The union filed a modification petition to include buildings and grounds employees in an
existing bargaining unit.  The city objected contending that the proposed modification was
materially different from the bargaining unit description contained in the recognition clause
and that there was no community of interest between the buildings and grounds employees
and the rest of the unit.  The city also claimed that the modification petition was barred by
Pub 302.05, that the union was required to meet the 30% interest requirement per Pub 301.01,
and that election procedures associated with the formation of a new bargaining unit must be
followed.

The PELRB held that the rules did not require a showing of interest through signature cards
or at the ballot box in order to modify an existing bargaining unit.  The PELRB found that the
city's arguments regarding the election and change in circumstances requirements were
without merit and unsupported by law or evidence.  Finally, the PELRB found that the union
introduced sufficient evidence to satisfy the community of interest requirement, including the
evidence of overall direction, common uniforms, similar workplace rules, common purpose
and unity, and common activities which reflected a self-felt community of interest.  The
PELRB granted the modification petition.

Disclaimer: This summary is intended to provide a brief description of the issues in this case
and the outcome.  The summary is not a substitute for the decision, should not be relied
upon in place of the decision, and should not be cited as controlling or relevant
authority in PELRB proceedings or other proceedings.