Decision 2901E – Merced City School District
SA-UM-888-E
Decision Date: April 25, 2024
Decision Type: PERB Decision
Description: Merced City Teachers Association, CTA/NEA (MCTA) filed a Unit Modification Petition (Petition) under the Educational Employment Relations Act (EERA) to add 21 unrepresented preschool teachers employed by the Merced City School District to an existing unit of certificated District employees, which MCTA exclusively represents. After a PERB administrative hearing, the hearing officer denied the Petition, relying primarily on Redondo Beach City School District (1980) PERB Decision No. 114 (Redondo Beach). In his analysis, the hearing officer found that: (1) the preschool teachers did not share a community of interest with the existing bargaining unit, and (2) established practices and efficiency of operations weighed against modifying the unit.
Disposition: MCTA filed exceptions seeking to reverse the hearing officer’s decision. MCTA excepted to the hearing officer’s factual findings and legal conclusions, including, inter alia, the conclusion that preschool teachers do not have a community of interest with other bargaining unit employees. The Board reviewed the hearing officer’s legal conclusions de novo, and distinguished Redondo Beach from the instant case. The Board found that the majority of factors weigh in favor of modifying the unit pursuant to MCTA’s Petition, as the preschool teachers are certificated public school employees whose primary work function is to educate students in classrooms, just like the other teachers in MCTA’s bargaining unit.
Accordingly, The Board reversed the hearing officer’s decision, holding that the District preschool teachers are classroom teachers, that they share a community of interest with certificated employees, and that they belong in the MCTA bargaining unit.
Decision Headnotes
1309.05000 – Established Practices
Preschool teachers shared a community of interest elementary teachers and certificated bargaining unit members. Efficiency of operations and established practices also support unit modification. Board distinguishes Redondo Beach City School District (1980) PERB Decision No. 114.
1309.01000 – In General/Definition of Appropriate Unit
Preschool teachers shared a community of interest elementary teachers and certificated bargaining unit members. Efficiency of operations and established practices also support unit modification. Board distinguishes Redondo Beach City School District (1980) PERB Decision No. 114.
1309.03000 – Community of Interest
Preschool teachers shared a community of interest elementary teachers and certificated bargaining unit members. Efficiency of operations and established practices also support unit modification. Board distinguishes Redondo Beach City School District (1980) PERB Decision No. 114.
1309.01000 – In General/Definition of Appropriate Unit
PERB’s task when considering a petition for representation is to determine whether the petitioned-for unit is appropriate based on the facts present when the petition is filed. (Alliance Judy Ivie Burton Technology Academy High, et al. (2020) PERB Decision No. 2719 (Alliance I), p. 27, fn. 27.) The petitioning union is not required to seek to represent only the “most appropriate unit.” (Id., p. 24.) When performing this inquiry, PERB must weigh and balance the statutory criteria to achieve consistency of application and the general objectives of EERA. (Id., p. 24, citing Antioch Unified School District (1977) EERB Decision No. 37, p. 3; Marin Community College District (1978) PERB Decision No. 55, pp. 15-16.)
1309.08000 – Classroom Teachers
In Peralta Community College District (1978) PERB Decision No. 77, the Board interpreted EERA section 3545 as creating a statutory presumption that all classroom teachers of a public school employer should normally be included in a single bargaining unit. (Id. at p. 10.) This is known as the “Peralta presumption.” (Alliance College-Ready Public Schools (2023) PERB Decision No. 2879 (Alliance IV), p. 25.) Appellate precedent approves the presumption as a reasonable exercise of PERB's discretion to balance the “seemingly broad mandate” found in EERA section 3545, subdivision (b) with the “more nuanced approach” set forth in EERA section 3545, subdivision (a). (Wu v. Public Employment Relations Bd. (2022) 87 Cal.App.5th 715, 728 (Wu v. PERB).) While a party may rebut the presumption based on the cumulative weight of three factors—community of interest, past practices, and efficient operation standards (Alliance Morgan McKinzie High School et al. (2022) PERB Order No. Ad-491, p. 16)—the party opposing a comprehensive classroom teachers’ unit has the burden of proving that a different unit is more appropriate (Wu v. PERB, supra, 87 Cal.App.5th at p. 728; St. HOPE Public Schools (2018) PERB Order No. Ad-472, pp. 4-5 (St. HOPE)). Here, the Board finds that the preschool teachers are classroom teachers. As such, the District has the burden of proving that the preschool teachers do not share a community of interest with the other employees in the bargaining unit, that such employees do not belong to the same employee organization, and that a separate unit would not negatively affect the efficient operation of the district.