City of Sacramento (PERB 2354M)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
CITY OF SACRAMENTO,
Employer,
and
INTERNATIONAL ASSOCIATION OF
MACHINISTS & AEROSPACE WORKERS,
Petitioner,
and
STATIONARY ENGINEERS LOCAL 39,
Real Party in Interest.
Case No. SA-UM-795-M
PERB Decision No. 2354-M
February 14, 2014
Appearances: 	Siegel, Lewitter & Malkani by Jonathan H. Siegel and Arnulfo Medina,
Attorneys, for International Association of Machinists & Aerospace Workers; Carroll, Burdick
& McDonough by Gary M. Messing and Jason H. Jasmine, Attorneys, for Stationary Engineers
Local 39.
Before Huguenin, Winslow and Banks, Members.
DECISION
BANKS, Member: This case is before the Public Employment Relations Board (PER
or Board) on exceptions filed by the International Association of Machinists & Aerospace
Workers (IAM) to a PERB Hearing Officer's proposed decision (attached). The Hearing
Officer denied IAM's petition under the Meyers-Milias-Brown Act (MMBA)
B
1 to modify
bargaining unit 12, also referred to as the "automotive bargaining unit," which is represented
by IAM, to include the classification of Fleet Service Coordinator. The City of Sacramento
(City), which has no local rules governing unit determination matters, established the Fleet
1 The MMBA is codified at Government Code section 3500 et seq. Unless otherwise
noted, all statutory references are to the Government Code.

Service Coordinator position in February 2011, but did not assign the position to any particular
unit, pending resolution
of
lAM's
petition, which was filed with PERB almost one year earlier
when 1AM learned
of
plans to create the position to free up !AM-represented Equipment
Mechanic Ills from performing clerical and customer-service related duties.
> 1AM argues that, because the primary duties
of
the position were historically
performed by Equipment Mechanic Ills and other lAM-represented positions, the automotive
bargaining unit rather than bargaining unit 16, the clerical-customer service bargaining unit
represented by Stationary Engineers, Local 39 (Local 39), is the most appropriate unit for
the newly-established position. 1AM also urges the Board to adopt Premcor, Inc. (2001)
333 NLRB 1365 (Premcor) and similar decisions by the National Labor Relations Board
(NLRB), which recognize a rebuttable presumption that a newly-created classification resides
in the bargaining unit where its primary duties have historically been performed, rather
than
requiring the petitioner to prove the appropriateness
of
the unit by way
of
the NLRB' s
accretion process. (Id. at p. 1366; see also In Re Developmental Disabilities Inst., Inc. (2001)
334 NLRB 1166, 168; Tarmac Am., Inc. & Int'! Union
of
Operating Engineers, Local 487,
AFL-CIO (2004) 342 NLRB 1049, 1055 (Tarmac).)
Local 39, which joined this matter as the real party in interest, opposes
lAM's
petition
and asserts that the essentially clerical and customer service nature
of
the duties assigned to
Fleet Service Coordinators, and other recognized "community
of
interest" factors, dictate that
the classification belongs in the clerical-customer service related unit represented by Local 39.
Specifically, Local 39 argues that the customer service duties assigned to Fleet Service
Coordinators are similar to duties performed by customer service representatives, police records
specialists and other classifications in Local 39's jurisdiction. It also points out that all
of
the
incumbents in the Fleet Service Coordinator classification were previously Storekeepers, whom
2

the City agreed to reclassify to the newly-established position, when the Storekeeper duties were
eliminated through contracting out.
The City has taken no formal position regarding the merits ofIAM's petition.
However, it acknowledges that, in return for Local 39's assent to the City's plans to contract
out the Storekeeper duties, the City agreed to place the former Storekeepers in the newly
established Fleet Service Coordinator position without an application process and without
requiring additional training. The City also agreed to increase the compensation for the
position as part of the negotiations which resulted in Local 39 abandoning its opposition to
contracting-out the Storekeeper duties. Because the City has no local rules governing unit
determination issues, it also acknowledges that PERB's unit modification procedure is the
appropriate forum in which to resolve this issue.
We have reviewed the entire record, including IAM' s unit modification petition, the
transcript of the hearing, the parties' post-hearing briefs, the Hearing Officer's proposed
decision, IAM's exceptions to the proposed decision, and Local 39's response in opposition
thereto. 	Based on our review, we find the Hearing Officer's proposed decision to be well
reasoned and in accordance with applicable law and we adopt it as the decision of the Board
itself, as supplemented by the discussion below.
DISCUSSION
For the most part, IAM's exceptions and supporting brief have raised no arguments
which were not already fully and correctly addressed in the proposed decision. 	Since we adopt
the proposed decision as the decision of the Board itself, we need not address IAM' s
exceptions here, other than to respond to its request that the Board adopt the NLRB' s Premcor
line of cases, and, its contention that, because the clerical and customer service duties assigned
to the Fleet Service Coordinator classification were historically performed by employees in the
3

