PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309) – Managerial and Confidential

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Principals' secretaries (and secretary to director of continuation school) both have access to and possess confidential information, in the regular course of their duties, such that designation as confidential is justified; p. 4. "Employer-employee relations," as used in sec. 3540.1(c), includes, at minimum, negotiations and processing of grievances; pp. 3-4. Mere access to or possession of confidential information is insufficient--employee must function as such in regular course of duties, which means that "more than a 'fraction' of time must be spent in confidential matters"; p. 4. The employee must have such access to or possession of confidential information that the employer's ability to negotiate from an equal posture might be jeopardized . . . if the information was prematurely made public; p. 4. Total of 14 confidential employees (4.5%) does not violate "small nucleus" principle; p. 5. made public; p. 4. Total of 14 confidential employees (4.5%) does not violate "small nucleus" principle; p. 5.