All notes for Subtopic 200.01000 – In General

DecisionDescriptionPERC Vol.PERC IndexDate
2577M Port of West Sacramento
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
To determine whether individuals are employees of a public agency subject to the MMBA or of another entity, the courts adapted the common law test for distinguishing an employee from an independent contractor, including (1) the right to control the duties of employees; (2) the power to discharge employees; (3) payment of salary; (4) the nature of the services; and (5) the parties’ belief as to the employment relationship. The right to control the purported employees’ duties is the most important factor. more or view all topics or full text.
433007/11/18
2577M Port of West Sacramento
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
After a public entity has subcontracted the work of employees to another entity, it does not remain the employer of those performing the work. more or view all topics or full text.
433007/11/18
2530E Monterey Peninsula Unified School District
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
An employee has standing to file an unfair practice charge against a former employer to allege that such employer interfered with the employee’s attempt to obtain and/or retain subsequent employment. more or view all topics or full text.
42206/19/17
2423M County of San Bernardino (Office of the Public Defender)
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
Publically employed attorneys have rights under the MMBA. more or view all topics or full text.
3916505/15/15
2309E Jurupa Unified School District
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
Placement of an employee on a 39-month re-employment list pursuant to Education Code section 44978.1 does not constitute a separation from service. An employee on the 39-month re-employment list remains an employee of the school district throughout the 39-month period. Reaffirming Santa Ana Educators Association (Felicijan & Hetman) (2009) PERB Decision No. 2008. more or view all topics or full text.
03/08/13
2221E Chula Vista Elementary School District * * * OVERRULED IN PART by Bellflower Unified School District (2017) PERB Order No. Ad-447
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
Under EERA section 3543.5, subdivision (a), “employee” includes an applicant for employment or reemployment; subsequent to charging party’s reapplication to be a support provider in the Beginning Teacher Support and Assessment (BTSA) Induction Program and retirement, charging party remained an “employee” within protection of statute given status as an applicant for reemployment. more or view all topics or full text.
368811/23/11
A384E Castaic Union School District * * * OVERRULED by amendment to EERA section 3540.1, subdivision (e), Stats. 2011, Ch. 674, and Center Unified School District (2014) PERB Decision No. 2379
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
In Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District (1984) PERB Decision No. 375, PERB held that short-term employees have no representation rights under EERA because Education Code section 45103 excludes them from the classified service. Education Code section 45103 also excludes part-time playground positions from the classified service. When the Legislature granted classified status to employees in a part-time playground position who also hold another classified position in the same district, it maintained the exclusion for other part-time playground positions. EERA provides no guidance as to unit placement of employees who are neither certificated nor classified. For these reasons, noon-duty aides have no representation rights under EERA. more or view all topics or full text.
3412008/09/10
2044M County of Sacramento
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
Retirees are not protected by the MMBA as they are not persons employed by the public employer and an employer is not required to bargain over their health insurance benefits. Current employees, however, do have bargaining rights protected by the MMBA and the employer is required to bargain over health benefits. more or view all topics or full text.
3312606/30/09
2045M County of Sacramento
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
Retirees are not protected by the MMBA as they are not persons employed by the public employer and an employer is not required to bargain over their health insurance benefits. Current employees, however, do have bargaining rights protected by the MMBA and the employer is required to bargain over health benefits. more or view all topics or full text.
3312706/30/09
2043M County of Sacramento
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
Retirees are not protected by the MMBA as they are not persons employed by the public employer and an employer is not required to bargain over their health insurance benefits. Current employees, however, do have bargaining rights protected by the MMBA and the employer is required to bargain over health benefits. more or view all topics or full text.
3312206/30/09
2008E Santa Ana Educators Association (Felicijan and Hetman)
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
Individuals on a 39-month reemployment list pursuant to Education Code section 44978.1 remain “employees” as defined in EERA section 3540.1(j) throughout the 39-month period. more or view all topics or full text.
335303/10/09
1863E El Centro Elementary School District
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
Retirees, because they are no longer “employees” as defined in EERA section 3541.5(a), are not subject to the protection of EERA. more or view all topics or full text.
311011/13/06
1835S State of California (Department Of Transportation)
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
An individual who filed a charge alleging unfair practices which occurred nearly two years after his State employment was terminated is not a “State employee” under Dills Act section 3513(c) and, therefore lacks standing to invoke the protections of the Dills Act. more or view all topics or full text.
3010804/10/06
1547E Ventura County Community College District
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
In determining the employee status under the Act the Board is not bound by the employer or employee’s intentions, only the language of the Act. Board applied the common law right to control test to determine whether an individual was an employee or independent contractor. more or view all topics or full text.
2713309/24/03
1539M City of Folsom
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
As Siroky had not worked for the City of Folsom since 1998 but worked for the State of California at the time the alleged protected activity and adverse action occurred (2002), he is not a “public employee” under MMBA sections 3501(c), (d) and 3506 for purposes of this charge. more or view all topics or full text.
279906/26/03
1519H Regents of the University of California (Los Alamos National Laboratory)
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
A charging party claiming supervisory status must provide specific facts establishing that status. Enter did not provide any evidence of her supervisory status. Since LANL disputed her claim of supervisory status, the Board agent analyzed her claims under HEERA as if Enter was a non-supervisory employee. more or view all topics or full text.
276705/07/03
1493E California School Employees Association and its Chapter 245 (Waymire)
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
Using the guidelines in Goleta Union School District (1984) PERB Decision No. 391, pp. 15-17, the Board found that Waymire is not a “public school employee” under EERA section 3540.1(j) because he had not provided services to the District or on the District’s premises, received compensation from the District, or been under the supervision of District management since January 22, 1998. more or view all topics or full text.
263310507/31/02
1492E Monterey Peninsula Community College District
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
Using the guidelines in Goleta Union School District (1984) PERB Decision No. 391, pp. 15-17, the Board found that Waymire is not a “public school employee” under EERA section 3540.1(j) because he had not provided services to the District or on the District’s premises, received compensation from the District, or been under the supervision of District management since January 22, 1998. more or view all topics or full text.
263310407/31/02