Equipment Mechanic III classification in IAM' s bargaining unit, that same unit is the
presumptively appropriate home for the newly-created position.
Under Premcor, supra, 333 NLRB 1365, and similar cases, once it is established that a
newly-created classification performs the same basic functions as have historically been
performed by a classification of employees in a particular bargaining unit, the new
classification is properly viewed as remaining within that unit, rather than being added to the
unit by way of accretion. (Id. at p. 1366; In Re Developmental Disabilities Inst., Inc. (2001)
334 NLRB 1166, 168.) 	Unless rebutted by contrary evidence, the Premcor presumption thus
relieves the petitioning party from carrying its burden, under the NLRB' s accretion process, of
demonstrating a sufficient community of interest between the existing unit and the employees to
be "accreted" to that unit. The duties being compared need not be identical in every respect for
the presumption to apply. Even where there are some differences between the old and new jobs
due to technological advances or innovations in the work process, the new position is presumed
part of the existing unit, so long as the essential functions performed by the new classification
are the same as historically performed within the unit. (Premcor, supra, at p. 1366; Tarmac,
supra, 342 NLRB 1049, 1055.) Conversely, the Premcor presumption does not apply if the
functions performed by one group of employees are "merely incidental to their primary work
functions or are otherwise an insignificant part of their job." (Tarmac, supra, at p. 1055.)
Although PERB has not formally adopted Premcor, in various instances arising under the
Educational Employment Relations Act (EERA),2 newly established certificated classifcations
have been automatically placed in the existing unit of certificated employees, unless the positio
was managerial, supervisory or confidential, or unless there was evidence rebutting the
presumption established by EERA section 3545, subdivision (b)(l) and Peralta Community
n
2 EERA is codified at section 3540 et seq.
4

College District (1978) PERB Decision No. 77. (El Monte Union High School District (1980)
PERB Decision No. 142.) PERB has similarly held that where an existing unit encompasses all
classified school employees, except those designated management, supervisory or confidential, a
newly-established non-managerial, non-supervisory, non-confidential classified position is
automatically placed within the existing classified unit. (Delano Joint Union High School
District (2004) PERB Decision No. 1678; San Ysidro School District (1997) PERB Decision
No. 1198, p. 3.)
By contrast, in several cases arising under the Higher Education Employer-Employee
Relations Act (HEERA)3 and the Ralph C. Dills Act (Dills Act),4 PERB has held that, as a
class of employees, retired annuitants hired on a temporary or part-time basis are not
presumptively included in the unit of employees where the annuitants' duties have historically
been performed. Rather, retired annuitants will be assigned to the bargaining unit where their
tasks have historically been performed only after a hearing and Board determination as to the
appropriateness of including such persons in the existing unit. (Unit Determination for
Technical, Skilled Crafts, Service and Professional Employees of the University of California
(Lawrence Livermore National Laboratory Casual Employees) (1983) PERB Decision
No. 290-H; Unit Determination for Technical, Skilled Crafts, Service and Professional
Employees of the University of California (Lawrence Livermore National Laboratory Casual
Employees) (1983) PERB Decision No. 290a-H (Lawrence Livermore II); State of California
(Department of Corrections & Rehabilitation) (2010) PERB Decision No. 2154-S
(Corrections); State of California (Department of Forestry & Fire Protection) (2011) PERB
Decision No. 2162-S.) The rationale for this approach is that retired annuitants, as a classof
3 HEERA is codified at section 3560 et seq.
4 The Dills Act is codified at section 3 512 et seq.
5

employees, were not considered when PERB made its initial unit determinations under
HEERA and the Dills Act, and therefore they cannot be presumptively included in any
established bargaining units, even where they are assigned work historically performed within
a particular bargaining unit. (Lawrence Livermore
II,
supra, at pp. 3-4; Corrections, supra, at
p. 9.)
There is obviously some tension between these HEERA and Dills Act cases and
Premcor, supra, 333 NLRB 1365 since the latter approach does not concern itself with whether
a particular classification
of
employees was considered, or even existed, when the bargaining
unit was established. Rather, Premcor only asks whether the duties
of
employees in a newly
established classification were historically performed by employees in a particular bargaining
unit. However, we do not attempt here to reconcile this tension.
In fact, we decline IAM's invitation to consider whether the Premcor presumption is
appropriate to the present MMBA context because, by its own terms, Premcor is inapposite to the
facts
of
this case. It is true that the Equipment Mechanic Ills and other employees in the
automotive unit have historically performed some clerical and customer service duties now
assigned to the Fleet Service Coordinators. However, it is also true that other employees, outside
the automotive unit, have also performed those duties. Although not itself dispositive, at least
some
of
these duties were performed by an employee in the general supervisory bargaining unit
represented by Local 39. While it is thus undisputed that the Equipment Mechanic Ills and other
employees in the automotive unit have historically performed some
of
the duties
of
the new
classification, the automotive unit is not the only bargaining unit in which those duties have,
historically, been performed.
There are also legitimate questions about the appropriateness of Equipment Mechanic Ills
with specialized training in automotive maintenance and repair, performing the clerical and
6

