All notes for Subtopic 200.02000 – Managerial and Confidential

DecisionDescriptionPERC Vol.PERC IndexDate
2226C Operating Engineers Local 3 (Williams)
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Under the Trial Court Act section 71637.1, a trial court may adopt reasonable rules and regulations providing for the designation of management and confidential employees; under section 71639.1, subdivision (e), a management employee so designated is not entitled to file an unfair practice charge; where charge alleged that charging party’s position as Court Supervisor was within a bargaining unit of specified management employees at the trial court and failed to establish that Court Supervisor position was not designated by the trial court as a management employee, charging party lacked standing to bring the charge and PERB was without authority to process the charge. more or view all topics or full text.
369312/09/11
2212E Santa Barbara Community College District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
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.
366710/26/11
1958E Grossmont-Cuyamaca Community College District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
The determination of whether a position is managerial is a question of law and fact and must be answered in terms of the employees’ actual job responsibilities, authority and relationship to the employer. (Hartnell Community College District (1979) PERB Decision No. 81 (Hartnell).) EERA’s requirement that a management employee position must have “significant responsibilities for formulating district policies” has been held to mean that the position must entail discretionary authority to develop or modify institutional goals and priorities. (Hartnell.) The requirement that a managerial employee position must have significant responsibility for administering district programs involves the authority to implement district programs through the exercise of independent judgment and contemplates positions where the employee has discretion in performance of their job beyond that which must conform to an employer’s established policy. (Hartnell.) The facts must establish that the employee is clearly allied with management and that their decisions are made independent of, rather than under the direction and control of the management team. (Paramount Unified School District (1977) EERB Decision No. 33.) The statutory criteria for a management employee is whether the position has discretionary authority to develop and modify institutional goals and priorities. (Sacramento City Unified School District (2005) PERB Decision No. 1773.) Applying this criteria under the District’s decision making structure where only the District Board can modify policy results in responsibilities for “developing and modifying institutional goals and priorities” being the development of policies and priorities to recommend to the District Board and recommending modifications. The definition of a management employee should be interpreted narrowly and the party arguing for exclusion from a supervisory bargaining unit based on managerial status has the burden of proof by a preponderance of the evidence. (San Francisco Unified School District (1977) EERB Decision No. 23.) We note that if the word “district” is interpreted too narrowly, a district is left without a sufficient core of managers to make management decisions. In this regard we reference the Board’s conclusion in Unit Determination for Professional Scientists and Engineers, Lawrence Livermore National Laboratory, of the University of California (1983) PERB Decision No. 246b-H that an employer “has an interest in being assured of a cadre of employees whose loyalty will not be compromised by concurrent obligations to the interests of those employees who are entitled to negotiate wages, hours and terms and conditions of employment.” At the same time we take cognizance that applying this criteria too broadly results in wrongly depriving school employees of their collective bargaining rights under EERA. We have therefore endeavored to approach our above task very conservatively. The Senior Director position qualifies as a management position because the Senior Director: (1) is one of five members of the Chancellor’s cabinet which is charged with the responsibility of reviewing all of the policies which are forwarded to the District Board; (2) the Chancellor routinely accepts the Senior Director’s recommendations; and (3) the Senior Director has significant responsibilities in formulating district policy and is closely allied with management. The Senior Director also has significant responsibility to administer District programs as she works with the college Presidents the community and with governmental entities to develop grants and initiatives. Finally, in tracking and being responsible for legislative issues and taking the lead and initiative in developing the projects and/or programs that the District should be supporting and playing a role in, the Senior Director administers the District’s legislative program. The Associate Vice Chancellor’s position is managerial and has significant responsibilities both for the development of district policy and implementing District programs because: (1) he is closely allied with management; (2) takes the lead in formulating strategic plans at individual colleges and from them creates a District-wide plan; (3) developed a recommendation for a condensed calendar which changes the whole structure at each campus; and (4) plays a key role in planning of the environmental scan of the District’s community which is part of the District’s planning process. more or view all topics or full text.
