Decision 0650E – Redwoods Community College District
Decision Date: December 28, 1987
Decision Type: PERB Decision
Perc Vol: 12
Perc Index: 19018
202.08000 – Employer-Created Organizations
An organization named the Classified Employees Council (CEC) was an employee organization under EERA section 3540.1(d) even where it purported not to involve itself in collective bargaining or represent employees in grievance procedures where it: had as its stated purposes "to provide an avenue of representation for the classified (unit) employee, provide the classified staff with a representative body to act in its behalf in determining the need for, and in the formation of, policies in all matters affecting the welfare of the college and the classified employees, and to provide the administration of the college with . . . suggestions of the classified staff;" made recommendations to the administration, some of which were implemented and affected unit members (reorganization of staff, combining of duties and positions, etc.); at governing board meetings, endorsed tentative collective bargaining agreements between the combining of duties and positions, etc.); at governing board meetings, endorsed tentative collective bargaining agreements between the having managerial responsibilities (e.g., hiring committee, etc.); had formal organization with a constitution, by-laws, and elected officers; held regular meetings and kept minutes; and gave input to the employer on negotiable matters. Groups to which management delegates actual decision-making authority are not "employee organizations" under the Act.
202.01000 – In General; Statutory Definition
To qualify as an employee organization under EERA section 3540.1(d), a group need not represent employees on negotiable matters. It need only represent employees in their "relations" with the public school employer, notwithstanding that it never represents employees in the bargaining process or grievances; Groups to which management delegates actual decision-making authority are not "employee organizations" under the Act.
607.02000 – With Nonexclusive Representatives
EERA section 3543.2, which provides that an employer may consult with any employees or employee organizations about matters outside of scope, is limited by other provisions of the EERA, such as section 3543.1(a) which states that only the exclusive representative may represent that unit in their "employment relations" with the public school employer. This limitation on rival unions is not limited to negotiable items, but applies to the broader arena of "employment relations." However, mere discussion between management and other employee groups, rather than making recommendations to management, does not constitute "dealing with" the employer.
701.02000 – Consulting vs. Negotiating or “Dealing With” Nonexclusive Representative
Mere discussion between management and non-exclusive representatives, rather than making recommendations to management in the broad area of "employment relations", does not constitute unlawful "dealing with" the employer.
1200.03000 – Decertification or Disestablishment of Labor Organization
If it is determined, under the totality of the circumstances, that an employer dominated an employee organization, disestablishment of the organization is the appropriate remedy; whereas a finding of mere interference or support for the organization may call only for a cease and desist order.
700.01000 – In General
The employer dominated and interfered with the formation and administration of an employee organization and contributed financial and other support to it by: its pervasive involvement in the formation and administration of the Classified Employee Council (CEC); the participation of management employees -- including the district's personnel officer -- as members of CEC's governing board; the presence of employer supervisory personnel at CEC meetings; conducting secret ballot elections for the CEC using employer time and resources; giving the CEC a revolving account and a financial grant to operate; authorizing release time for unit members to participate in CEC activities; giving CEC a preferred spot on the district's board of trustees agenda, while refusing the same privilege to the exclusive bargaining agent (CSEA); and giving the CEC high visibility roles in areas of program review and on several organizations within the bargaining agent (CSEA); and giving the CEC high visibility roles in areas of program review and on several organizations within the