customer service duties now assigned to the Fleet Service Coordinator position. There was
undisputed testimony that the customer service duties of the Fleet Service Coordinator
position, while obviously somewhat department-specific, are nonetheless similar to, or even
interchangeable with, the clerical and customer service duties performed by other employees in
Local 39's jurisdiction, above all, the customer service representatives and police records
specialists. There was also undisputed evidence that the City's purpose in creating the new
position was to "free up" the Equipment Mechanics from performing clerical work, so that they
may spend more time on other duties that are more consistent with their training, skills and
compensation. Even with the additional pay for the Fleet Service Coordinator position
negotiated by Local 39, the compensation of the position remains comparable to that of other
clerical and customer service positions represented by Local 39, but significantly lower than
even the lowest-paid Equipment Mechanic III. 	The fact that the City now wishes to divest its
Equipment Mechanic Ills of these duties is fairly good evidence that they were ancillary or
"merely incidental" to their primary duties of diagnosing, repairing and maintaining the City's
automotive fleet.
In sum, the Premcor, supra, 333 NLRB 1365 analysis, as developed by the NLRB, does
not apply here because the clerical and customer service duties at issue were never part of the
essential functions of the Equipment Mechanic Ills. We therefore reserve for another day
consideration of the appropriateness of Premcor for unit modification petitions arising under the
statutes administered by PERB.
We affirm the Hearing Officer's conclusion and proposed order that the clerical-customer
service bargaining unit represented by Local 39, and not the automotive unit represented by
IAM, is the appropriate unit for the Fleet Service Coordinator classification.
7

ORDER
The City of Sacramento's Fleet Service Coordinator classification is hereby assigned to,
and, absent a showing of changed circumstances, shall remain part of bargaining unit 16, the
clerical-customer service bargaining unit currently represented by Stationary Engineers Local 39.
Members Huguenin and Winslow joined in this Decision.
8

STATE OF CALIFORNIA
PUBLIC EMPLOYMENT RELATIONS BOARD
CITY OF SACRAMENTO,
Employer,
INTERNATIONAL ASSOCIATION OF
MACHINISTS & AEROSPACE WORKERS,
Petitioner,
and
STATIONARY ENGINEERS LOCAL 39,
Real Party in Interest.
REPRESENTATION
CASE NO. SA-UM-795-M
PROPOSED DECISION
(8/28/2013)
Appearances: Siegel, LeWitter & Malkani by Jonathan Siegel for International Association of
Machinists & Aerospace Workers; Carroll, Burdick & McDonough by Jason H. Jasmine for
Stationary Engineers, Local 39; Sheri Chapman for City of Sacramento.
Before Katharine Nyman, Hearing Officer.
PROCEDURAL HISTORY
The International Association of Machinists & Aerospace Workers (Machinists) is the
exclusive representative of bargaining unit 12, commonly referred to as the automotive
bargaining unit, at the City of Sacramento (City). 	On March 30, 2010, the Machinists filed a
Petition for Unit Modification with the Public Employment Relations Board (PERB or Board).
The Machinists' petition seeks to include the classification of Fleet Service Coordinator in the
automotive bargaining unit.
The City filed its response on May 13, 2010, requesting that PERB determine the
appropriate placement of the Fleet Service Coordinator classification.
On June 3, 2010, this matter was placed in abeyance and on July 27, 2011 taken outof
abeyance. PERB conducted a settlement conference on September 8, 2011, but the parties
were unable to resolve the matter. 	On December 16, 2011, Stationary Engineers, Local 39