328505/29/08
1958E Grossmont-Cuyamaca Community College District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
[Continued] The Student Services VPs are managerial positions because: (1) they are part of the college President’s cabinet whose members have significant responsibilities in formulating policy recommendations which the college Presidents take to the Chancellor; (2) they have significant responsibilities for implementing the student services program, a district program which entails working with six student services managers to insure all the different student services programs are well designed, planned, implemented and coordinated; and (3) they manage the division’s budget. The Administrative Deans are managerial positions because: (1) they report directly to the college Presidents and are members of the Presidents’ cabinets; (2) they are responsible for working with the college President in developing recommendations for District policies; (3) one Administrative Dean oversees all aspects of her college’s $23 million budget and has responsibility for all college facilities including maintenance and new construction; and (4) another college’s Administrative Dean is responsible for the operations of the business office, printing services, mailroom, maintenance facilities and custodial on-grounds and reviews all expenditures for the college. We find that the Legislature intended the term “district policies” in EERA section 3540.1(g) to mean policies which are adopted by the District or which are made at the District level regardless of whether they have “district-wide” application. The words of EERA section 3540.1(g) do not indicate that the word “district” is intended to mean “district-wide.” We decline to reevaluate the conjunctive versus disjunctive issue regarding EERA section 3540.1(g) because the Legislature has indicated that it agrees with Lompoc Unified School District (1977) EERB Decision No. 13’s (Lompoc) interpretation. In doing so we are guided by the fundamental rule in construing a statute that the court (or PERB) should ascertain the intent of the Legislature so as to effectuate the purpose of the law. (North Orange County Regional Occupational Program (1990) PERB Decision No. 857 citing Moyer v. Workmen’s Comp. Appeals Bd. (1973) 10 Cal.3d 222, 230.) In Sonoma County Bd. of Education v. Public Employment Relations Bd. (1980) 102 Cal.App.3d 689, 700 (Sonoma) the reviewing court was tasked with interpreting the scope of a statute where the meaning and effect had earlier been analyzed in an opinion of the attorney general. Relevant to this case, the Sonoma court held that “the failure of the Legislature to amend the statute following publication of the Attorney General’s opinion supports an inference that the legislative intent therein was correctly construed [citations omitted] . . .” The Sonoma court noted with regard to opinions of the Attorney General that such an official interpretation is not controlling but it is nevertheless entitled to great weight. (Sonoma, supra, at p. 699.) We opine that the same is true, if not more so, of PERB opinions given courts have uniformly held that PERB’s construction is to be regarded with deference by a court performing the judicial function of statutory construction, and will generally be followed unless it is clearly erroneous. (San Mateo City School Dist. v. Public Employment Relations Bd. (1983) 33 Cal.3d 850, 856.) We therefore find that the same inference can be drawn from the Legislature’s failure to amend a statute after PERB has interpreted the Legislature’s intent as to such statutory language. For the same reason we find that there is an inference that the Legislature’s intent is properly expressed in Lompoc as to EERA section 3540.1(g). The language of Section 3540.1(g) is the same today as it was when enacted in 1975. (Stats. 1975, ch. 961, sec. 2, p. 2248.) The Legislature has not amended it to have a meaning different than that articulated in Lompoc in 1977. This inference becomes even stronger with the Legislature’s use of the same disjunctive word, “or”, in its definition of management employee in HEERA. Notably, HEERA’s statutory provision defining “management employee” was enacted after PERB interpreted EERA section 3540.1(g) in Lompoc. more or view all topics or full text.
328505/29/08
1847E Burlingame Elementary School District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
New definition of confidential employee under EERA virtually identical to HEERA definition and apply same principles. The fact that management team is overworked and an additional confidential position is needed does not warrant a finding that this position is confidential. more or view all topics or full text.
