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

Single Topic for Decision 1710E

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The Board found the administrative secretary to the Assistant Superintendent of Business Services, is not a confidential employee. Her supervisor’s duties have not changed appreciably over time. His participation in negotiations is limited to financial issues. When financial issues are not discussed, he participates rarely. He prepares financial proposals for the Superintendent but there was no evidence as to how much time either he or his secretary spend on the proposals or that she does anything other than type them. As a risk manager, he deals with confidential issues in a general sense, there is no evidence as to how much of it pertains to employer-employee relations. The Board concluded that there was insufficient evidence that his secretary’s duties normally require access to confidential employer-employee information, or under the amendment to 3540.1(c) effective January 1, 2004, which contributes significantly to the development of management positions.