(Local 39) filed a motion to join and sought to include the classification of Fleet Service
Coordinator in the City's bargaining unit 16, commonly referred to as the clerical-customer
service related unit. 	Local 39 is the exclusive representative of the clerical-customer service
related unit. Local 39's motion to join was granted and on December 19, 2011, PERB
conducted a formal hearing. 	At the hearing, all sides were given the opportunity to present
evidence and cross-examine witnesses. The Machinists and Local 39 filed simultaneous post
hearing briefs on February 21, 2012.
FINDINGS OF FACT
In April 2009, the City's Department of General Services began discussions to contract
with NAPA Auto Parts (NAPA) to provide automotive parts to the City's Fleet Division.
Prior to the City entering into a contract with NAP A, the City maintained its own
automotive parts inventory. The Storekeeper classification, which was represented by Local
39, was responsible for overseeing the City's automotive parts inventory.
After the City entered into its contract with NAP A, NAP A took over the responsibility
of stocking and obtaining automotive parts, as well as supplying NAP A employees to work the
parts counters and supplying parts to mechanics. As a result of the NAP A contract, the
Storekeeper classification was no longer needed within the City's Fleet Division.
The City initially met with Local 39 to discuss the contracting out of the Storekeeper
duties. As a result of concerns expressed by Local 39, the City created the new classification
of Fleet Service Coordinator in February 2011.
Storekeeper Classification
The primary job duties of the Storekeeper classification were ordering parts for
maintaining vehicles within the City fleet, stocking parts, issuing parts to vehicles, maintaining
inventory, and receiving and processing invoices. The experience and education required for
the Storekeeper position was two years of experience performing storekeeping and inventory
2

work and a high school diploma or its equivalent. 	Storekeepers were required to have
knowledge of storekeeping and inventory control methods and procedures; operation and
maintenance of stockroom equipment; California vehicle codes; standard arithmetic; the basic
operation of computers including standard word processing and spreadsheet software; and
basic principles and practices of customer service. 	Storekeepers were paid at a salary range of
$34,393.38 - $48,394.94 annually and worked in one of the approximately ten automotive
repair and maintenance facilities within the City.
Fleet Service Coordinator Classification
The primary goal of the Fleet Service Coordinator was to take away the clerical work
currently being performed by the Machinists' represented Equipment Mechanic Ills, and to a
lesser extent, other equipment mechanics.
As created, individuals employed in the Fleet Service Coordinator classification work
alongside members of the Machinists' automotive bargaining unit in the City's automotive
repair and maintenance facilities. 	According to testimony, the Fleet Service Coordinator also
occasionally shares office space with Equipment Mechanic Ills. The primary duties of the
Fleet Service Coordinator are to receive and write up work order requests from customers, and
issue routine work orders to equipment mechanics. 	Customers of the City's Fleet Division are
typically other employees represented by Local 39. The Fleet Service Coordinator also
completes other customer service tasks, including answering phones, creating work orders,
reviewing and closing work orders, and dealing with walk-in customers. The experience and
education required for the Fleet Service Coordinator position is two years of experience
perfonning general clerical duties in an automotive repair facility and a high school diploma or
its equivalent. Fleet Service Coordinators are required to have basic automotive and shop
safety knowledge. 	Although having mechanical knowledge is useful, Fleet Service
Coordinators are not required to do any actual automotive work on City vehicles or "turn
3

wrenches." In addition, they must have knowledge of English usage, spelling, grammar and
punctuation; proper public and telephone contact practices; modern office practices,
procedures and equipment; and standard arithmetic. Fleet Service Coordinators are paid at a
salary range of $36,113.02 - $50,814.65 annually. 	Lastly, according to testimony, Fleet
Service Coordinators typically report to higher-level mechanics and most frequently, the
Equipment Mechanic III. They also report, through the Equipment Mechanic III, to the City
Operations Manager, though specific practices vary between the different City shops.
Equipment Mechanic III Classification
Prior to the introduction of the Fleet Service Coordinator, Equipment Mechanic Ills
typically interacted with customers who came in with a vehicular problem or request and
determined what the problem appeared to be. The Equipment Mechanic III typically would
then work with the customer to develop a plan to fix the problem and ensure that the parts
needed to fix the automobile were available, and stayed in touch with the customer regarding
the repair. The Equipment Mechanic III also completed skilled mechanical work on
equipment. 	Some of these tasks are occasionally still done by the Equipment Mechanic Ills
depending on staffing and workload levels. When the City employed an Equipment Mechanic
Supervisor, a Local 39-represented classification, the person occupying that position also
participated in completing the administrative tasks.
The required experience for Equipment Mechanic Ills is five years of experience in
general maintenance, servicing, and repair of vehicles and equipment, including two years of
experience on heavy duty gasoline and diesel driven equipment. The required qualifications
for Equipment Mechanic Ills include knowledge of operating principles of gasoline, diesel, and
alternative fueled engines, light and heavy duty vehicles and mechanical equipment, electronic
control systems typically found on modern automotive equipment, and methods, materials,
tools and techniques used in the repair and maintenance of a variety of municipal equipment.
4