200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
Section 3501.5 confers bargaining rights on Superior Court employees concerning all matters within the scope of representation, which only includes matters the county has authority to agree upon, i.e., economic benefits, not non-economic benefits which the county does not have authority to agree upon. Under section 3501.5, Superior Court employees are considered employees of the county for purposes of such negotiations. For any other purposes connected with the MMBA, the Superior Court employees are employees of the Superior Court, not the County. more or view all topics or full text.

200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
The court had an obligation to construe the MMBA in harmony with other statutory provisions to determine whether the Legislature intended to grant bargaining rights to employees working in the municipal courts of Sacramento. Although a closer question, than whether the superior court was a public agency, the municipal court was also not a local agency subject to the MMBA. Because municipal court personnel served at the pleasure of the court administrator and were controlled exclusively by the court, they were employees of the court and not of the county. The county was not obligated to bargain under the MMBA with the union representing the employees. Superior court was not a local public agency under the MMBA. Because superior court personnel were appointed by the court and subject to the court’s exclusive control they were employees of the court and not of the county, the county was not obligated to bargain under the MMBA with the union representing the employees. more or view all topics or full text.

200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
MMBA § 3501, which defined a public employee as any person employed by a public agency, is not helpful in determining whether in home care workers were “public employees” for purposes of the MMBA. Whether a worker is a “public employee” for purposes of the MMBA is a question of fact determined by the extent of control exercised over the worker by the public agency. Here the court found that because substantial evidence supported the trial court’s finding that the County did not exercise control over and direct the activities of workers, home care workers were not employees of the County for purposes of the MMBA. more or view all topics or full text.