3013106/13/06
1710E Burbank Unifiied School District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
The Board found the administrative secretary to the Assistant Superintendent of Business Services, is not a confidential employee. Her supervisor’s duties have not changed appreciably over time. His participation in negotiations is limited to financial issues. When financial issues are not discussed, he participates rarely. He prepares financial proposals for the Superintendent but there was no evidence as to how much time either he or his secretary spend on the proposals or that she does anything other than type them. As a risk manager, he deals with confidential issues in a general sense, there is no evidence as to how much of it pertains to employer-employee relations. The Board concluded that there was insufficient evidence that his secretary’s duties normally require access to confidential employer-employee information, or under the amendment to 3540.1(c) effective January 1, 2004, which contributes significantly to the development of management positions. more or view all topics or full text.
291411/22/04
1665E Los Angeles Unified School District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
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.
2823207/27/04
1681M City of Beverly Hills
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
MMBA provides that local agencies may adopt reasonable rules and regulations providing for designation of management and confidential employees. Where employee organization believes that designated employees no longer meet requirements of local rules, a unit modification procedure should be utilized. more or view all topics or full text.
2822508/20/04
1505E Mendocino County Office of Education
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
The Board held that the four clerical employees were not confidential, distinguishing Calexico Unified School District (1990) PERB Decision No. 800 and Hemet Unified School District (1990) PERB Decision No. 820, in that the supervisors in this case intentionally prevented their secretaries from performing confidential duties and, in fact, rarely performed those duties themselves. The convenience to the MCOE of having these employees prospectively perform confidential duties without evidence of past quantifiable burden to the MCOE’s operations does not support exclusion of the disputed employees from the bargaining unit. The Board found that the disputed employees do not have access to or possess information concerning the MCOE’s employer-employee relations in the regular course of their normal duties and so should not be designated “confidential.” Because confidential status deprives an employee of rights under EERA, the exclusion must be strictly construed. more or view all topics or full text.
271612/24/02
0002E Sierra Sands Unified School District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Employer, in order to fulfill its statutory role in employer-employee relationships, must be asssured of the undivided loyalty of a nucleus of staff designated "confidential". Secretary who regularly has access to or possesses information re: employers employer-employee relationship is confidential. Payroll staff who, at best, do mechanical cost calculations on bargaining proposals are not confidential. Confidential employee is one who possesses information relating to the employer's employer-employee which if prematurely made public might jeopardize the employer's ability to negotiate with employees from an equal posture. jeopardize the employer's ability to negotiate with employees from an equal posture. more or view all topics or full text.
1310/14/76
1226S California Correctional Peace Officers Association (Smith, et al.)
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Managerial and supervisory employees are not covered by the Dills Act and do not have standing under the Dills Act to file an unfair practice charge. more or view all topics or full text.
222900611/05/97
1112E Rocklin Teachers Professional Association (Romero)
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Management employees are specifically excluded from the statutory definition of "employee" included in the EERA and therefore lack standing to file an unfair practice charge; p. 4. more or view all topics or full text.
192612208/10/95
1040E Chowchilla Union High School District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
A confidential employee must function as such in the regular course of his or her duties meaning that more than a fraction of the employee's time is spent on confidential matters dealing with employer-employee relations. Where very little of the employee's time is spent on matters that involve access to confidential information dealing with employer-employee relations, the employee does not function as a confidential employee. more or view all topics or full text.
182505403/10/94
0820E Hemet Unified School District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Employee who types documents, handles correspondence, and gathers information relating to grievances, and who has access to employee personnel files and other confidential information in the regular course of her duties is a confidential employee within the meaning of EERA section 3540.1(c); pp. 18-20. Evidence that, in regular course of her duties, employee has access to or possession of confidential status, regardless of employee's failure to actually have performed full extent of duties at time of hearing, is sufficient for finding that position is confidential; p. 20. more or view all topics or full text.
142113206/26/90
0800E Calexico Unified School District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Assistant personnel clerk (APC) was confidential employee as job description included confidential duties, immediate supervisor was confidential employee, and APC and APC supervisor positions were interchangeable and closely connected; p. 5. In deciding whether a position is confidential, the lack of evidence of actually performed confidential duties does not preclude a finding that the position is confidential; p. 6. more or view all topics or full text.
