All notes for Subtopic 200.04000 – Supervisors
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2871P | Sacramento Regional Transit District 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Supervisors The MMBA differs from federal law in that it contains no exclusion for supervisors or managerial employees, and appellate courts have found that the MMBA therefore affords collective bargaining rights to supervisors and managers. (Public Employees of Riverside County, Inc. v. County of Riverside (1977) 75 Cal.App.3d 882, 888; Organization of Deputy Sheriffs v. County of San Mateo (1975) 48 Cal.App.3d 331, 338.) EERA, enacted in 1975, explicitly excludes managerial employees, but not supervisors. (Gov. Code, § 3540.1, subd. (j).) (EERA does restrict the unit placement of supervisors.) (Gov. Code, § 3545, subd. (b)(2).) The Dills Act, enacted in 1977 to cover state employees, explicitly excludes supervisory and managerial employees. The Judicial Council Employer-Employee Relations Act, enacted in 2017, similarly excludes supervisory and managerial employees. (Gov. Code, § 3524.52. subd. (g).) HEERA, enacted in 1978, explicitly excludes managerial employees, while limiting the rights of supervisors. (Gov. Code, §§ 3562, subd. (e), 3580.) The Los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act (TEERA; PUC, § 99560 et seq.), enacted in 2003, explicitly states that it “shall only apply to supervisory employees of the Los Angeles County Metropolitan Transportation Authority [LACMTA].” (PUC, § 99560.3.) TEERA’s legislative history shows the Legislature’s intent to cover certain supervisors who are also low-level managerial employees. (pp. 5-10 & fn. 8.)Act covering Sacramento Regional Transit District covered the Superintendents in question. Job descriptions and organizational charts in the record make it more likely that Superintendents were supervisors rather than managerial employees. (See, e.g., Santa Barbara Community College District (2011) PERB Decision No. 2212, adopting proposed decision at p. 18 [management employees must have both “discretionary authority to develop or modify institutional goals and priorities” and “authority to implement programs through the exercise of discretion”].) However, the Board made no such finding, first, because the Board puts limited reliance on written job descriptions unless they comport to actual job duties (id., adopting proposed decision at p. 18 & p. 25, fn. 10), and here the parties opted to forego witness testimony. Moreover, even were Superintendents’ duties sufficient to make them managerial employees, they would have collective bargaining rights. (pp. 11, 15-16.) more or view all topics or full text. | 48 | 43 | 08/31/23 |
| 2203M | City of Palmdale 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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 |
| 2578H | Regents of the University of California (Teamsters Local 2010) 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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) 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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) 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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) 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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 |
| 1958E | Grossmont-Cuyamaca Community College District 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Supervisors 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.) more or view all topics or full text. | 32 | 85 | 05/29/08 |
| 1530S | California Correctional Peace Officers Association (Moore) 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Supervisors Under the EEBR, a supervisory employee does not have standing to bring a charge with the Board on his own behalf alleging a threat of reprisal against him and his staff by a union chapter president. An exception to this rule might occur if the alleged conduct adversely impacts the rights of unit employees. more or view all topics or full text. | 27 | 90 | 06/20/03 |
| 1519H | Regents of the University of California (Los Alamos National Laboratory) 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Supervisors 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. | 27 | 67 | 05/07/03 |
| 1404E | West Contra Costa Unified School District 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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 |
| 1301H | The Regents of the University of California and Student Association of Graduate Employees, et al. 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Supervisors The ALJ also found that student employees in GSI, GSR and tutor supervisor positions are not employees under HEERA, and should be excluded from the bargaining unit; p. 1. more or view all topics or full text. | 23 | 30025 | 12/11/98 |
| 1226S | California Correctional Peace Officers Association (Smith, et al.) 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Supervisors 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. | 22 | 29006 | 11/05/97 |
| 1194E | Lincoln Unified School District (California School Employees Association-Chapter 282) 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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 status 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 supervisroy status finding; p. 36, independent judgment. Routine or clerical decision making without independent judgment precludes a supervisroy status finding; p. 36, is indicated when the performace of duties includes the opportunity to make a clear choice between two or moer 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 regarding hiring, discipline and salaries are traditionally reserved to persons far removed from the employees immediate supervisor. Therefore, the ability to indirectly, but effectively, bring about changes in employment status 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 statuts has been found when the alleged supervisor allocates regular work assignments, alters regular (nxt.pg) more or view all topics or full text. | 21 | 28090 | 04/30/97 |
| 1112E | Rocklin Teachers Professional Association (Romero) 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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 |