200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
Employees referred to by statute as attaches and employees of the Superior Court are employees of the court not the county. Deputy clerks in the county clerk's office, although subject to dual control by both court and county clerk, are county employees under the MMBA. more or view all topics or full text.
1484S State of California
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
Charging party never held a civil service position and was not a civil service employee within the meaning of Section 3513(c) where there is no evidence that he was hired into a civil service classification with a classification code number, that he applied for an announced vacancy, participated in testing procedure, was paid as a civil service employee, received health benefits, paid retirement or social security, or has taxes withheld from check. Additionally, when the various state agencies decided to no longer use charging party’s services, there was no evidence he was terminated through the normal due process procedures provided to state employees, he was simply not asked to serve as an interpreter. more or view all topics or full text.
263307706/06/02
1261H Regents of the University of California and Association of Student Employees, United Automobile, Aerospace, and Agricultural Implement Workers of America, et al.
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
The Board applied the subsection (f) test and determined that some of the students employed by the University at San Diego are employees under HEERA and, that the unit requested by the Union is appropriate for negotiating with the Regents of the University of California at the San Diego campus, provided an employee organization becomes the exclusive representative of that unit; p. 37. more or view all topics or full text.
222908404/23/98
1368S California State Employees Association (Hutchinson)
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
Employees on approved leaves of absence from civil service appointments retain their status as employees for the purpose of Dills Act coverage. Employee can challenge alleged discriminatory termination because she was employee at time of alleged unlawful conduct. Employee who has been terminated from her position as a State employee, allegedly in violation of the Dills Act, is not an "employee" for purposes of the Dills Act because she had no absolute right to return to a civil service position within State service. more or view all topics or full text.
243103112/21/99
A079S State Employer-Employee Relations Act - Governor's Office of Employee Relations (Phase III)
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
Proper scope of unit determination proceeding is employees who are to be included in designated units. It is unnecessary to address the contention that the Board is without jurisdiction to designate an employee as managerial, confidential, or supervisory in order to formulate appropriate units, as such an inquiry would concern matter not in controversy; pp. 2-3. Burden of proof in unit determination proceeding is on party seeking exclusion of employees from units to justify the exclusion; p. 2. Burden of justifying exclusion in unit determination proceeding can be met by showing evidence of actual job requirements which disqualify the employee from placement in representation units, irrespective of which exclusionary category those employees may fit; p. 2. more or view all topics or full text.
31013310/18/79
1086E San Francisco Unified School District
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
Education Code section 45318 only requires that the district's employees be covered by the city's civil service system, not that the district be subject to the bargaining unit structure of the city employee relations ordinance; p. 28, proposed dec. EERA does not preclude in every case an employee's placement in more than one bargaining unit. An employee holding two positions with the same employer might well be included in two separate bargaining units represented by two different exclusive representatives; p. 28, proposed dec. more or view all topics or full text.
192606403/01/95
0871S State of California (Department of Personnel Administration) (California State Employees Association)
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
Conservation Corps members are state civil service (nonmerit system) employees for the purposes of the Dills Act; pp. 18-19. more or view all topics or full text.
152206303/20/91
0787S State of California (Department of Personnel Administration)
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
Under the Dills Act it is found that all employees in state service, unless specifically exempted by section 4 of Article 7 of the Constitution, are civil service employees. Board overruled, in part, Decision No. 110d-S. more or view all topics or full text.
142104001/11/90
0741E Hacienda La Puente Unified School District * * * SUPERCEDED by amendment to EERA section 3543.5, subdivision (a) Stats. 1989, Ch. 313
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
Failure to rehire an individual is not a violation of EERA when the person is not an employee at the time of seeking reemployment and thus lacks standing to invoke the protection of EERA; p. 2. more or view all topics or full text.
132012906/16/89
0688E San Francisco Community College District  * * * ANNULLED by United Public Employees v. PERB (1989) 213 Cal.App.3d 1119
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
Classified employees of San Francisco CCD are not employees under EERA. Annulled by 213 Cal.App.3d 1119. more or view all topics or full text.
121911606/27/88
0685E Hacienda La Puente Unified School District  * * * SUPERCEDED by amendment to EERA section 3543.5, subdivision (a) Stats. 1989, Ch. 313
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
Applicants for employment are not employees protected by Government Code section 3543.5(a). Note: Statute amended to define applicants as employees. more or view all topics or full text.
121911306/24/88
0686E Los Angeles Unified School District
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
Applicants for employment have no standing to file an unfair practice charge as EERA's protection extends only to employees. Note: Statute amended to define applicants as employees. more or view all topics or full text.
121911406/24/88
0391E Goleta Union School District
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
In determining employee status under EERA, Board must rely primarily on statutory languages, though will consider, in part, indicia of employment where they are appropriate; p. 15. more or view all topics or full text.
81513408/01/84
0171E Dixie Elementary School District
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
Substitute and temporary teachers are employees under the EERA. more or view all topics or full text.
51209308/11/81
0173H Unit Determination - California State University and Colleges (Professional)
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
Summer instructional faculty and substitutes are not excluded from faculty bargaining unit at CSU as being casual. These classifications are filled by faculty members who have the same training and background as other CSU instructors. more or view all topics or full text.
51212009/22/81
0003E Pittsburg Unified School District
200.1000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
Noon-duty supervisors are employees under EERA although not members of the classified service pursuant to the Education Code. more or view all topics or full text.
1610/14/76