All notes for Subtopic 200.07000 – Temporary, Part-Time or Substitute Employees

DecisionDescriptionPERC Vol.PERC IndexDate
2479E Los Angeles Unified School District
200.7000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Temporary, Part-Time or Substitute Employees
Substitute employees are “at-will” under the Education Code and, as provided therein, subject to dismissal at any time; they are not entitled to Education Code due process procedures afforded permanent school employees; substitute employees are, however, “public school employees” with the meaning of EERA and, as provided therein, enjoy the same rights to form, join and participate in the activities of employee organizations of their own choosing as any other public school employee; the elements of a prima facie case remain the same, regardless of an employee’s at-will or similar status and regardless of the procedural protections to which the employee might be entitled to in a different forum. more or view all topics or full text.
4016604/20/16
2441E Poway Unified School District
200.7000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Temporary, Part-Time or Substitute Employees
Casual employees are those who have a sporadic or intermittent relationship with the employer and therefore lack a sufficient community of interest with regular employees to be included in the regular unit. Criteria for distinguishing “casual” employees from employees with collective bargaining rights include a lack of reasonable expectation of future employment with that employer. more or view all topics or full text.
403506/29/15
1224S State of California (Department of Corrections) (Martin)
200.7000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Temporary, Part-Time or Substitute Employees
Article VII, section 1 of the California Constitution states that the civil service includes every employee of the state "except as otherwise provided in this Constitution" and Article VII, section 4 lists thirteen specific exemptions; charging party was a temporary employee, which was not one of the specific exemptions. Therefore, charging party was a "state employee" for purposes of the Dills Act; pp. 4-5. Dills Act rights extend to "any civil service employee of the State," and does not expressly exclude temporary employees; therefore, Martin was a state employee under the Dills Act and PERB has jurisdiction over the case; pp. 7-8. more or view all topics or full text.
222900410/31/97
0474E Davis Joint Unified School District
200.7000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Temporary, Part-Time or Substitute Employees
Temporary teachers are covered by the Act and appropriately in certificated unit; pp. 19-24. more or view all topics or full text.
91604512/31/84
0320E Oakland Unified School District
200.7000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Temporary, Part-Time or Substitute Employees
Substitutes are employees under EERA. Cites Palo Alto USD/ Jefferson USD. more or view all topics or full text.
71418306/20/83
0290H Unit Determination for Technical Skilled Crafts, Service and Professional Employees of the University of California (Lawrence Livermore National Laboratory)
200.7000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Temporary, Part-Time or Substitute Employees
Indeterminate-time employees are those hired to work on an intermittent basis during peak workloads or when there is a need for their specialized skills; p. 6. Temporary employee is one who is hired to work a fixed term of less than one year; p. 10. more or view all topics or full text.
71408603/04/83
0107E Redwood City Elementary School District
200.7000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Temporary, Part-Time or Substitute Employees
Summer school teachers considered employees under the Act; summer school teachers included in unit with regular teachers; p. 2 and pp. 10-12, proposed dec. more or view all topics or full text.
31013710/23/79
0084E Palo Alto Unified School District/Jefferson Union High School District
200.7000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Temporary, Part-Time or Substitute Employees
Choice of negotiating agent for substitute teachers should be limited to those substitutes with an established interest in employment relations with the district, therefore, those on current substitute list who were employed at least 10% of pupil school days previous year or 10% of current school year are eligible to vote; p. 10. Substitute teachers are covered by EERA; substitutes not one of expressly excluded groups and casual status is not determinative; casual status is, instead, a unit issue; pp. 3-6. more or view all topics or full text.
31002001/09/79
0007E Belmont Elementary School District
200.7000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Temporary, Part-Time or Substitute Employees
Part-time teachers who work regularly but less than full time are not casual employees. more or view all topics or full text.
12712/30/76