| 0871S | State of California (Department of Personnel Administration) (California State Employees Association) 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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. 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. that the positions in question are properly allocated and classified under the personnel classification plan; pp. 13-14. 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 sufficient to support a finding by PERB that the class is supervisory; p. 13. more or view all topics or full text. | 15 | 22063 | 03/20/91 |
| 0820E | Hemet Unified School District 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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) 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Supervisors "Substantially similar" duties of Gov. Code section 3522.1 will exclude employees when their duties reach the point at which supervisory obligation to the employer outweights the employee's entitlement to the rights afforded rank and file employees; p. 18, proposed dec. Where an employee's participation in the evaluation process is subject to substantial review and approval, or where it follows a routine course prescribed by existing policy that participation will not be considered an indicator of supervisory status; p. 26, 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) 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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 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 |
| 0384E | Modesto City Schools 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Supervisors 3540.1(m) is written in disjuncture. To be a supervisor, employee need only perform or recommend one of enumerated actions. Sporadic assignment of work, which doesn't involve independent judgment, insufficient to confer supervisory status; p. 14. Head teachers and counselor assistants, not supervisory. Program specialist is supervisory. Position of counselor-assistant to the principal is not managerial or supervisory. more or view all topics or full text. | 8 | 15089 | 05/15/84 |
| 0351H | California State University (Statewide University Police Association) 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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 subordinates 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) 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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 Greyhound 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 |
| 0334E | Mt. San Antonio Community College District 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Supervisors Fact that employee has supervisory responsibilities is relevant for unit determination only. If an employee hasn't been determined to be a supervisor then that employee and his duties are in the bargaining unit and removal is negotiable. more or view all topics or full text. | 7 | 14226 | 08/18/83 |
| 0295E | Cantua Elementary School District 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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 |
| 0235E | Redlands Unified School District 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Supervisors Classroom teachers are not supervisors of teachers' aides within the meaning of EERA sec. 3540.1(m); teachers assign work to and direct aides only incidentally to teachers' performance of professional duties. more or view all topics or full text. | 6 | 13197 | 08/27/82 |
| 0176H | Unit Determination - California State University and Colleges (Nonprofessional) 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Supervisors The supervising grounds worker I is excluded from CSU Unit 5 as supervisory. The primary duty of the incumbents in the position is to oversee the work of crews of grounds workers, each of which is headed by a lead grounds worker. The supervising grounds keeper I exercises significant supervisory authority, makes recommendations on retention retention which are effective and routinely documents incidents of misconduct by employees. The chief engineer II and chief engineer I are excluded from CSU unit 6 as supervisory. Incumbents in these positions have overall responsibility for operation of the campus engineering departments. They have authority to hire, assign, direct work, approve overtime and leave, and carry out other supervisory functions. more or view all topics or full text. | 5 | 12152 | 11/17/81 |
| 0173H | Unit Determination - California State University and Colleges (Professional) 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Supervisors Medical Officers II are excluded from CSU Unit 1 as being supervisory. They spend half their time supervising physicians, nurses, lab and radiology technicians and others who work in university student health centers. Supervising Registered Nurses III are included in Unit 2 because although they substitute for register nurses IV, there is no showing how often they perform these duties. Department chairpersons are included within CSU Unit 3. Although they perform some supervisory functions, they perform these duties in a collegial manner on behalf of the faculty and not the administration. Their inclusion in the unit with other faculty members will not pose conflicts of interest or divided loyalties. Assistant director of the library is included in CSU Unit 3. The assistant director performs only minor personnel functions such as Assistant director of the library is included in CSU Unit 3. The assistant director performs only minor personnel functions such as ultimate hiring decisions. Supervising librarians are included in CSU Unit 3. The bulk of the evidence shows that these employees work at reference desks and supervise non-unit employees and have only minimal supervisory duties for unit members. Supervising Student Affairs Officers III and IV are included in CSU Unit 4. There is insufficient evidence to show what supervisory tasks are performed by the student affairs officers and how much time they occupy performing those tasks. The Educational Television Program Director, San Diego State University, is included in CSU Unit 4. The program director works closely with groups participating in the campus television schedule. There is not evidence of supervisory duties. The Director of Small College and Experimental Education, Dominguez There is not evidence of supervisory duties. The Director of Small