All notes for Subtopic 1309.13000 – Supervisors
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2203M | City of Palmdale 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors The MMBA covers all levels of employees except elected officials and gubernatorial appointees. It neither defines "supervisor" nor precludes the formation of a bargaining unit that includes both supervisory and non-supervisory employees. As stated in Organization of Deputy Sheriffs v. County of San Mateo (1975) 48 Cal.App.3d 331, 338, the MMBA confers organizational and representational rights on supervisory, management and confidential employees "without regard to their position in the administrative hierarchy.” In Santa Clara County Counsel Attorneys Assn. v. Woodside (1994) 7 Cal.4th 525, the Supreme Court observed: “By choosing to explicitly include supervisorial, managerial, and confidential employees within the realm of the MMBA's protections, the Legislature implicitly decided that the benefits for public sector labor relations achieved by including managerial employees outweighed the potential divided loyalty dilemmas raised. We therefore note at the outset that any argument which contends that MMBA protections should not apply to certain managerial employees because of problems with divided loyalty must be viewed with skepticism, for that argument follows precisely the legislative road the MMBA declined to take.” (Id. at p. 538; fn. omitted.) Board found no basis to exclude Leads from a unit based solely on their leadership roles. Where Leads spend at least ten percent of their time regularly performing the same kind of maintenance work and using the same tools as their crews, it does not matter that their supervision responsibilities are distinctive. Board also noted that Leads: share a common goal with other employees (to ensure that City facilities are well maintained); have daily contact with one another; and share similar training, qualifications, and skills, mainly that learned working in the field. more or view all topics or full text. | 36 | 49 | 09/23/11 |
| 2788M | City of Pasadena 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Where petition did not seek a new stand-alone unit consisting solely of 12 unrepresented Police Supervisors, PERB declined to consider what unit placements might be reasonable for those employees, particularly as that question might turn on whether a union representing an existing City bargaining unit is willing to have the City add the Police Supervisors to such an existing unit. (Santa Clara Valley Water District, supra, PERB Decision No. 2531-M, p. 17.) more or view all topics or full text. | 46 | 61 | 09/01/21 |
| 2788M | City of Pasadena 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors 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.) more or view all topics or full text. | 46 | 61 | 09/01/21 |
| 2578H | Regents of the University of California (Teamsters Local 2010) 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors When determining whether an employee should be excluded from a unit, the Board considers the actual job duties performed, not just the job description. more or view all topics or full text. | 43 | 31 | 07/18/18 |
| 2578H | Regents of the University of California (Teamsters Local 2010) 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Under HEERA, an employee is not a supervisor if their duties are substantially similar to those of their subordinates. more or view all topics or full text. | 43 | 31 | 07/18/18 |
| 2578H | Regents of the University of California (Teamsters Local 2010) 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors The Board examines the role of the purported supervisor in personnel decisions concerning matters within the scope of representation, not in decisions over work processes. more or view all topics or full text. | 43 | 31 | 07/18/18 |
| 2578H | Regents of the University of California (Teamsters Local 2010) 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Participating on hiring panels does not necessarily confer the authority to effectively recommend hiring, for purposes of determining whether an employee is supervisory. more or view all topics or full text. | 43 | 31 | 07/18/18 |
| 2578H | Regents of the University of California (Teamsters Local 2010) 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors The responsibility to gather information about the performance of other employees and report it to management does not necessarily constitute authority to discipline, for purposes of determining whether an employee is supervisory. more or view all topics or full text. | 43 | 31 | 07/18/18 |
| A402E | Children of Promise Preparatory Academy 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors The burden of providing sufficient evidence demonstrating that a material issue of fact does exist lies with the party seeking to exclude certain employees from the bargaining unit on the basis that they are managerial, supervisory, or confidential. more or view all topics or full text. | 38 | 76 | 11/06/13 |
| 2217H | Regents of the University of California 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors 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. more or view all topics or full text. | 36 | 79 | 11/09/11 |
| 2212E | Santa Barbara Community College District 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors 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. more or view all topics or full text. | 36 | 67 | 10/26/11 |