Equipment Mechanic Ills must also have the ability to locate, correct and adjust defects in light
and heavy duty vehicular and mechanical equipment, adapt available tools and repair parts to
specific repair problems, competently and safely operate and care for tools used in vehicle and
mechanical equipment repair work, and supervise, evaluate, lead and train others in the
equipment maintenance field. 	Equipment Mechanics III are paid at a salary range
of
$49,200.72 - $69,230.04 annually.
Five Storekeepers previously represented by Local 39 were ultimately transferred into
the Fleet Service Coordinator classification. 	At the time
of
the move, no new training was
required or provided to the Storekeepers. During discussions with the City, Local 39 was
originally told there would be no salary increase because the Fleet Service Coordinator would
be doing similar work to the existing Local 39 classification
of
Customer Service
Representative. However, the City ultimately ended up giving the Fleet Service Coordinator
classification a five percent wage increase in exchange for Local 39 agreeing to drop its
opposition to the NAP A contract.
Customer Service Specialist Classification
The primary job duties
of
the Customer Service Specialist classification (represented by
Local 39) include a variety
of
duties such as typing, billing, checking, filing, and record
keeping. 	Customer Service Specialists also receive and respond to customer inquiries, utilize
various systems to locate information, receive payments, process mail, and perform other
administrative tasks. 	The experience and education required for the Customer Service
Specialist position is two years
of
increasing responsible experience performing a wide variety
of
general clerical, reception, public contact, and public service work, providing information
and/or directing requests over the telephone and at a public counter and a high school diploma
or its equivalent. 	Customer Service Specialists are required to have knowledge of the English
language, basic bookkeeping and record keeping methods, City codes and ordinances, modern
5

office methods, and procedures for billing purposes. 	They are paid at a salary range
of
$34,350.08 - $48,334.17 annually.
Police Records Specialist Classification
The primary job duties
of
the Police Records Specialist classification (represented
by
Local 39) include transcribing electronic police reports, compiling local criminal histories,
entering in missing persons or stolen property infom1ation into databases, assisting citizens,
responding to calls from police officers, and preparing reports for the District Attorney and the
Police Department. 	The experience and education required for the Police Records Specialist
position is six months
of
public contact experience involving both in-person and telephonic
contacts, using computer systems and office-related software programs, and one year
of
experience performing police-related duties including crime report writing, entry and query
into statewide law enforcement databases, utilizing automated records and management
systems. Police Records Specialists are required to have knowledge
of
the English language,
basic arithmetic, modern office practices, procedures and terminology, computers and office
related software programs, record keeping practices and procedures, police tem1inology,
crimes and classification codes. They are also required to operate a variety
of
office machines
and equipment, communicate effectively and deal tactfully with other City personnel. 	Police
Records Specialist are paid at a salary range
of
$37,931.46 - $53,373.34 annually.
ISSUE
What bargaining unit is appropriate for the Fleet Services Coordinator classification?
CONCLUSIONS OF LAW
The Meyers-Milias-Brown Act1 (MMBA) vests PERB with the authority to make unit
determinations in those cases where there is a dispute concerning the appropriateness
of
a
1 The MMBA is codified at Government Code section 3500 et seq. Unless otherwise
noted, all statutory references are to the Government Code.
6

proposed bargaining unit and where the local public agency has not adopted local rules
concerning unit determination. (§§ 3507.1, subd. (1), 3509, subd. (a), and 3541.3, subd. (a).)
The essential predicate for effective operation of the MMBA is the unit into which public
employees are organized and represented by an employee organization. (lnternat. Fed. of
Prof & Tech. Engineers v. City and County of San Francisco (2000) 79 Cal.App.4th 1300,
1306 (San Francisco).) In unit determinations under the MMBA, the question is whether the
petitioned-for unit is "an appropriate unit," not whether it is "the ultimate unit or the most
appropriate unit." (See Alameda County Assistant Public Defenders Assn. v. County of
Alameda (1973) 33 Cal.App.3d 825, 830, italics original [County of Alameda]; §§ 3507, subd.
(a)(4), 3507.1.)
I. 	Burden/Presumptions
According to Local 39, the proper standard for determining the appropriateness of a
proposed bargaining unit derives from prior Board precedent. In Sweetwater Union High
School District (1976) EERB2 Decision No. 4, the Board developed the concept of
presumptively appropriate bargaining units. Under subsequent precedent, the Board
established that when a petition is filed to modify an existing unit, the burden is on the
petitioner to show that the requested unit is more appropriate. (State of California (2011)
PERB Decision No. 2214-S; Temple City Unified School District (1995) PERB Decision
No. 1110; and San Juan Un(fied School District (1995) PERB Decision No. 1082.) Local 39
argues that the Machinists have not been able to overcome the rebuttable presumption that the
existing unit is the appropriate one.
However, Local 39's position assumes that the Fleet Service Coordinator classification
was properly placed in the Local 39 bargaining unit prior to the Machinists' filing its unit
2 Prior to January 1, 1978, PERB was known as the Educational Employment Relations
Board or EERB.
7