142108003/29/90
0774E Redlands Unified School District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Regular contact with personnel information relating to salaries, fringe benefits and budget information does not necessarily relate to employer's employer-employee relations. Compilation of existing data does not provide confidential knowledge pertaining to the employer's bargaining position. more or view all topics or full text.
132021209/29/89
0736E Upper Lake Union Elementary School District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Due to differences in statutory language, PERB will not follow NLRB language to determine "confidential employee," secretary who regularly types information for negotiations package; pp. 6-7. more or view all topics or full text.
132009605/04/89
0687E Cottonwood Union High School District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Propriety of using conjunctive test for management employee in Lompoc #13 questioned. more or view all topics or full text.
121911506/27/88
0647E Imperial Unified School District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
A receptionist/clerk I is deemed a confidential employee where, in the regular course of her duties, she: maintains files and processes correspondence relating to classified and certificated negotiations, assists in researching and calculating bargaining proposals for the District's negotiators, is involved in communications between governing board members and the superintendent's office regarding negotiations, and works in an office which is isolated from other unit employees and staffed with other confidential employees and the superintendent. more or view all topics or full text.
121901312/18/87
0384E Modesto City Schools
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Test for management employee is whether an employee has "significant responsibilities for formulating and administering" District policies and programs; p. 13. Head teachers, program specialists, counselor assistants, not managerial. more or view all topics or full text.
81508905/15/84
0345E Sierra Joint Community College District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Employer's need to select its own management is too fundamental to be burdened by the requirement that its decisions be subject to employee organization scrutiny or comment. more or view all topics or full text.
71425509/22/83
0213E Delano Union Elementary School District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Employer reprimanding non-unit employee, who it believed was managerial, for engaging in union activities, unlawful. Status of employee does not depend on title, or parties' agreement regarding unit placement. Status determined by statutory definition and actual duties performed. more or view all topics or full text.
61311704/30/82
0180E Holtville Unified School District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
School district language, speech and hearing specialist is not managerial employee and shall be retained in the negotiating unit. The specialist would be involved in evaluations but had not completed one yet. If she were dissatisfied by an aide's performance she has authority for action. However, she has no role in formulating district policies or administering district programs. more or view all topics or full text.
51215711/18/81
0182E Oakland Unified School District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Management employee must possess significant responsibilities both for the formulation of district policies and the administration of district programs. "Formulating district policies" entails the discretionary authority to develop or modify institutional goals and priorities. "Administering of programs" involves the authority to implement district policies through the exercise of independent judgment. Here, evidence insufficient to find the incumbent possesses discretionary authority to develop or formulate District policy; pp. 2-4. Thus, affirmative action purchasing manager not managerial. more or view all topics or full text.
61300211/25/81
0173H Unit Determination - California State University and Colleges (Professional)
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
The directors of athletics are excluded from CSU Unit 3 as managerial and/or supervisory. The directors prepare and administer the athletic budget, the grant and aid program to student athletes and make recommendations on appointments. The Educational Television Station Manager, San Diego State University is excluded from CSU Unit 4 as managerial. The manager coordinates and supervises the financial affairs of the station, recommends policies and procedures, evaluates the effectiveness of the station's operations. Student Affairs Program Officers III, IV and V have the primary responsibility for deciding the direction of the student affairs program, determining relevant policy issues and initiating new programs and services. Medical Officers III are excluded from CSU Unit 1 as being either programs and services. Medical Officers III are excluded from CSU Unit 1 as being either Supervising Registered Nurses IV are excluded from Unit 2 as managerial because they spend minimal time on patient care and occupy 90 percent of their time in overall direction and management of nursing services. The resident directors, international programs, are excluded from Unit 3 as a managerial employee. The directors hire faculty, determine promotion or retention status of faculty, and negotiate on behalf of CSU with foreign governments. The associate director of the library is excluded from CSU Unit 3 as management. The associate director is responsible for determining the budget for the library and disbursing the library budget among its various departments. The Director, Southern California Ocean Studies Consortium is excluded from CSU Unit 4 as managerial or supervisory. The director has The Director, Southern California Ocean Studies Consortium is excluded from CSU Unit 4 as managerial or supervisory. The director has The Coordinator, Area and Interdisciplinary Studies, is excluded from CSU Unit 4 as managerial. The coordinator is responsible for developing policy and programs, allocating the budget and exercising general supervision over the interdisciplinary studies program. The academic specialist is excluded from CSU Unit 3 as confidential. The specialists serve as management's representatives in grievance and disciplinary proceedings, functioning as the equivalent of a prosecuting attorney for CSU. more or view all topics or full text.
