Decision A472E – St. Hope Public Schools

SA-RR-1170-E

Decision Date: December 6, 2018

Decision Type: Administrative Appeal

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Perc Vol: 43
Perc Index: 86

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

In Peralta Community College District (1978) PERB Decision No. 77 (Peralta), the Board interpreted EERA section 3545 as creating a rebuttable presumption that all classroom teachers should be placed in the same unit. To rebut the presumption, [a petitioner] has the burden to show that its proposed unit is more appropriate than one including day-to-day substitutes, based on three factors: (1) community of interest; (2) established practices including the extent to which employees in different categories have selected [the petitioner] as their representative; and (3) employer efficiency. (EERA, § 3545, subd. (a).)

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

In Peralta Community College District (1978) PERB Decision No. 77 (Peralta), the Board interpreted EERA section 3545 as creating a rebuttable presumption that all classroom teachers should be placed in the same unit. To rebut the presumption, [a petitioner] has the burden to show that its proposed unit is more appropriate than one including day-to-day substitutes, based on three factors: (1) community of interest; (2) established practices including the extent to which employees in different categories have selected [the petitioner] as their representative; and (3) employer efficiency. (EERA, § 3545, subd. (a).)

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.02000 – Bargaining/Representation History

The OGC’s over-emphasis on the traditional community of interest factors prevented the AD from giving proper weight to the fact that the organizing campaign took place almost exclusively among the regular staff, a majority of whom supported SCTA as their exclusive representative. In other words, the AD did not comply with Peralta and EERA section 3545, subdivision (a), which requires the Board to consider established practices, including the extent to which employees in the requested unit have organized themselves into a coherent bargaining unit. In our view, particularly given that day-to-day substitutes’ community of interest with the rest of the unit was weaker than average, the evidence regarding extent of organization is sufficient to tip the analytical balance, rebut the presumption favoring a comprehensive unit, and demonstrate the appropriateness of the requested unit.