All notes for Subtopic 200.03000 – Students
| Los Angeles Unified School District
200.03000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); StudentsBoard 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.
| Regents of the University of California (University of California Association of Interns and Residents)
200.03000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); StudentsIn determining that the housestaff are entitled to HEERA coverage, the Board applied the following three-part HEERA section 3562 (f) test : Part One: Is employment contingent on student status? Part Two: Are the services provided by housestaff related to their educational objectives? Part Three - Prong One: Are the educational objectives of housestaff subordinate to the services they perform? Part Three - Prong Two: Would coverage of housestaff under HEERA further the purposes of the Act?; pp. 17-20. The Board determined that employment in housestaff positions is more valuable and effective in providing service to the University than in meeting the educational objectives of housestaff; The Board found the indicia of employment persuasive in determining that housestaff are employees, i.e., their compensation level is substantial, up to $45,000 per year; they work on a 12-month, non-academic schedule and receive a 4-week paid vacation per year; they receive an extensive benefit package, including medical and dental coverage, disability and life insurance and fully paid medical malpractice insurance; and they receive performance appraisals on which promotions and salary increases may be based. Conversely, housestaff do not exhibit several fundamental indicia of student status. They pay no University tuition; they take no University examinations; and they receive no grades; p. 19. The Board determined that HEERA coverage of housestaff would further the purposes of the Act; p. 23. The Board adopted the ALJ's finding that housestaff on rotation at non-University owned and operated facilities are not employees under subsection (f) and, therefore, are excluded from HEERA coverage; p.15. more or view all topics or full text.
| Regents of the University of California and Association of Student Employees, United Automobile, Aerospace, and Agricultural Implement Workers of America, et al.
200.03000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); StudentsEmployment is contingent on status as a student means that student status was a key consideration in the employment given to them by the University. Readers, tutors and instructors employment is contingent on their status as students. Any relationship between services provided and educational objectives is sufficient. Here student's work is related to education. Value and effectiveness of employment as a reader doesn't appear to be substantial in meeting student's educational objectives. Although employment as a tutor is helpful in achieving educational objectives, it is outweighed by volume of service to University. This is also true for associates. With specific exclusions, safeguards and processes in HEERA, coverage of students employed as readers, tutors and associates pose no threat to University. more or view all topics or full text.
| The Regents of the University of California and Student Association of Graduate Employees, et al.
200.03000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); StudentsWith regard to GSIs, readers, special readers and tutors, the ALJ finds that employment in these positions is contingent on student status. The parties offer no exceptions to this finding, which the Board adopts as its own conclusion; p. 22. It is clear from the record that students employed in remedial tutor and part-time learning skills counselor positions were given employment preference because of their student status. While some non-students may be placed in these positions, under the approach adopted by the Board in UC San Diego the employment of students in these positions is clearly contingent on their status as students; p. 23. The services provided by students employed in these positions are related to their educational objectives. While employment in the disputed positions contributes to the accomplishment of educational objectives, it is not vital to achieving them. It can not be concluded from the evidence that students deprived of the opportunity for employment in these positions would fail to achieve their educational objectives. Instead, it is reasonable to conclude that affected students would find other means to accomplish those objectives, as do the many students who currently do not serve in the positions in dispute in this case. Conversely, the services performed by the student academic employees in dispute are vital to the University and must be performed without regard to whether they provide any educational benefit to student employees; p. 25. Coverage by HEERA can not and will not be allowed to undercut academic policies, selection processes for academic apprentice positions and the role of the academic senate. Board concludes HEERA coverage for these student employees would further the purposes of HEERA. more or view all topics or full text.
| Regents of the University of California (Association of Graduate Student Employees)
200.03000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); StudentsGov. Code section 3562(f), requiring two-prong balancing test to compare educational objectives to services performed is coupled with a determination of whether the "purposes of the Act" would be furthered to include graduate students as employees under HEERA; p. 48. The Board found most graduate student researchers and instructors were not employees; p. 54. more or view all topics or full text.
| Modesto City Schools
200.03000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); StudentsFollowing New Haven USD (1977) EERB Decision No. 14, Board found that psychologist-intern's employment interests predominate over her educational concerns and therefore she was an employee; pp. 5-8. more or view all topics or full text.
| Regents of the University of California (Physicians National Housestaff Association)
200.03000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); StudentsUnder section 3562(f) of HEERA, housestaff are employees as if their educational objectives are subordinate to the services they perform and coverage under HEERA would further the purposes of the Act; p. 5. Educational mission of University as it relates to the delivery of the highest quality of health care is best served by granting housestaff collective bargaining rights under HEERA; p. 17. Based on the amount of time housestaff spend on clinical activities and direct patient care, the nature of the procedures they perform with little or no supervision, the professional guidance they provide for other hospital employees, and the indicia of employment, Board finds that educational objectives are subordinate to services performed by housestaff; pp. 15-16. finds that educational objectives are subordinate to services performed by housestaff; pp. 15-16. more or view all topics or full text.