REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200) – In General/Definition of Appropriate Unit
Single Topic for Decision A402E
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1309.01000 – In General/Definition of Appropriate Unit
The burden of providing sufficient evidence demonstrating that a material issue of fact does exist lies with the party seeking to exclude certain employees from the bargaining unit on the basis that they are managerial, supervisory, or confidential. In cases involving a presumptively appropriate bargaining unit, such as “all classroom teachers,” the burden of proof also lies with the party opposing the unit.