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

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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. The Board found that the disputed employees do not have access to or possess information concerning the MCOE’s employer-employee relations in the regular course of their normal duties and so should not be designated “confidential.” Because confidential status deprives an employee of rights under EERA, the exclusion must be strictly construed.