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

Single Topic for Decision 0351H

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Board applies disjunctive interpretation of 3580.3 and will find supervisory status where shown employee meets one of specified criteria for exclusion and does no rank and file work. Party seeking exclusion must demonstrate specific task is regularly performed and not a sporadic or a typical exercise of duties. Further, must also be shown that party exercises independent judgment rather than routine or clerical decision-making. Supervisory authority will not be found where the actual authority is limited to a choice between two or more tightly directed and narrowly defined procedures. Independent judgment is indicated where the performance of duties includes the opportunity to make a clear choice between two or more significant alternative courses of action and the power to make that choice is without broad review and approval. significant alternative courses of action and the power to make that choice is without broad review and approval. judgment is precluded. Alleged supervisorial task must be exercised in the interest of the employer. Evidence limited to a demonstration of control over work processes does not support an exclusion. Where the guidance of other employees is derived from greater experience, technical expertise and knowledge of the employer's mission and tasks, such employees may appropriately be included in the unit. Section 3580.3 specifically directs that employees whose duties are substantially similar to those of their sbubordinates shall not be considered supervisory employees. As used in the statute, "substantially similar," requires exclusion when the employees' duties reach that point where the supervisory obligation to the employer outweights the entitlement to the rights when the employees' duties reach that point where the supervisory obligation to the employer outweights the entitlement to the rights enumerated supervisory functions to a degree sufficient to exclude them. No independent hiring authority. Assignment of tasks resemble routine or clerical decision making rather than clear choices between two or more significant alternatives. Sergeants, in fact, despite job description, do not regularly adjust grievances. Do not have disciplinary authority or control sufficiently autonomous to be charged with independent authority. Duties are substantially similar to their subordinates.