SECTIONS 99565 - California Statutes

PUBLIC UTILITIES CODE

SECTION 99565

99565. (a) In each case where the appropriateness of a unit is an
issue, in determining an appropriate unit, the board shall take into
consideration all of the following criteria:
(1) The internal and occupational community of interest among the
employees, including, but not limited to, the extent to which they
perform functionally related services or work toward established
common goals, the history of employee representation with the
employer, the extent to which the employees belong to the same
employee organization, the extent to which the employees have common
skills, working conditions, job duties, or similar educational or
training requirements, and the extent to which the employees have
common supervision.
(2) The effect that the projected unit will have on the meet and
confer relationships, emphasizing the availability and authority of
employer representatives to deal effectively with employee
organizations representing the unit, and taking into account factors
such as work location, the numerical size of the unit, the
relationship of the unit to organizational patterns of the transit
district employer, and the effect on the existing classification
structure or existing classification schematic of dividing a single
class or single classification schematic among two or more units.
(3) The effect of the proposed unit on efficient operations of the
employer and the compatibility of the unit with the responsibility
of the transit district employer and its employees to serve the
public.
(4) The number of employees and classifications in a proposed
unit, and its effect on the operations of the employer, on the
objectives of providing the employees the right to effective
representation, and on the meet and confer relationship.
(5) The impact on the meet and confer relationship created by
fragmentation of employee groups or any proliferation of units among
the employees of the employer.
(b) The board shall not determine that any unit is appropriate if
it includes, together with other employees, employees who are defined
as peace officers pursuant to subdivisions (b) and (c) of Section
830.2 of the Penal Code.