51212009/22/81
0139E Ventura County Community College District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Full-time affirmative action officer excluded as management where she interprets and enforces all state and federal laws on equal employment and affirmative action, prepares and files all required reports on affirmative action, reviews job announcements and establishes screening committees to interview job applicants and has the authority to modify or restructure a committee for racial balance. more or view all topics or full text.
41113207/11/80
0118S Professional Engineers in CA Government (Professional Engineers in California Government)
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Supervisors and managers are excluded from coverage under the Dills Act, therefore, the unfair practice mechanisms of the Act are unavailable to supervisors and employee organizations who represent them to the extent it seeks to enforce a right related solely to supervisors and managers; pp. 12-14. more or view all topics or full text.
41104503/19/80
0108E Franklin-McKinley School District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Business office supervisor held not to be confidential employee even though on a "management team" because no role in negotiations and only accounting role is a simple mechanical cost calculation; pp. 36-38, proposed dec. Director of Instruction held not to be managerial employee because even though the major responsibility is development of curriculum, the director does not alone establish policy--the cirriculum committee does; pp. 15-17, proposed dec. more or view all topics or full text.
31014210/26/79
0101E Berkeley Unified School District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Board held Women's Studies Director/Title IX Coordinator was management employee although the women's studies director position alone did not rise to the level of management because it did not rise to level of formulation of institutional goals or priorities. more or view all topics or full text.
31011208/28/79
0091E Dinuba Public Schools
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Secretaries to principals held not to be confidential where they did not receive negotiating information as a normal part of their work requirements; opening management negotiating team minutes to file them insufficient; access to minutes of negotiation sessions does not render employee confidential; pp. 16-19, proposed dec. more or view all topics or full text.
31005304/02/79
0055E Marin Community College District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Due to access to confidential communication, Secretary I-Personnel Officer and Secretary III-Business Manager are confidential; Board will not consider whether public information officer is confidential because claim made for first time on appeal; pp. 20-21. Information officer not a management employee because evidence failed to show duties within statutory definition of sec. 3540.1(g); pp. 21-22. Employee must possess both job functions delineated in section section 3540.1(g) to be management; p. 12, proposed dec. more or view all topics or full text.
2213006/26/78
0042E Westminster School District (Zaikowsky)
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Public school employer designates managers subject to EERB review. Employees may not appeal an employer's decision not to designate them as management. more or view all topics or full text.
2200712/16/77
0032E San Rafael City Schools
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
An employee who spends only a small portion of her time typing financial proposals used in negotiations is confidential. i.e., frequency of possession or access to confidential information is not controlling. Confidential information involved need not relate to unit in which the employee in question is contained. Confidential status based on what the disputed individual's work actually entails. more or view all topics or full text.
144310/03/77
0033E Paramount Unified School District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Counselors do not perform managerial duties under EERA. Coordinator of music included in unit because he does not perform managerial or supervisory duties. more or view all topics or full text.
143710/07/77
0026E Richland Elementary School District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Secretary III's are confidential because of the important role performed by his or her boss in negotiations. Secretary II's who have access to personnel files are not confidential and will remain in the unit. more or view all topics or full text.
142409/12/77
0028E San Diego Community College District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
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.
144709/16/77
0023E San Francisco Unified School District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Party arguing for exclusion of employees from a proposed supervisory unit as managerial has burden of providing status by a preponderance of evidence. more or view all topics or full text.
2205209/08/77
0024E Pleasanton Joint Elementary School District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
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.