| 1665E | Los Angeles Unified School District 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Board affirmed that a “management employee” under EERA must have significant responsibilities both for the formulation of district policies and the administration of district programs. Among the factors distinguishing a management employee from a non-management employee is the ability to waive or deviate from established policy, and the presence or absence of a relatively intimate relationship with a school district’s superintendent or governing board. Applying these principles, Board found 17 of 25 disputed classifications to be managerial, while the other 8 were found to be within the supervisor’s unit. more or view all topics or full text. | 28 | 232 | 07/27/04 |
| 1404E | West Contra Costa Unified School District 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors The Board has held that since section 3540.1(m) is written in the disjunctive, an employee need only perform or effectively recommend one of the enumerated functions or duties to be found to be a supervisor. (Sweetwater Union High School District (1976) EERB Decision No. 4 (Sweetwater). The performance of supervisory duties must include the use of independent judgement. Routine or clerical decision making which does not require the use of independent judgment precludes a finding of supervisory status. (Lincoln Unified School District (1997) PERB Decision No. 1194 (Lincoln) citing Unit Determination of the State of California (1980) PERB Decision No. 110c-S. Supervisory status will be afforded an employee if she or he has the authority to effectively recommend promotion, discharge or hiring. (Campbell.) However, conducting evaluations or effectively recommending the outcome of the evaluation process is only indicative of supervisory status when it can be shown to have an effect on promotions and terminations and when it is not subject to substantial review; In this case, there is no eveidence regarding the extent the recommendations are relied upon or modified. Such is not considered as "effective recommendation". (Lincoln; Hemet Unified School District (1990) PERB Decision No. 820; Sanger Unified School District (1989) PERB Decision No. 752 (Sanger); State of California, supra, PERB Decision No. 110c-S.) Supervisory authority found because the Cook Managers and Cafeteria Leadworkers decide whether to rotate staff assignments and whether to use a substitute to cover an absence; additionally, they are the only authority on-site and neither substantial review nor prior approval is required for them to carry out day-to-day operations of their kitchens. Cook Managers and Cafeteria Leadworkers also demonstrate supervisory authority by effectively recommending the authorization of overtime, coupled with the fact that their requests are never denied. more or view all topics or full text. | 24 | 31147 | 09/12/00 |
| A320E | Robert L. Mueller Charter School 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Periodic rotation of bargaining unit members into supervisory and/or management positions does not deprive all unit members of their rights under EERA to be represented by a union when rotated out of the supervisory and/or management position. more or view all topics or full text. | 27 | 46 | 03/05/03 |
| 1194E | Lincoln Unified School District (California School Employees Association-Chapter 282) 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors When analyzing a position with disputed supervisory status, the Board uses an individual analysis of each contested position or considers the typical duties of the position when the evidence indicates substantial uniformity in the duties of the disputed classification. The underlying principle of both approaches is that the Board must look at the actual nature of the work performed by the incumbents, rather than the work specified in the job description; p. 5. PERB evaluates EERA section 3540.1(m)'s indicia of supervisory status in the disjunctive; supervisory statuts may be found when an employee performs even one of the enumerated functions; p. 6; p. 35, proposed dec. The performance of supervisory duties must involve the use of independent judgment. Routine or clerical decision making without independent judgment precludes a supervisory status finding; p. 36, independent judgment. Routine or clerical decision making without independent judgment precludes a supervisory status finding; p. 36, is indicated when the performance of duties includes the opportunity to make a clear choice between two or more significant alternative courses of action and the power to make that choice without broad review or approval; p. 36, proposed dec. The Board has not applied a standard of percentages to the performance of supervisory duties; p. 36, proposed dec. The final decision regardinghiring, discipline and salaries are traditionally reserved to persons far removed from the employee's immediate supervisor. Therefore, the ability to indirectly, but effectively, bring about changes in employment statuts is accorded great weight and an employee will be found a supervisor if they have the authority to effectively recommend the promotion, discharge, or hiring of other employees; p. 36, proposed dec. Mere participation on any interview panel is not sufficient to hiring of other employees; p. 36, proposed dec. Mere participation on any interview panel is not sufficient to and selected the recommended candidate, the employee effectively recommended hiring; p. 37, proposed dec. Supervisory status has been found when the alleged supervisor allocates regular work assignments, alters regular assignments, more or view all topics or full text. | 21 | 28090 | 04/30/97 |
