All notes for Subtopic 200.05000 – Other Excluded Employees
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 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 200.05000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Other Excluded Employees * * * OVERRULED by Stats. 2011, ch. 674 (A.B. 501), § 1, and Center Unified School District (2014) PERB Decision No. 2379, which provide that non-classified, non-certificated noon duty aides are included in EERA’s definition of “public school employee” even though the Education Code expressly excludes such employees from the definition of “classified service.” * * *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. | 34 | 120 | 08/09/10 |
| 2044M | County of Sacramento 200.05000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Other Excluded Employees Retirees are not protected by the MMBA as they are not persons employed by the public employer. more or view all topics or full text. | 33 | 126 | 06/30/09 |
| 2045M | County of Sacramento 200.05000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Other Excluded Employees Retirees are not protected by the MMBA as they are not persons employed by the public employer. more or view all topics or full text. | 33 | 127 | 06/30/09 |
| 2043M | County of Sacramento 200.05000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Other Excluded Employees Retirees are not protected by the MMBA as they are not persons employed by the public employer. more or view all topics or full text. | 33 | 122 | 06/30/09 |
| 0173H | Unit Determination - California State University and Colleges (Professional) 200.05000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Other Excluded Employees The Vocational Instructor, Building Program, is excluded from CSU Unit 1 through 4 because the instructor has no community of interest with employees in those units. However, there is no evidence that the instructor is managerial or supervisory but is excluded because there is no community of interest with any of the four created units. The instructor's placement is left undecided. more or view all topics or full text. | 5 | 12120 | 09/22/81 |
| 0007E | Belmont Elementary School District * * * OVERRULED IN PART by Peralta Community College District (1978) PERB Decision No. 77, pp. 13-15 * * * 200.05000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Other Excluded Employees Part-time teachers who work regularly but less than full time are not casual employees. more or view all topics or full text. | 1 | 27 | 12/30/76 |