| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2667P |
San Diego Metropolitan Transit System
1308.02000: REPRESENTATION ISSUES; SEVERANCE; Severance (PUC Transit District Units)
Under federal law, and thus in transit district cases, the determination of whether a group of skilled craft workers should be severed from an existing bargaining unit is guided by balancing competing interests: (1) those in maintaining industrial stability and system-wide bargaining units against (2) employees’ opportunity to break away from a historical unit by a vote for separate representation. (p. 21.) The goal is to ensure that craft employees’ interests do not predominate without affording a voice in the decision to other unit employees, whose collective strength is weakened by a successful severance. (Ibid.) Thus, the party seeking severance must meet a heavy burden. (Id.) more or view all topics or full text. |
44 | 60 | 09/06/19 |
| 2667P |
San Diego Metropolitan Transit System
1308.02000: REPRESENTATION ISSUES; SEVERANCE; Severance (PUC Transit District Units)
In transit district cases, PERB will consider the following factors drawn from federal law to determine, on a case-by-case basis, whether craft severance is appropriate: (1) the character of the proposed unit, specifically whether it consists of a distinct and homogenous group of skilled journeymen craftsmen; (2) the history of collective bargaining between the employees at issue and the employer as a whole; (3) whether the petitioned-for employees have maintained a separate identity within the larger existing unit; (4) the history and pattern of collective bargaining in the industry involved; and (5) the degree to which the skilled craft workers are part of an integrated production process. (pp. 21-22.) Each of the factors is considered in concert with PERB’s preference for system-wide bargaining units in PUC transit districts. (p. 23.) more or view all topics or full text. |
44 | 60 | 09/06/19 |
| 2667P |
San Diego Metropolitan Transit System
1308.02000: REPRESENTATION ISSUES; SEVERANCE; Severance (PUC Transit District Units)
The first craft severance factor in transit district cases traditionally examines whether the proposed unit consists of “a distinct and homogenous group” of skilled journeymen craftsmen. Though they are not a distinct and homogenous group, given the preference in California’s public sector for multi-craft bargaining units, the inclusion of three distinct craft groups in a proposed unit does not bar severance. (pp. 25-26.) more or view all topics or full text. |
44 | 60 | 09/06/19 |
| 2667P |
San Diego Metropolitan Transit System
1308.02000: REPRESENTATION ISSUES; SEVERANCE; Severance (PUC Transit District Units)
The second craft severance factor in transit district cases examines the parties’ bargaining history, with emphasis on whether the existing history has produced stable labor relations, and whether such stability will be unduly disrupted by severance. This factor is given substantial weight. (p. 26.) more or view all topics or full text. |
44 | 60 | 09/06/19 |
| 2667P |
San Diego Metropolitan Transit System
1308.02000: REPRESENTATION ISSUES; SEVERANCE; Severance (PUC Transit District Units)
A recent change in the bargaining representative does not necessarily destabilize the existing relationship between the bargaining unit and employer. There must be some showing that the decertification resulted not from a generalized dissatisfaction with the incumbent union, but from dissatisfaction among the skilled craft employees specifically. (p. 27.) The evidence did not show that the incumbent unions failed to adequately represent the petitioned-for employees’ interests—both advocated for their interests in bargaining sessions. And the failure to achieve a bargaining goal on behalf of certain employees does not mean the union failed to adequately represent them. (pp. 27-28.) more or view all topics or full text. |
44 | 60 | 09/06/19 |
| 2667P |
San Diego Metropolitan Transit System
1308.02000: REPRESENTATION ISSUES; SEVERANCE; Severance (PUC Transit District Units)
Inadequate representation of the group seeking severance is unlikely to be found where employees in the proposed unit have participated in internal union affairs and in contract negotiations as part of the existing unit. (p. 28.) more or view all topics or full text. |
44 | 60 | 09/06/19 |
| 2667P |
San Diego Metropolitan Transit System
1308.02000: REPRESENTATION ISSUES; SEVERANCE; Severance (PUC Transit District Units)
The third craft severance factor in transit district cases examines whether the severance-seeking group has maintained a separate identity within the larger unit, and the extent of their participation in establishing and maintaining existing representational structure. This includes consideration of the similarity of terms and conditions of employment between the proposed and existing units, as well as any transfers or interchange between those units’ positions. (p. 29.) The participation of petitioned-for employees in general unit representation matters indicates they have not sought to maintain a separate identity, though this conclusion may be inconclusive where there is an absence of interchange between the classifications and they share similar and dissimilar terms and conditions of employment. (p. 30.) more or view all topics or full text. |
