REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200) – Supervisors

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Lead custodians are supervisors because they effectively recommend the hire, promotion and discipline of employees, independently direct work and alter work assignments; pp. 8-9. Recognizing that in the public sector final decisions re: hiring, discipline, etc., are traditionally reserved to persons far removed from the employee's immediate supervision, the Board will give great weight to the ability to indirectly but effectively effectuate changes in employment status-- this is why EERA sec. 3540.1(m) speaks of authority to effectively recommend; p. 9. Board will rely upon exercise of supervisorial functions, not ratios of supervisors to (rank and file) employees, in determining who is a supervisor; p. 10.