modification petition. 	According to the record, the Machinists filed their unit modification
petition prior to the City's civil service board's approval of the Fleet Service Coordinator
position in February 2011. While it appears that the City engaged in some discussion with
Local 39 regarding the Fleet Service Coordinator classification, no evidence was presented that
the City actually placed the position within the Local 39 bargaining unit. 	Moreover, the City
requested that PERB determine the proper placement of the Fleet Service Coordinator
classification, since the City has no local rules concerning unit determinations.
In addition, the Machinists argue that the automotive bargaining unit is the only
appropriate unit for the Fleet Service Coordinator classification pursuant to existing precedent
under the National Labor Relations Board (NLRB). 	Since the Fleet Service Coordinators are
perfonning the same work that the Equipment Mechanic Ills have historically been
perforn1ing, the new classification is properly viewed as presumptively part of the existing
automotive unit. 	(See Premcor, Inc. (2001) 333 NLRB 1365.)3 However, while much of the
administrative work currently being performed by the Fleet Service Coordinators had
previously been performed by Equipment Mechanic Ills, it was not exclusive to the Equipment
Mechanic III classification. According to testimony, some of the administrative work had also
historically been performed by the Equipment Mechanic Supervisor classification, a position
previously represented by Local 39.
Therefore, it appears most appropriate to determine the proper bargaining unit for the
Fleet Service Coordinator classification by analyzing the unit determination criteria discussed
below.
3 When interpreting the MMBA, it is appropriate to take guidance from cases
interpreting the National Labor Relations Act and California labor relations statutes with
parallel provisions. (Fire Fighters Union v. City of Vallejo (1974) 12 Cal.3d 608.)
8

II. 	Unit Determination Criteria
Unlike the other collective bargaining statutes PERB enforces, such as the Educational
Employment Relations Act (EERA)4 and the Ralph C. Dills Act (Dills Act),5 the MMBA does
not specify the criteria to be used when making unit determinations in cases of a dispute. 	(See
§§ 3521 et seq., 3545.) In detem1ining whether a proposed bargaining unit is an appropriate
unit under the MMBA, courts have considered criteria similar to those contained in other
collective bargaining statutes, including but not limited to the community of interest among the
employees at issue. (Reinbold v. City of Santa Monica (1976) 63 Cal.App.3d 433, 440.)
In determining whether a community of interest exists among employees within a unit,
both the courts and the Board analyze a variety of factors. 	These factors include job function
and duties, wages, method of compensation, hours, employment benefits, supervision,
qualifications, training and skills, contact/interchange with other employees, integration of
work functions, and common goals. (San Francisco, supra, 79 Cal.App.4th at p. 1306, citing
County of Alameda, supra, 33 Cal.App.3d at pp. 830-832; San Diego Community College
District (2001) PERB Decision No. 1445 [San Diego CCD]; Redondo Beach City School
District (1980) PERB Decision No. 114; Monterey Peninsula Community College District
(1978) PERB Decision No. 76 [Monterey Peninsula CCD].)6 In City of Glendale (2007) PERB
Decision No. Ad-361-M [GlendaleJ: the Board affirmed that these factors are consistent with
the purposes of the MMBA and existing legal precedent. Indeed, the criteria identified in those
cases are substantially similar to the criteria used by PERB when making unit determinations
4 EERA is codified at section 3540 et seq.
5 The Dills Act is codified at section 3 512 et seq.
6 Similar criteria have been applied to representation petitions filed with PERB under
the Dills Act and the Higher Educational Employer-Employee Relations Act. (§§ 3521, 3579;
State of Cal(fornia (2011) PERB Decision No. 2178-S; Regents of the University of Cal(fornia
(2010) PERB Decision No. 2107-H [petition to modify the employer's residual healthcare
professional unit].)
9