44 | 60 | 09/06/19 |
| 2667P |
San Diego Metropolitan Transit System
1308.02000: REPRESENTATION ISSUES; SEVERANCE; Severance (PUC Transit District Units)
The fourth craft severance factor in transit district cases examines the history and pattern of collective bargaining in the industry involved. (p. 30.) more or view all topics or full text. |
44 | 60 | 09/06/19 |
| 2667P |
San Diego Metropolitan Transit System
1308.02000: REPRESENTATION ISSUES; SEVERANCE; Severance (PUC Transit District Units)
The fifth craft severance factor in transit district cases examines the degree to which the skilled craft workers are part of an integrated production process. (p. 31.) Considerations include whether the skilled craft workers work primarily in production areas or in separate shops, whether the production process is functionally dependent upon the work performed by the skilled craft workers, and whether a work stoppage among employees in the proposed unit would have a substantial impact on the operations of the other parts of the system. (Ibid.) Consistent with PERB’s preference for system-wide bargaining units in transportation systems, the evidence demonstrated functional dependence where the petitioned-for classifications perform duties integral to the provision of safe, reliable public transit services. (pp. 32-33.) more or view all topics or full text. |
44 | 60 | 09/06/19 |
| 2667P |
San Diego Metropolitan Transit System
1308.02000: REPRESENTATION ISSUES; SEVERANCE; Severance (PUC Transit District Units)
Employee preference alone is not sufficient to justify severance of a separate bargaining unit. PERB must determine based on the totality of the evidence presented at the hearing whether severance of the requested unit is appropriate. (pp. 33-34.) more or view all topics or full text. |
44 | 60 | 09/06/19 |
| 2667P |
San Diego Metropolitan Transit System
1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit
Employee preference alone is not sufficient to justify severance of a separate bargaining unit. PERB must determine based on the totality of the evidence presented at the hearing whether severance of the requested unit is appropriate. (pp. 33-34.) more or view all topics or full text. |
44 | 60 | 09/06/19 |
| 2667P |
San Diego Metropolitan Transit System
1309.02000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Bargaining/Representation History
In craft unit severance cases, the history of collective bargaining of the employees at issue and the employer as a whole must be examined, “with emphasis on whether the existing patterns of bargaining are productive of stability in labor relations, and whether such stability will be unduly disrupted by the destruction of the existing patterns of representation.” (p. 26.) A recent change in the bargaining representative does not necessarily destabilize the existing relationship between the bargaining unit and employer. There must be some showing that the decertification resulted not from general dissatisfaction with the incumbent union, but from dissatisfaction among the skilled craft employees specifically. (p. 27.) more or view all topics or full text. |
44 | 60 | 09/06/19 |
| 2667P |
San Diego Metropolitan Transit System
1309.02000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Bargaining/Representation History
Inadequate representation of the group seeking severance is unlikely to be found where employees in the proposed unit have participated in internal union affairs and in contract negotiations as part of the existing unit. (p. 28.) more or view all topics or full text. |
44 | 60 | 09/06/19 |
| 2667P |
San Diego Metropolitan Transit System
1309.06000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Extent of Organization
Employee preference alone is not sufficient to justify severance of a separate bargaining unit. PERB must determine based on the totality of the evidence presented at the hearing whether severance of the requested unit is appropriate. (pp. 33-34.) more or view all topics or full text. |
44 | 60 | 09/06/19 |
| A470E |
Children of Promise Preparatory Academy
1302.04000: REPRESENTATION ISSUES; DECERTIFICATION; Bar To
PERB may stay a decertification election to decide a party’s pending blocking charge, i.e. whether the employees’ dissatisfaction with their representative is in all likelihood attributable to the employer’s unfair practices rather than the representative’s failure to respond to and serve the needs of the employees it represents. (pp. 2-3, fn. 2.) more or view all topics or full text. |
43 | 82 | 11/29/18 |
| A470E |
Children of Promise Preparatory Academy
1302.04000: REPRESENTATION ISSUES; DECERTIFICATION; Bar To
Where there is a final determination that the employer engaged in misconduct interfering with a representative’s ability to effectively represent bargaining unit employees (pp. 2-3), OGC may subsequently rely on the determination to find that the employer’s unlawful conduct would likely affect a decertification election and offer the employer an opportunity to show that any adverse effects of that conduct on employee free choice no longer exists, thereby permitting an election. (p. 5.) more or view all topics or full text. |
