Decision 2509E – Oakland Unified School District

SF-UM-758-E; SF-UM-759-E and SF-UM-760-E

Decision Date: December 29, 2016

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 41
Perc Index: 111

Decision Headnotes

1306.00000 – REPRESENTATION ISSUES; PROOF OF SUPPORT
1306.01000 – In General; Requirements

Where the record following a unit modification hearing included insufficient information to determine whether the modification will increase the size of the existing unit by more than 10 percent, which would require proof of majority support among the employees to be added, the Board remanded the case for further investigation.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.01000 – In General/Definition of Appropriate Unit

When the existing unit is not a Sweetwater unit, the proper inquiry is whether the requested unit configuration is an appropriate unit, not whether it is more appropriate than the existing configuration. Under those circumstances, the criteria of EERA section 3545(a) apply.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.01000 – In General/Definition of Appropriate Unit

Where there are two possible unit placements for a disputed job classification, it must be determined which unit shares the greater community of interest with the classification.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.03000 – Community of Interest

In defining “community of interest,” PERB has considered such factors as job functions, qualifications, training, skills, supervision, frequency of contact with other employees, integration of work functions of other employees, method of wage payment, hours of work, etc. PERB has eschewed a rigid application of these factors and instead assesses them based on the totality of the circumstances.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.03000 – Community of Interest

In the community of interest analysis, the Board considers actual job duties, not job descriptions.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.05000 – Established Practices

Established practices include the extent to which the employees belong to the same employee organization and negotiating history.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.05000 – Established Practices

Although the community of interest analysis generally focuses on present, not past, classifications and duties, where new classifications inherit duties from former classifications, it is appropriate to consider which employee organization represented the former classification.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.14000 – Splitting of Classifications

The Board has interpreted EERA to disfavor splitting a single classification across multiple units when the employees within the classification perform the same work under virtually identical conditions of employment.

1310.00000 – REPRESENTATION ISSUES; UNIT MODIFICATION
1310.01000 – In General

A party petitioning for a unit modification must provide proper notice to both PERB and other parties of the correct bargaining unit at issue, as well as the number of employees in the unit. However, where there was no genuine confusion as to which of two bargaining units was involved in a unit modification petition, and no demonstration of prejudice to the other parties, the Board declined to dismiss a purportedly defective petition.