under other collective bargaining statutes. (See, e.g., § 3545(a); Elk Grove Un(fied School
District (2004) PERB Decision No. 1688.) These factors are applied here to determine which
proposed unit is the more appropriate one.
In analyzing these factors, the Board has rejected a checklist approach in favor of
examining the "totality of circumstances." (San Diego CCD, supra, PERB Decision No.
1445.) "The point in comparing factors is to reveal the interests of employees and ascertain
whether they share substantial mutual interests in matters subject to meeting and negotiating."
(Monterey Peninsula CCD, supra, PERB Decision No. 76.)
Community of Interest
1. 	Work Location and Interaction with Other City Employees
The Machinists assert that the Fleet Service Coordinators share their work locations
almost exclusively with City employees who are members of the automotive bargaining unit
and work regularly alongside members of the automotive unit in the same facilities and that
these similarities weigh in favor of finding a community of interest between the Fleet Service
Coordinators and the other classifications in the automotive bargaining unit.
However, Local 39 asserts that there is also relevant interaction between the Fleet
Service Coordinators and other City-employed personnel, since Fleet Service Coordinators
interact on a regular basis with the customers, most of whom are in the Local 39 bargaining
unit.
As stated above, work location and interchange with other employees are factors
considered when determining community of interest. (Los Angeles Unified School District
(1998) PERB Decision No. 1267; San Diego CCD, supra, PERB Decision No. 1445.) Here,
the Fleet Service Coordinator interacts with many employees within the City, including those
within the respective bargaining units represented by the Machinists and Local 39. However,
the Fleet Service Coordinator works in a much more intimate and inter-related capacity with

