Cal. Code Regs. tit. 8 § 72220

Current through Register 2025 Notice Reg. No. 2, January 10, 2025

Section 72220 - Unit Criteria

(a) In each case where the appropriateness of a unit is an issue, in determining an appropriate unit, SMCS 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) Any other traditional community of interest factors.

(3) The effect of the proposed unit on employees' right to effective representation.

(4) The effect of the proposed unit on the efficient operation of the transit district and on meet and confer relationships, including the impact of unnecessary fragmentation of employee groups or unwarranted proliferation of units, as well as any material effect on the employer's ability to deal effectively with an employee organization representing the unit.

(b) In each case where a petitioner seeks to accrete classifications or positions into an existing bargaining unit, in addition to the criteria set forth in subsection (a), SMCS shall weigh whether the group to be accreted would itself constitute an appropriate unit. If the petitioning party has not provided proof of support from a majority of the employees to be accreted, SMCS shall also take into consideration the size of the group to be accreted relative to the size of the existing unit.

Cal. Code Regs. Tit. 8, § 72220

Note: Authority cited: Sections 3541.3(g) and 3603, Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301, 101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public Utilities Code.

1. New article 10 (section 72220) and section filed 6-5-2024; operative 10/1/2024 (Register 2024, No. 23).