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

Single Topic for Decision 2217H

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The Board applies a disjunctive interpretation of HEERA section 3580.3 and will find supervisory status where the employee meets one of specified criteria for exclusion and does no rank and file work. The party seeking exclusion must demonstrate that the specific task is regularly performed and not a sporadic or atypical exercise of duties. Further, it must also be demonstrated that the party exercises independent judgment rather than routine or clerical decision-making.