Decision A361M – City of Glendale

LA-BR-6-M

Decision Date: April 13, 2007

Decision Type: Administrative Appeal

Description:  An appeal of a Board agent’s decision to dismiss International Brotherhood of Electrical Workers, Local 18’s petition for board review.

Disposition:  The Board dismissed the petition because the International Brotherhood of Electrical Workers failed to demonstrate that the city’s determination was not reasonable.

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Perc Vol: 31
Perc Index: 89

Decision Headnotes

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

PERB must consider whether a public agency’s unit appropriateness determination is reasonable. Local government employer does not have to find the most appropriate unit. The MMBA requires only that the unit be appropriate. PERB has also rejected the most appropriate unit standard under EERA. The party challenging a unit determination decision has the burden to demonstrate the decision was unreasonable. The union has not provided facts to establish the city’s unit determination was not reasonable.

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

The union failed to provide any evidence showing a lack of community interest with other classifications in the union. The union’s claim that it had effectively represented similar units in other cities is insufficient to show the unit determination decision was unreasonable.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

60000. Repealed May 11, 2006. As the case was filed before the regulation was repealed, Regulation 60000 is applicable.