Decision 2650Pa – San Joaquin Regional Transit District

SA-UM-873-M

Decision Date: August 30, 2019

Decision Type: PERB Decision

Description: Transit District asked the Board to authorize judicial review of the Board’s decision in San Joaquin Regional Transit District (2019) PERB Decision No. 2650-P. In the underlying decision, the Board granted a transit union’s Petition for Clarification seeking to add an unrepresented classification at the transit district into the district’s single, broad bargaining unit which the transit union exclusively represents.

Disposition: The Board denied the transit district’s request to authorize judicial review of the underlying decision. Assuming that PERB Regulation 32500 provided the transit district with the right to have filed the instant request, the Board determined that this case does not meet the regulation’s “special importance” standard required to authorize judicial review of a representation decision.

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Decision Headnotes

1310.00000 – REPRESENTATION ISSUES; UNIT MODIFICATION
1310.08000 – Accretion, Adding classification(s) to existing unit (transit district units)

Despite some differences between the job classification existing in the bargaining unit and new job classification which union sought to have added to the unit, because the essential functions performed by the new classification closely match those historically performed within the unit, the new classification is properly viewed as remaining within the unit. (Premcor, Inc. (2001) 333 NLRB 1365 (Premcor) [newly-created position may be placed in a bargaining unit without satisfying accretion principles or requiring employee support, if the position’s duties clearly fit within that unit].)