the other members of the automotive bargaining unit. 	The Fleet Service Coordinator works
daily alongside members of the Machinists' bargaining unit in the City's automotive repair and
maintenance facilities. 	And, occasionally, the Fleet Service Coordinator shares office space
with the Equipment Mechanic Ills. Weighing only work location and interaction among other
City employees, the evidence weighs in favor of finding a greater community of interest
between the Fleet Service Coordinators and the automotive unit.
2. 	Supervision
The Machinists also assert that the City's supervisory channels require that the Fleet
Service Coordinator classification be placed in the automotive bargaining unit. A common line
of supervision is a factor when determining community of interest. (San Joaquin County
Office of Education (2004) PERB Decision No. 1627.)
According to the job description for the Fleet Service Coordinators, "[g]eneral
supervision is provided by higher level equipment mechanic personnel." In practice, Fleet
Service Coordinators and automotive bargaining unit members share common supervision.
Some Fleet Service Coordinators report directly to the on-site Equipment Mechanic III. 	Other
Fleet Service Coordinators report through the Equipment Mechanic III to the Operations
Manager pursuant to the identified line of command. Likewise, Equipment Mechanics report
to the same Operations Manager. 	Such a common line of supervision weighs in favor of
finding a community of interest between the Fleet Service Coordinator and the automotive
bargaining unit.
3. 	Interchange of Job Functions and Job Duties
The Machinists further assert that the Fleet Services Coordinator and the Equipment
Mechanics have a significant interchange among their respective job duties. 	Interchange of job
duties is another factor considered when determining community of interest. (San Francisco,
supra, 79 Cal.App.4th 1300.) However, there is no evidence of any true interchange of job
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duties between the Fleet Service Coordinator and the Equipment Mechanic III.
While the Fleet Service Coordinator took over much of the clerical work previously
done by the Equipment Mechanic III, and while the Equipment Mechanic III continues to
engage in some similar work, there is no true interchange of job duties in that the Fleet Service
Coordinator cannot perform the work of an Equipment Mechanic III.
The actual job duties of the Fleet Service Coordinator are significantly different from
employees in the automotive bargaining unit. The work of a Fleet Service Coordinator is
solely customer service related. While having knowledge of automotive repair is helpful in
performing requisite job duties, the Fleet Service Coordinator does not "get under the hood and
turn wrenches" like all other members of the automotive bargaining unit. 	Such dissimilar job
duties is likewise a significant factor in determining whether a community of interest exists.
(San Diego CCD, supra, PERB Decision No. 1445.) As a result, no City employee can
transfer from the Fleet Service Coordinator classification to any other Machinist-represented
classification.
The Fleet Service Coordinator does, however, share significantly similar job duties with
other classifications within the clerical-customer service related bargaining unit. 	Similar
customer service duties are performed by both the Customer Service Representative and Police
Records Specialist II classifications. The main unifying factor among these job classifications
is that they all provide significant customer service and perform similar administrative-typejob
duties. Therefore, the evidence presented involving the interchange of job functions and job
duties weighs in favor of finding a greater community of interest between the Fleet Service
Coordinators and the classifications within the clerical-customer service related bargaining
unit.
4. 	Qualifications, Training and Skills
The extent to which employees share education and other special qualifications,
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training, and skills is likewise essential when determining community of interest. (Los Angeles
Unified School District, supra, PERB Decision No. 1267; San Diego CCD, supra, PERB
Decision No. 1445.)
Equipment Mechanics are required to possess or obtain special training certificates to
repair automobiles, however a Fleet Service Coordinator is not required to obtain such similar
training. While other classifications in the automotive unit such as the Vehicle Service
Attendants and Service Workers do not require high level mechanical knowledge, both
classifications require some knowledge of automotive repair and experience "turning
wrenches" to be hired into the job.
The position of Fleet Service Coordinator requires only the knowledge of, among other
things, basic automotive and heavy equipment parts, shop related safety principles and
practices, proper English usage and grammar, basic office practices, computer knowledge and
mathematics. 	The education and skill required for a Fleet Service Coordinator is two years of
work experience performing general clerical duties in an automotive shop and a high school
diploma or G.E.D. equivalent.
Likewise, the Local 39-represented Customer Service Representative and Police
Records Specialist II classifications require similar qualifications, training and skills. 	Both
classifications require knowledge of the English language, basic office practices and computer
knowledge, customer service experience, and a high school degree or equivalent. Neither
classification requires any special certification, training or education. As such, the similarity in
qualifications, training and skills required between the Fleet Service Coordinator and the other
classifications represented by Local 39 weighs in favor of finding a greater community of
interest between the Fleet Service Coordinators and the classifications within the clerical
customer service related bargaining unit.
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5. 	Wages and Benefits
Lastly, methods of wages or pay schedule and benefits are used to determine
community of interest. (Los Angeles Un(fied School District (1976) EERB Decision No. 5.)
Benefits among the different classifications are substantively identical based on the fact that
the majority of City employees share a similar benefit structure and are therefore not
determinative in establishing a community of interest. From the evidence presented, the Fleet
Service Coordinator pay scale most closely resembles other classifications within the clerical
customer service related bargaining unit. 	The Equipment Mechanic III, which the Machinists
argue is most similar to the Fleet Service Coordinator, is paid between $49,200.72 and
$69,230.04 annually, whereas the Fleet Service Coordinator is paid between $36,113.02 and
$50,814.65. 	Similar to the Fleet Service Coordinator, the Customer Service Specialist is paid
between $38,834.02 and $54,643.31 annually, and the Public Records Specialist II is paid
between $37,931.46 and $53,373.34 annually. 	The pay scale of the Fleet Service Coordinator
most closely mirrors that of the two customer service type positions within the clerical
customer service related bargaining unit. Therefore, the similarity in pay schedules between
the Fleet Service Coordinator and the other classifications represented by Local 39 weighs in
favor of finding a greater community of between the Fleet Service Coordinators and the
classifications with Local 39's clerical-customer service related bargaining unit.
Upon review of the evidence in this case, it is determined that the Fleet Services
Coordinator shares substantial mutual interests in matters subject to meeting and negotiating
with the employees in the clerical-customer service related bargaining unit represented by
Local 39.
PROPOSED ORDER
For the reasons discussed above, and based on the entire record in this proceeding, I
hold that the Fleet Service Coordinator classification shall be included in the clerical-customer
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service related bargaining unit represented by Stationary Engineers, Local 39.
RIGHT OF APPEAL
Pursuant to California Code of Regulations, title 8, section 32305, this Proposed
Decision and Order shall become final unless a party files a statement of exceptions with the Public
Employment Relations Board (PERB or Board) itself within 20 days of service of this Decision. The
Board's address is:
Public Employment Relations Board
Attention: Appeals Assistant
1031 18th Street
Sacramento, CA 95811-4124
(916) 322-8231
FAX: (916) 327-7960
E-FILE: PERBe-file.Appeals@perb.ca.gov
In accordance with PERB regulations, the statement of exceptions should identify by page
citation or exhibit number the portions of the record, if any, relied upon for such exceptions. (Cal.
Code Regs., tit. 8, § 32300.)
A document is considered "filed" when actually received during a regular PERB business
day. (Cal. Code Regs., tit. 8, §§ 32135, subd. (a) and 32130; see also Gov. Code,§ 11020, subd. (a).)
A document is also considered "filed" when received by facsimile transmission before the close of
business together with a Facsimile Transmission Cover Sheet or received by electronic mail before
the close of business, which meets the requirements of PERB Regulation 32135(d), provided the
filing party also places the original, together with the required number of copies and proof of service,
in the U.S. mail. (Cal. Code Regs., tit. 8, § 32135, subds. (b), (c) and (d); see also Cal. Code Regs.,
tit. 8, §§ 32090, 32091 and 32130.)
Any statement of exceptions and supp01iing brief must be served concurrently with its
filing upon each party to this proceeding. Proof of service shall accompany each copy served on a
party or filed with the Board itself. (See Cal. Code Regs., tit. 8, §§ 32300, 32305, 32140, and
32135, subd. (c).)
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