In two significant decisions issued weeks apart, the Public Employment Relations Board has provided clear and consequential guidance on the proper use of severance petitions under the Meyers-Milias-Brown Act and the Educational Employment Relations Act. In Fresno Unified School District (PERB Dec. No. Ad-531, July 28, 2025) and City and County of San Francisco (PERB Dec. No. Ad-532-M, August 27, 2025), PERB reaffirmed longstanding principles governing severance while rejecting attempts to use the procedure as a vehicle for transferring classifications from one existing bargaining unit into another. The decisions underscore the Board’s commitment to preserving bargaining-unit stability and enforcing the contract-bar doctrine and window-period requirements with precision.
In Fresno Unified, the International Association of Machinists and Aerospace Workers initially petitioned to sever the Roofers and Lead Roofers classifications from a larger building-trades unit represented by the Fresno Teachers Association. After the initial petition was deemed timely, the petitioner filed an amended petition seeking instead to place those classifications directly into an existing IAMAW-represented unit.
In San Francisco, the San Francisco Deputy Sheriffs’ Association filed a severance petition seeking to remove Medical Examiner’s Investigators and Institutional Police Officers from Service Employees International Union Local 1021 units and place them into the DSA’s existing bargaining unit. When the Office of the General Counsel questioned the propriety of that approach, the DSA filed an amended petition proposing a new standalone unit consisting solely of the affected classifications. In both matters, the incumbent unions opposed the petitions, and PERB ultimately ruled against the petitioners’ attempts to achieve through amendment what the regulations do not permit.
The Board’s reasoning in each decision rests on the plain language and historical purpose of the severance regulations. Under PERB Regulation 33700 (applicable to EERA cases such as Fresno) and the parallel provisions governing MMBA cases, a severance petition is designed to create a new, standalone bargaining unit consisting exclusively of the employees being severed from a larger existing unit. The regulations do not authorize the transfer of employees or classifications from one represented unit into a different, already-established unit. PERB emphasized that the phrase “consisting of” in the regulatory text operates as a term of limitation, not an invitation to add employees to an unrelated unit. This interpretation aligns with decades of precedent distinguishing severance from unit-modification procedures and with the fundamental goal of the contract-bar doctrine: promoting stability in established bargaining relationships.
Equally important is the Board’s treatment of amendments filed outside the statutory window period. Both decisions confirm that a severance petition—or any amendment to such a petition—must be filed during the defined window period (the 29-day period beginning 120 days and ending 91 days before the expiration of the governing memorandum of understanding) whenever a memorandum of understanding is in effect. Material changes to the petition, such as shifting from an attempt to join an existing unit to the creation of a new standalone unit, cannot be treated as mere technical corrections. The Board rejected arguments that more general amendment provisions applicable to certification petitions override the specific timing restrictions imposed on severance petitions. In the San Francisco case, PERB expressly held that the more specific regulation governing severance controls. In Fresno Unified, the Board similarly concluded that the attempted amendment fundamentally altered the nature of the petition and therefore could not cure the original defect.
For California public safety unions, these rulings carry immediate and strategic significance. Deputy sheriffs’ associations, police officers’ organizations, and other safety-employee representatives frequently confront situations in which specialized classifications—such as institutional police, medical examiner investigators, or other public-safety-adjacent roles—may appear better suited to a dedicated safety-focused unit. The decisions make clear that severance is not a shortcut for reassigning such classifications to an existing unit. Instead, any effort to sever must be framed from the outset as the creation of a new, independent bargaining unit consisting solely of the employees being carved out. Unions contemplating such action must therefore conduct a thorough community-of-interest analysis demonstrating that the severed group shares distinct interests that cannot be adequately addressed within the larger unit. They must also time the filing precisely within the applicable window period and ensure that any subsequent amendments do not introduce material changes that would render the petition untimely.
The rulings also serve as a cautionary reminder about the perils of attempting to cure procedural defects through late amendments. Public unions should treat the window period as inviolate and should file only those severance petitions that are fully formed and compliant at the time of submission. Where an initial petition contains a fatal flaw, such as an improper request to transfer employees into an existing unit, the proper course is not to amend but to allow the defective petition to be dismissed and to refile a new, compliant petition when the next window period opens. This disciplined approach preserves credibility with PERB and avoids the risk of prolonged litigation over timeliness and procedural compliance.
Notwithstanding the procedural hurdles, these decisions do not foreclose legitimate severance efforts. The Board in Fresno Unified expressly remanded the matter for processing of the original petition, which had properly sought creation of a new standalone unit. Public safety unions may therefore continue to pursue severance where the facts support a distinct community of interest and where the procedural requirements are strictly observed. In appropriate cases, such petitions can strengthen representation for specialized safety classifications and enhance the ability of unions to address the unique concerns of their members.
Taken together, Fresno Unified and San Francisco reinforce PERB’s commitment to orderly representation processes and stable collective-bargaining relationships. Public unions would be well advised to review pending or contemplated severance initiatives in light of these holdings. By filing only fully compliant petitions within the prescribed window periods and by framing severance requests as the creation of new, standalone units, unions can protect their procedural rights and advance the interests of their members without inviting dismissal or protracted appeals. The decisions underscore the continuing importance of meticulous preparation and strategic timing in representation matters affecting California’s public safety workforce.
