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

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MMBA section 3507.5 explicitly permits an employer to adopt reasonable rules for determining which employees are “managerial” or “confidential,” and an employer may consider such determinations when configuring bargaining units. (City of Palmdale (2011) PERB Decision No. 2203-M, p. 6, fn. 7.) In contrast, while an employer may have reason to label certain employees as “supervisors” for operational reasons, that label has no independent legal significance under the MMBA. (Ibid.) An MMBA employer may not categorically require that all employees with supervisory duties be excluded from any bargaining unit that contains non supervisors; rather, supervisory duties at most may be relevant to unit determination solely as one of numerous community of interest factors. (Id. at p. 14.)