43 | 82 | 11/29/18 |
| A470E |
Children of Promise Preparatory Academy
1302.04000: REPRESENTATION ISSUES; DECERTIFICATION; Bar To
Where a blocking charge proves an employer engaged in unlawful conduct likely to affect a decertification election, the employer may present facts to overcome the likelihood that its unlawful conduct has affected voter choice. (p. 6.) Employee declarations, submitted by the employer, attesting to conditions as they existed when they filed the decertification petition did not provide any evidence that present conditions are now neutral as required for a fair election. (pp. 3-4, 6.) more or view all topics or full text. |
43 | 82 | 11/29/18 |
| A470E |
Children of Promise Preparatory Academy
1303.04000: REPRESENTATION ISSUES; ELECTIONS; Blocking Charge
The Board may stay a decertification election to decide a party’s pending blocking charge, i.e. whether the employee’s dissatisfaction with their representative is in all likelihood attributable to the employer’s unfair practices rather than the representative’s failure to respond to and serve the needs of the employees it represents. (pp. 2-3, fn. 2.) more or view all topics or full text. |
43 | 82 | 11/29/18 |
| A470E |
Children of Promise Preparatory Academy
1303.04000: REPRESENTATION ISSUES; ELECTIONS; Blocking Charge
Where there is a final determination that the employer engaged in misconduct interfering with a representative’s ability to effectively represent bargaining unit employees (pp. 2-3), OGC may subsequently rely on the determination to find that the employer’s unlawful conduct would likely affect a decertification election and offer the employer an opportunity to show that any adverse effects of that conduct on employee free choice no longer exists, thereby permitting an election. (p. 5.) more or view all topics or full text. |
43 | 82 | 11/29/18 |
| A470E |
Children of Promise Preparatory Academy
1303.04000: REPRESENTATION ISSUES; ELECTIONS; Blocking Charge
The proper inquiry in a blocking charge is not the employees’ motivation for filing a decertification petition but whether the employer’s alleged unlawful conduct would prevent bargaining unit employees from exercising free choice in an election. (p. 6, fn. 5.) more or view all topics or full text. |
43 | 82 | 11/29/18 |
| A470E |
Children of Promise Preparatory Academy
1303.04000: REPRESENTATION ISSUES; ELECTIONS; Blocking Charge
Where a blocking charge proves an employer engaged in unlawful conduct likely to affect a decertification election, the employer may present facts to overcome the likelihood that its unlawful conduct has affected voter choice. (p. 6.) Employee declarations, submitted by the employer, attesting to conditions as they existed when they filed the decertification petition do not provide any evidence that the present conditions are now neutral as required for a fair election. (pp. 3-4, 6.) more or view all topics or full text. |
43 | 82 | 11/29/18 |
| A470E |
Children of Promise Preparatory Academy
1303.04000: REPRESENTATION ISSUES; ELECTIONS; Blocking Charge
The proper inquiry in a blocking charge is not the employees’ motivation for filing a decertification petition but whether the employer’s alleged unlawful conduct would prevent bargaining unit employees from exercising free choice in an election. (p. 6, fn. 5.) more or view all topics or full text. |
43 | 82 | 11/29/18 |
| A470E |
Children of Promise Preparatory Academy
1303.09000: REPRESENTATION ISSUES; ELECTIONS; Stay of
The Board may stay a decertification election to decide a party’s pending blocking charge, i.e. whether the employee’s dissatisfaction with their representative is in all likelihood attributable to the employer’s unfair practices rather than the representative’s failure to respond to and serve the needs of the employees it represents. (pp. 2-3, fn. 2.) more or view all topics or full text. |
43 | 82 | 11/29/18 |
| A470E |
Children of Promise Preparatory Academy
1303.09000: REPRESENTATION ISSUES; ELECTIONS; Stay of
In determining whether to grant a stay of a representation election, OGC looks to “whether the facts alleged in the unfair practice charge, if true, would likely affect the vote of employees, and, thus, the outcome of the election.” (p. 5.) more or view all topics or full text. |
43 | 82 | 11/29/18 |
| A470E |
Children of Promise Preparatory Academy
1303.11000: REPRESENTATION ISSUES; ELECTIONS; Employer Conduct
The Board may stay a decertification election to decide a party’s pending blocking charge, i.e. whether the employee’s dissatisfaction with their representative is in all likelihood attributable to the employer’s unfair practices rather than the representative’s failure to respond to and serve the needs of the employees it represents. (pp. 2-3, fn. 2.) more or view all topics or full text. |
43 | 82 | 11/29/18 |
Notice Regarding Use of Generative Artificial Intelligence (“AI”) at PERB
For information about use of AI in PERB filings, see Atwater Elementary Teachers Association, CTA/NEA (Garcia) (2025) PERB Decision No. 2995-E and our FAQ.