143809/12/77
0018E Los Rios Community College District * * * OVERRULED IN PART by Hartnell Community College District (1979) PERB Decision No. 81
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
A person must possess both functions described in 3540.1(g) to be a manager. Exclusions from a board grant of rights by the legislature must be strictly construed, language of section 3540.1(c) will be viewed narrowly. To be designated confidential, employee must function in that capacity more than a "fraction" of the time. The possibility of an employee performing duties warranting exclusion from the unit as confidential in the future is insufficient to exclude the position from the unit now. exclude the position from the unit now. more or view all topics or full text.
118506/09/77
0013E Lompoc Unified School District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Board applies Flintkote decision to determine managerial status. Test is whether employee formulates and effectuates management policies by making operative decisions of employer and whether employee has discretion in his job independent of employer's established policy. more or view all topics or full text.
18003/17/77
0015E Oakland Unified School District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Because managerial employees are not considered employees under the Act and have no negotiating rights, great care must be exercise in determining managerial status. Psychologists are not management employees. more or view all topics or full text.
113703/28/77
0006E Fremont Unified School District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Employer should be allowed a nucleus of individuals to assist in employer-employee relations and employer's right to undivided loyalty outweighs denial of representation rights for these individuals. An employee will be confidential even though the information handled by the employee may relate to negotiations for bargaining units other than the one which would include the employee. more or view all topics or full text.
12112/16/76
0083E Jefferson Union High School District * * * VACATED by Order of the Board dated April 13, 1979
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Board agrees that stipulated facts support conclusion that accountant and three secretaries are confidential employees because they have regular access to strategic district negotiation information; p. 6. Deputy supt. for personnel, asst. supt. for business and asst. supt. for educ. services are managerial, as each plays significant and autonomous roles in district policymaking; p. 7. Making recommendations concerning district policy does not necessarily meet criteria of 3540.1(g); p. 8. Mere administration of a district program does not compel conclusion that employee is managerial ("or" in sec. 3540.1(g) must be construed as "and" in order to achieve obvious purposes of the Act; p. 10. Case remanded for further testimony to determine if certain employees stipulated to be management are actually supervisors; pp. 8-11. (Decision vacated.) management are actually supervisors; pp. 8-11. (Decision vacated.) more or view all topics or full text.
31001301/04/79
0081E Hartnell Community College District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Dept. chairs not managerial because they do not formulate district policy--what discretion they have is indicative of supervisory status, as it must conform to established policy; pp. 13-14. more or view all topics or full text.
31001601/02/79
0066E Campbell Union High School District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Principals' secretaries (and secretary to director of continuation school) both have access to and possess confidential information, in the regular course of their duties, such that designation as confidential is justified; p. 4. "Employer-employee relations," as used in sec. 3540.1(c), includes, at minimum, negotiations and processing of grievances; pp. 3-4. Mere access to or possession of confidential information is insufficient--employee must function as such in regular course of duties, which means that "more than a 'fraction' of time must be spent in confidential matters"; p. 4. The employee must have such access to or possession of confidential information that the employer's ability to negotiate from an equal posture might be jeopardized . . . if the information was prematurely made public; p. 4. Total of 14 confidential employees (4.5%) does not violate "small nucleus" principle; p. 5. made public; p. 4. Total of 14 confidential employees (4.5%) does not violate "small nucleus" principle; p. 5. more or view all topics or full text.
2216608/17/78
0062E Centinela Valley Union High School District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
Remand to hearing officer for taking of further evidence because record insufficient to determine if disputed classifications are confidential; pp. 7-9. Employers cannot unnecessarily distribute confidential information to many employees and then claim them as confidential--Board will examine the facts to determine if employees in question must necessarily have access to confidential information in the regular course of their normal duties; p. 7. more or view all topics or full text.
2216308/07/78
0064E Marin Community College District
200.2000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Managerial and Confidential
College coordinators are not managerial because they have no final authority to approve their own proposals and may not deviate from District policies that they administer; p. 22, proposed dec. more or view all topics or full text.
2216808/10/78