College and Experimental Education, Dominguez the director exercises is done in consultation with the facility. Student Affairs Assitants III and IV are included in CSU Unit 4. While their jobs require them to have a thorough familiarity with relevant regulations and policies, they do not exercise any supervisory or managerial authority. Supervising Student Affairs Assistants II, III and IV are all included in CSU Unit 4. Although they are involved in discipline, assignment of work and hiring, there is no evidence demonstrating they exercise these duties over unit members. Supervising Library Assistants I, II and III are all included in CSU Unit 4. Although these employees serve as heads of various sections in the library, their supervisory functions are exercised only with respect to clerical employees and student assistants. The Supervising Credential Analyst is excluded from CSU Unit 4 as supervisory. The analyst directly supervises a staff of credential The Supervising Credential Analyst is excluded from CSU Unit 4 as supervisory. The analyst directly supervises a staff of credential The Evaluation Technicians II are excluded from CSU Unit 4 as supervisory. The technicians hire, assign work, evaluate technicians and coordinates work schedules. more or view all topics or full text. | 5 | 12120 | 09/22/81 |
| 0119S | State of California, Department of Forestry (California District of Forestry Employees Association) 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Supervisors Supervisors are excluded from Dills Act; therefore, PERB cannot adjudicate resolutions of supervisors' rights; pp. 10-11. Even though supervisors are excluded from Dills Act, State policy which prohibits supervisors from supporting a particular employee organization interferes with "rank and file" employees' rights under the Act to have freeflow of information among supervisory and rank- and-file members of employee organization; pp. 11-14. more or view all topics or full text. | 4 | 11046 | 03/25/80 |
| 0122E | Sacramento City Unified School District 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Supervisors To determine who is a supervisor PERB must look to the actual job duties of the employee in question; lengthy discussion of NLRA definition of supervisor; pp. 4-11. more or view all topics or full text. | 4 | 11052 | 03/25/80 |
| 0118S | Professional Engineers in CA Government (Professional Engineers in California Government) 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Supervisors 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. | 4 | 11045 | 03/19/80 |
| 0101E | Berkeley Unified School District 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Supervisors Board held the following to be supervisory: department chairperson based on authority to assign classes, resolve grievances, discipline and evaluate; teacher director based on hiring of staff for the school; head counselor due to similarity to department chairperson; grade coordinator because of their authority to direct work of counselors and supervisory authority; junior high school dean based on supervision of counseling staff and authority to resolve grievances; and head teacher because of authority to direct work of staff, resolve grievances, issue formal evaluations and recommend dismissal. more or view all topics or full text. | 3 | 10112 | 08/28/79 |
| 0055E | Marin Community College District 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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. Maintenance supervisor, custodial supervisor, assistance custodial supervisor and security supervisor not supervisors--see proposed dec. pp. 19-24. more or view all topics or full text. | 2 | 2130 | 06/26/78 |
| 0049E | San Mateo Union High School District 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Supervisors Skilled crafts foremen not supervisors. more or view all topics or full text. | 2 | 2074 | 03/22/78 |
| 0050E | Oakland Unified School District 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Supervisors Supervising custodians not supervisors within meaning of statute. more or view all topics or full text. | 2 | 2089 | 04/14/78 |
| 0041E | Carlsbad Unified School District 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Supervisors Mere substitution for a 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 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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 |
| 0024E | Pleasanton Joint Elementary School District 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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. 81 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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 |
| 0014E | New Haven Unified School District 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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 |
| 0015E | Oakland Unified School District 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Supervisors Children's Center assistant supervisors are not supervisory employees. more or view all topics or full text. | 1 | 137 | 03/28/77 |
| 0010E | Foothill-DeAnza Community College District 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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 |
| 0008E | San Diego Unified School District 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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. Judgment required of employee in planning, scheduling and assigning work to subordinates not rendered routine merely because work of subordinates is manual labor. Physical presence during entire work shift to observe work is not a condition precedent to finding of supervisory status. more or view all topics or full text. | 1 | 33 | 02/18/77 |
| 0081E | Hartnell Community College District 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Supervisors 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. 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; pp. 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 |
| 0064E | Marin Community College District 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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 200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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 supervisor, 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 |