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

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Act covering Sacramento Regional Transit District covered the Superintendents in question. Job descriptions and organizational charts in the record make it more likely that the Superintendents are supervisors rather than managerial employees. (See, e.g., Santa Barbara Community College District (2011) PERB Decision No. 2212, adopting proposed decision at p. 18 [management employees must have both “discretionary authority to develop or modify institutional goals and priorities” and “authority to implement programs through the exercise of discretion”].) However, the Board made no such finding, first, because the Board puts limited reliance on written job descriptions unless they comport to actual job duties (id., adopting proposed decision at p. 18 & p. 25, fn. 10), and here the parties opted to forego witness testimony. Moreover, even were Superintendents’ duties sufficient to make them managerial employees, they would have collective bargaining rights. (pp. 11, 15-16.)