Decision A079S – State Employer-Employee Relations Act - Governor's Office of Employee Relations (Phase III)
S-R-1-56-S
Decision Date: October 18, 1979
Decision Type: Administrative Appeal
Perc Vol: 3
Perc Index: 10133
Decision Headnotes
1107.17000 – Advisory Opinions
Proper scope of unit determination proceeding is employees who are to be included in designated units. It is unnecessary to address the contention that the Board is without jurisdiction to designate an employee as managerial, confidential, or supervisory in order to formulate appropriate units, as such an inquiry would concern matter not in controversy; pp. 2-3.
1309.01000 – In General/Definition of Appropriate Unit
Proper scope of unit determination proceeding is employees who are to be included in designated units. It is unnecessary to address the contention that the Board is without jurisdiction to designate an employee as managerial, confidential, or supervisory in order to formulate appropriate units, as such an inquiry would concern matter not in controversy; pp. 2-3. Burden in unit determination proceeding is on party seeking exclusion of employees from units to justify the exclusion; p. 2. Burden of justifying exclusion in unit determination proceeding can be met by showing evidence of actual job requirements which disqualify the employee from placement in representation units, irrespective of which exclusionary category those employee may fit; p. 2.
200.01000 – In General
Proper scope of unit determination proceeding is employees who are to be included in designated units. It is unnecessary to address the contention that the Board is without jurisdiction to designate an employee as managerial, confidential, or supervisory in order to formulate appropriate units, as such an inquiry would concern matter not in controversy; pp. 2-3. Burden of proof in unit determination proceeding is on party seeking exclusion of employees from units to justify the exclusion; p. 2. Burden of justifying exclusion in unit determination proceeding can be met by showing evidence of actual job requirements which disqualify the employee from placement in representation units, irrespective of which exclusionary category those employees may fit; p. 2.
1105.03000 – Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses
Burden of proof in unit determination proceeding is on party seeking exclusion of employees from units to justify the exclusion; p. 2. Burden of justifying exclusion in unit determination proceeding can be met by showing evidence of actual job requirements which disqualify the employee from placement in representation units, irrespective of which exclusionary category those employees may fit; p. 2. In unit determination hearing, all evidence relevant to any exclusionary issue would be admitted; p. 2.
1105.18000 – Relevance
In unit determination hearing, all evidence relevant to any exclusionary issue would be admitted; p. 2.