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

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Original unit determination proceedings are not similar to a prior judicial adjudication of a disputed action between two parties, and therefore res judicata principles will not attach, allowing a unit modification petition to go forward; p. 4. Supervision of seasonal employees that includes discretion to recruit, interview, hire, determine need, evaluate, discipline and/or discharge, assign and schedule without any review or consultation with higher authority are indices of supervisory authority "in the interest of the employer;" pp. 21-22, proposed dec. Since Ranger II duties of supervision of seasonal employees is virtually unfettered, the over all duties of Ranger II are not substantially similar to those of Ranger I and therefore where II position has subordinates it will exclude from the unit; p. 32, proposed dec. position has subordinates it will exclude from the unit; p. 32, proposed dec.