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

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The Board held that the four clerical employees were not confidential, distinguishing Calexico Unified School District (1990) PERB Decision No. 800 and Hemet Unified School District (1990) PERB Decision No. 820, in that the supervisors in this case intentionally prevented their secretaries from performing confidential duties and, in fact, rarely performed those duties themselves. The convenience to the MCOE of having these employees prospectively perform confidential duties without evidence of past quantifiable burden to the MCOE’s operations does not support exclusion of the disputed employees from the bargaining unit.