3545

GOVERNMENT CODE
SECTION 3545




3545.  (a) In each case where the appropriateness of the unit is an
issue, the board shall decide the question on the basis of the
community of interest between and among the employees and their
established practices including, among other things, the extent to
which such employees belong to the same employee organization, and
the effect of the size of the unit on the efficient operation of the
school district.
   (b) In all cases:
   (1) A negotiating unit that includes classroom teachers shall not
be appropriate unless it at least includes all of the classroom
teachers employed by the public school employer, except management
employees, supervisory employees, and confidential employees.
   (2) Except as provided in subdivision (c), a negotiating unit of
supervisory employees shall not be appropriate unless it includes all
supervisory employees employed by the district and shall not be
represented by the same employee organization as employees whom the
supervisory employees supervise.
   (3) Classified employees and certificated employees shall not be
included in the same negotiating unit.
   (c) In the case of a district which employs 20 or more supervisory
peace officer employees, a negotiating unit of supervisory employees
shall be appropriate if it includes any of the following:
   (1) All supervisory nonpeace officer employees employed by the
district and all supervisory peace officer employees employed by the
district.
   (2) All supervisory nonpeace officer employees employed by the
district, exclusively.
   (3) All supervisory peace officer employees employed by the
district, exclusively.
   A negotiating unit of supervisory employees shall not be
represented by the same employee organization as employees whom the
supervisory employees supervise.