| 1112E | Rocklin Teachers Professional Association (Romero) 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors The hiring and assignment of employees are among the functions of a supervisory employee as specifically enumerated in the EERA; p. 3. An employer may restrict the participation of supervisory employees in the preelection activities of nonsupervisory employees in order to maintain a position of neutrality; p. 5. more or view all topics or full text. | 19 | 26122 | 08/10/95 |
| 1063S | State of California (Department of General Services) (Strickland) 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors It is not improper for bargaining unit members to participate on interview panels or to oversee the work assignments, to some degree, of other bargaining unit employees; p. 26, proposed dec. more or view all topics or full text. | 19 | 26003 | 10/27/94 |
| 0871S | State of California (Department of Personnel Administration) (California State Employees Association) 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Supervising Cook I and Food Service Supervisor I classifications were determined to be supervisory classes and therefore excluded from bargaining Unit 15. Legislature intended PERB consider job descriptions, duty statements, or civil service classification structure established by SPB in determining whether an employee or classification is supervisory under the Act; p. 12. In determining whether particular classification is "supervisory," Board may give some weight to scope of responsibilities, authority, and duties described in the class specification, job description, or duty statement created by SPB. They do not create a rebuttable presumption, nor are they typically sufficient by themselves to support an exclusionary claim; p. 13 and 15. The mere inclusion of the word(s) "supervisor" or "supervisory" in the class title, specification, job description, or duty statement is not The mere inclusion of the word(s) "supervisor" or "supervisory" in the class title, specification, job description, or duty statement is not Once there has been a determination (under the Dills Act) that a classification is supervisory, subsequent exclusionary challenges should be made on a position-by-position approach based on the actual duties performed by the incumbent(s) in the disputed positions. The Board split on whether in such instances, PERB should allow SPB, or its designee, the opportunity to review the classification to assure that the positions in question are properly allocated and classified under the personnel classification plan; pp. 13-14. Burden of proof in exclusionary claim is on party asserting the claim. more or view all topics or full text. | 15 | 22063 | 03/20/91 |
| 0820E | Hemet Unified School District 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Supervisory status indicated where employee effectively recommends hiring and the ultimate outcome of the evaluation process, and assigns work, under circumstances which require her to exercise independent judgment in connection therewith; pp. 13-14. No supervisory status where employee acts as a lead person with no true supervisory authority; pp. 11-13 and pp. 16-17. No supervisory status where employee does not assign or direct work of other employees; pp. 15-16. more or view all topics or full text. | 14 | 21132 | 06/26/90 |
| 0727S | State of California (Department of Personnel Administration) (California Union of Safety Employees) 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Original unit determination proceedings are not similar to a prior judicial adjudication of a disputed action between two parties, and therefore res judicata principles will not attach, allowing a unit modification petition to go forward; p. 4. Supervision of seasonal employees that includes discretion to recruit, interview, hire, determine need, evaluate, discipline and/or discharge, assign and schedule without any review or consultation with higher authority are indices of supervisory authority "in the interest of the employer;" pp. 21-22, proposed dec. Since Ranger II duties of supervision of seasonal employees is virtually unfettered, the over all duties of Ranger II are not substantially similar to those of Ranger I and therefore where II position has subordinates it will exclude from the unit; p. 32, proposed dec. position has subordinates it will exclude from the unit; p. 32, proposed dec. more or view all topics or full text. | 13 | 20075 | 04/03/89 |
| 1216S | State of California (Department of Forestry and Fire Protection) 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors The performance of any one supervisory function renders an employee supervisory; p. 15. The performance of supervisory duties must involve the use of independent judgment. The opportunity to make a clear choice between two or more significant alternate courses of action without broad review or approval. Routine or clerical decision making precludes a supervisory status finding; p. 16. Allocating regular work assignments, altering regular work schedules, assigning specific additional tasks and reviewing and correcting work demonstrate supervisory status; If the work is so routine or structured that assigning the work is ministerial, not supervisory; p. 16. Authorizing overtime and granting time off without prior approval indicates supervisory status; p. 17. If the final hiring, discipline and salary decision is reserved to persons far removed from an employee's immediate supervisor, the If the final hiring, discipline and salary decision is reserved to persons far removed