REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200) – In General/Definition of Appropriate Unit

Single Topic for Decision 2212E

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EERA entitles public school employees the right to form bargaining units and be represented in their employment conditions by an employee organization of their choosing. This right is extended to supervisory personnel so long as no bargaining unit of supervisors is represented by the same employee organization as the employees that those supervisors supervise. Employees properly designated as managers, on the other hand, are excluded from the definition of a public school employee under EERA, and consequently denied collective bargaining rights. The Board has long held that a “management employee” under EERA must have significant responsibilities both for the formulation of district policies and the administration of district programs. Applying these principles, Board found four of the disputed classifications to be managerial and, therefore, properly excluded from the petitioned-for bargaining unit.