Decision A420M – San Francisco Housing Authority
Decision Date: April 28, 2015
Decision Type: Administrative Appeal
Description: Employee organization petitioned to have maintenance mechanic employees reassigned to a different bargaining unit. PERB’s Office of the General Counsel determined that while PERB’s unit modification procedures permit the transfer of positions or classifications between bargaining units, petitions seeking such transfer must be filed jointly by all the affected exclusive representatives. Since the organization representing status quo did not join in the petition, the Office of the General Counsel dismissed the petition. Employee organization seeking transfer appealed.
Disposition: The Board affirmed the Office of the General Counsel’s determination, concluding that under PERB Regulation 61450(b)(3) unit modification petitions seeking to transfer represented employees or classifications to a different bargaining unit must be joined by all affected exclusive representatives, and failure to obtain such joinder is a basis for dismissing the petition.
Perc Vol: 39
Perc Index: 150
1310.01000 – In General
Laborers clearly is an “affected” exclusive representative in that if Local 38’s petition were granted, Laborers would be affected. The language of PERB Regulation 61450(c) is “affected,” not “adversely affected.” Accordingly, we reject Local 38’s contention that Laborers is not an “affected” exclusive representative. PERB Regulation 61450 speaks of “classifications or positions” and not of “work.” Therefore, a petition which seeks to transfer “work” or a union’s “jurisdiction over work,” but not a “classification or position,” fails to meet the requirements of the regulation. PERB permits unit modification petitions that seek to transfer classifications between bargaining units. However, such petitions must be filed jointly by all affected exclusive representatives pursuant to PERB Regulation 61450(c). To the extent that [Local 38] states that it is seeking to transfer “work,” rather than positions or classifications, a unit modification petition is not appropriate. PERB unit modification procedures concern the appropriate inclusion or exclusion of “positions” or “classifications” from a bargaining unit.
1310.04000 – Decertification and Unit Modification
When the employees covered by a petition are currently represented, an employee organization unilaterally desiring to represent them must file a decertification petition pursuant to PERB Regulation 61350 et seq., or a severance petition pursuant to PERB Regulation 61400 et seq. The litany of requirements contained within those provisions—including proof of employee support, and restrictions on the timing of petitions—would be undermined if a petitioner could file a unilateral and hostile unit modification petition.
1310.06000 – Unfair Practice and Unit Modification
To the extent that [Local 38] argues the [Employer’s] placement of the maintenance mechanic classification within the Laborer’s bargaining unit violated the MMBA, [Local 38] may file an unfair practice charge.