from an employee's immediate supervisor, the afforded great weight; p. 17. Conducting evaluations, or effectively recommending the outcome of the evaluation process, indicates supervisory status. Evaluations subject to substantial review or approval, or following a routine course prescribed by past practice or existing policy, are insufficient to establish supervisory status; p. 18. Equally weighted participation on interview panels does not demonstrate that the employee effectively recommends the outcome of that process; p. 18. Under Dills Act section 3513(g), when the employee's duties reach the point that their involvement in supervisory functions outweighs the right to participate in rank and file unit activity, the employee's supervisory obligations preclude a finding that their duties are substantially similar to their subordinates' duties; p. 19. supervisory obligations preclude a finding that their duties are substantially similar to their subordinates' duties; p. 19. similar to subordinates' duties when the employee set work place priorities, participated in management meetings, prepared performance evaluations, approved vacation, overtime and compensatory time and scheduled subordinate work; p. 19. more or view all topics or full text. | 21 | 28144 | 08/27/97 |
| 0415E | Antioch Unified School District 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Unit modified to exclude Food Service Cook Managers as supervisors because they effectively recommend hiring, assign work, and evaluate employees; pp. 5-10, proposed dec. more or view all topics or full text. | 8 | 15189 | 10/12/84 |
| 0351H | California State University (Statewide University Police Association) 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Board applies disjunctive interpretation of 3580.3 and will find supervisory status where shown employee meets one of specified criteria for exclusion and does no rank and file work. Party seeking exclusion must demonstrate specific task is regularly performed and not a sporadic or a typical exercise of duties. Further, must also be shown that party exercises independent judgment rather than routine or clerical decision-making. Supervisory authority will not be found where the actual authority is limited to a choice between two or more tightly directed and narrowly defined procedures. Independent judgment is indicated where the performance of duties includes the opportunity to make a clear choice between two or more significant alternative courses of action and the power to make that choice is without broad review and approval. significant alternative courses of action and the power to make that choice is without broad review and approval. judgment is precluded. Alleged supervisorial task must be exercised in the interest of the employer. Evidence limited to a demonstration of control over work processes does not support an exclusion. Where the guidance of other employees is derived from greater experience, technical expertise and knowledge of the employer's mission and tasks, such employees may appropriately be included in the unit. Section 3580.3 specifically directs that employees whose duties are substantially similar to those of their sbubordinates shall not be considered supervisory employees. As used in the statute, "substantially similar," requires exclusion when the employees' duties reach that point where the supervisory obligation to the employer outweights the entitlement to the rights when the employees' duties reach that point where the supervisory obligation to the employer outweights the entitlement to the rights enumerated supervisory functions to a degree sufficient to exclude them. No independent hiring authority. Assignment of tasks resemble routine or clerical decision making rather than clear choices between two or more significant alternatives. Sergeants, in fact, despite job description, do not regularly adjust grievances. Do not have disciplinary authority or control sufficiently autonomous to be charged with independent authority. Duties are substantially similar to their subordinates. more or view all topics or full text. | 7 | 14277 | 10/20/83 |
| 0351Ha | California State University (Statewide University Police Association) 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Determination of lack of supervisory status based upon totality of evidence presented. Sergeants did not possess or exercise independent judgment when administering disciplinary action, but rather ordered in accordance with the superior's opinion. Including 59 contested positions would have resulted in 100 persons supervising 197 non-supervisors, sufficient distinction from Grayhound case (NLRB) where 121 dispatchers supervised 3,000 drivers, to hold different conclusion. Mere potential to resolve informal grievances, is insufficient to support finding of supervisory status, and evidence showed day-to-day disputes were reconciled by sergeants, not as agents for the employer, but as co-workers concerned with reducing disruption of the work environment. MOU between the parties does not make sergeants but as co-workers concerned with reducing disruption of the work environment. MOU between the parties does not make sergeants more or view all topics or full text. | 8 | 15097 | 05/30/84 |
| 0295E | Cantua Elementary School District 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Board dismissed unit modification petition to remove "transportation supervisor/building and groundsperson" because individual did not exercise independent judgment in assignment of work and did not exercise or possess the authority to exercise any of the statutory supervisory power set forth in section 3540.1(m); p. 10. more or view all topics or full text. | 7 | 14104 | 03/18/83 |
