Petitioning for a separate negotiating unit

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Petitioning for a separate negotiating unit
Civil Service Employees Association, Inc., Local 1000, and Baldwin Union FreeSchool District, PERB Decision C-5690

CSEA filed a petition seeking to represent Security Aides in a separate unit.The District opposed the petition.
PERB’sAdministrative Law Judge found that the Security Aides were most appropriatelyadded to the existing School Monitors and Health Aides unit represented byCSEA. A community of interest was found to exist based upon a similarity inmission, skill level and working conditions. The ALJ rejected CSEA's argumentthat a conflict of interest was created by CSEA's initiation of litigation thatchallenged the District's assignment of certain duties to Security Aidesinstead of School Monitors.

Alsorejected was CSEA's argument that a conflict existed because the Security Aidesperform a security function. The ALJ noted that the Security Aides are notcharged with the primary duty of investigating or reporting the job relatedmisconduct of District employees, but to protect students and Districtemployees from outside intruders. The ALJ placed the position in the existingunit pursuant to New York Convention Center Operating Corp, 27 PERB 3034(1994), since there was no contractual bar to the placement and adding the positioneffectuated a de minimus change to the unit.