Decision A383E – Communications Workers of America, AFL-CIO

LA-RR-1158-E

Decision Date: February 23, 2010

Decision Type: Administrative Appeal

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Perc Vol: 34
Perc Index: 65

Decision Headnotes

1300.00000 – REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION
1300.01000 – In General

Petition to recognize separate unit of substitute teachers is granted, where denial of petition would effectively preclude teachers from exercising their statutory bargaining rights.

1300.00000 – REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION
1300.02000 – Request for Recognition

Petition to recognize separate unit of substitute teachers is granted, where denial of petition would effectively preclude teachers from exercising their statutory bargaining rights. While substitute teachers may be included within a broader unit of teachers, a unit composed solely of substitute teachers may also be appropriate. Even where the broader unit may well be appropriate had the matter been brought before PERB, it would not effectuate the purposes of the statute to force expansion of a unit upon an unwilling representative. Neither potential for increased costs arising out of having to negotiate with another representative nor claim that unit of substitute teachers is “transitory” justifies denial of recognition.

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

Representation petitions may be filed by residual groups of unrepresented employees who were excluded from existing units via voluntary recognitions or consent election agreements, but would likely have been included in the unit had the issue been before the Board at that time. These types of petitions are filed because there is no mechanism for being added to the existing unit if the exclusive representative of that unit chooses not to file a unit modification petition. There is no established mechanism for forcing upon an existing unit an additional group of employees the unit does not want.

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

While substitute teachers may be included within a broader unit of teachers, a unit composed solely of substitute teachers may also be appropriate. Even where the broader unit may well be appropriate had the matter been brought before PERB, it would not effectuate the purposes of the statute to force expansion of a unit upon an unwilling representative.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.08000 – Classroom Teachers

While substitute teachers may be included within a broader unit of teachers, a unit composed solely of substitute teachers may also be appropriate. A stand-alone unit of substitutes in this case satisfies the requirements of EERA section 3545 and ensures the ability of such employees to exercise the rights guaranteed under EERA, where the alternative would leave them with no representation whatsoever. Substitute teachers fall within the scope of EERA, and the District “would have an obligation to negotiate regardless of whether substitutes were placed in a separate unit or folded into the existing unit.”