| 0088E | Glendale Community College District 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Board looks to definition of supervisors in sec. 3540.1(m), not to job titles; pp. 7-8. Division chairpersons not supervisors because, contrary to other cases, here they are selected by and responsible to primarily other faculty and not to the administration, because they enjoy no special status, because they exercise little more authority than other faculty members and because they possess no effective authority in any of the statutorily described supervisory functions; pp. 8-11. In examining community college cases, Board will consider the dispersement of authority among faculty members that is typical in the tradition of collegially shared authority; p. 9. Sporadic exercise of supervisory functions with regard to non-unit personnel insufficient to exclude employees from certificated unit; p. 10. more or view all topics or full text. | 3 | 10030 | 01/30/79 |
| 0049E | San Mateo Union High School District 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Skilled crafts foremen not supervisors. more or view all topics or full text. | 2 | 2074 | 03/22/78 |
| 0050E | Oakland Unified School District 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Supervising custodians not supervisors within meaning of statute. more or view all topics or full text. | 2 | 2089 | 04/14/78 |
| 0055E | Marin Community College District 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Supervisor of gardeners/groundskeepers not a supervisor because evidence fails to show exercise of independent judgement in performance of any functions enumerated in section 3540.1(m); pp. 22- 23. Supervisor, custodial supervisor, assistance custodial supervisor security supervisor not supervisors--see proposed dec. pp. 19-24. more or view all topics or full text. | 2 | 2130 | 06/26/78 |
| 0041E | Carlsbad Unified School District 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Distinguishing New Haven No. 14, Board finds certificated coordinators supervisors because they have individual responsibility for making and changing curriculum assignments. more or view all topics or full text. | 1 | 589 | 11/29/77 |
| 0032E | San Rafael City Schools 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Mere substitution for supervisor without the exercise of supervisory authority does not confer supervisory status. One who spends most of the day doing non-supervisory work and who exercises supervisory authority only in the absence of a superior is not a supervisor. more or view all topics or full text. | 1 | 443 | 10/03/77 |
| 0033E | Paramount Unified School District 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Coordinator of music included in unit because he does not perform managerial or supervisory duties. more or view all topics or full text. | 1 | 437 | 10/07/77 |
| 0028E | San Diego Community College District 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Administrative aides included in unit because they do not perform confidential or supervisory duties. System analyst programmers included in unit because they do not perform confidential duties. Accountants and junior accountants included in unit because they do not perform confidential or supervisory duties. Buyers included in unit because they do not perform confidential or supervisory duties. more or view all topics or full text. | 1 | 447 | 09/16/77 |
| 0023E | San Francisco Unified School District 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors All certificated supervisors properly placed in one unit. more or view all topics or full text. | 2 | 2052 | 09/08/77 |
| 0024E | Pleasanton Joint Elementary School District 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Temporary or occasional responsibility for administering the functions of the school in the administrator's absence does not support a finding that counselors are managers or supervisors. more or view all topics or full text. | 1 | 438 | 09/12/77 |
| 0018E | Los Rios Community College District * * * OVERRULED IN PART by Hartnell Community College District (1979) PERB Decision No. 81 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors * * * OVERRULED IN PART ON OTHER GROUNDS by Hartnell Community College District (1979) PERB Decision No. 81. * * *Application of 3540.1(m) to certificated community college employees must be viewed in light of long-standing traditions of collegiality and shared authority in higher education institutions. The fact that the employee in question is a certificated employee and the supervised employees are not is immaterial. more or view all topics or full text. | 1 | 185 | 06/09/77 |
| 0947E | Palomar Community College District 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Dills Act test to establish supervisory status of proposed bargaining unit member, applied to EERA and Education Code sec. 87610.1(e) to determine supervisory status of community college department chairpersons; pp. 4-5; pp. 22-24, proposed dec. more or view all topics or full text. | 16 | 23111 | 07/14/92 |
| 0014E | New Haven Unified School District 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Limited involvement in evaluation process insufficient to confer supervisory status. Department heads included in bargaining unit. Curriculum team members included in bargaining unit. more or view all topics or full text. | 1 | 121 | 03/22/77 |
| 0010E | Foothill-DeAnza Community College District 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Custodial foreman, construction foreman and grounds foreman do not possess authority or functions sufficient to be supervisors. more or view all topics or full text. | 1 | 64 | 03/01/77 |
| 0013E | Lompoc Unified School District 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Supervisor of nurses excluded from bargaining unit as supervisor. Migrant Education Coordinator excluded from bargaining unit as supervisor. more or view all topics or full text. | 1 | 80 | 03/17/77 |
| 0008E | San Diego Unified School District 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Possession of any one of duties listed in Section 3540.1(m) or effective power to recommend such action through use of independent judgement is sufficient to make one a supervisor. Physical presence during entire work shift to observe work is not a condition precedent to a finding of supervisory status. Judgment required of employee in planning, scheduling and assigning work to subordinates not rendered routine merely because work of subordinates is manual labor. Employee organization can file simultaneous petitions for supervisor and non-supervisor units in same district. and non-supervisor units in same district. more or view all topics or full text. | 1 | 33 | 02/18/77 |
| 0004E | Sweetwater Union High School District 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Performance of any one of the enumerated actions or the effective power to recommend such action is sufficient to make one a supervisor under 35410.1(m). Head custodian effectively recommends hiring because his hiring recommendations are consistently solicited and adopted by higher authority, and is therefore excluded from the unit. Authority to regularly inspect the work of others and to direct others to correct improperly performed work constitutes responsible direction of work performance. Occasional routine assignments to other employees in a manner not requiring exercise of independent judgement insufficient to Occasional routine assignments to other employees in a manner not requiring exercise of independent judgement insufficient to more or view all topics or full text. | 1 | 10 | 11/23/76 |
| 0081E | Hartnell Community College District 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors While parties stipulated the dept. chairpersons were not supervisors (and instead disputed whether they were managerial), Board will examine issue to avoid improperly placing supervisors in rank and file unit; p. 8-9. Dept. chairs, while not managerial, are supervisors, as they, inter alia, schedule class assignments, hire part-time faculty and discipline faculty; pp. 9-14. more or view all topics or full text. | 3 | 10016 | 01/02/79 |
| 0076E | Monterey Peninsula Community College District 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Unlike those in Los Rios, PERB Decision No. 18, division chairpersons exercise no supervisor control over members of requested unit, and only minimal direction of work, therefore, they may not be excluded from the unit; pp. 7-9. more or view all topics or full text. | 2 | 2204 | 10/16/78 |
| 0078E | Fallbrook Union High School District 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Gardener crew leader/assistant operations foreman not supervisor, as as employee possesses none of the authority described in sec. 3540.1(m)); p. 8. more or view all topics or full text. | 2 | 2217 | 12/04/78 |
| 0079E | Foothill-DeAnza Community College District 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Head electrician is a supervisory employee; p. 4. more or view all topics or full text. | 3 | 10003 | 12/18/78 |
| 0066E | Campbell Union High School District 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Lead custodians are supervisors because they effectively recommend the hire, promotion and discipline of employees, independently direct work and alter work assignments; pp. 8-9. Recognizing that in the public sector final decisions re: hiring, discipline, etc., are traditionally reserved to persons far removed from the employee's immediate supervision, the Board will give great weight to the ability to indirectly but effectively effectuate changes in employment status-- this is why EERA sec. 3540.1(m) speaks of authority to effectively recommend; p. 9. Board will rely upon exercise of supervisorial functions, not ratios of supervisors to (rank and file) employees, in determining who is a supervisor; p. 10. more or view all topics or full text. | 2 | 2166 | 08/17/78 |
| 0064E | Marin Community College District 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors College coordinators are supervisors because they make faculty assignments, evaluate certificated employees, allocate teaching units, recommend disciplinary action, interview teaching candidates and make hiring recommendations, some of which requires independent judgment; p. 23, proposed dec. more or view all topics or full text. | 2 | 2168 | 08/10/78 |
| 0056E | Washington Unified School District 1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors Duties of Cafeteria Cook Managers, Snack Bar Operators, Fast Food Operators and Building and Grounds Supervisors not shown to have indicia of supervisory status; pp. 3-8, proposed dec.. Sporadic exercise of supervisory authority over nonunit student employees insufficient to demonstrate supervisory status; p. 2. To be supervisory, employee must actually perform or effectively recommend the enumerated actions; p. 8, proposed dec. more or view all topics or full text. | 2 | 2132 | 06/27/78 |