All notes for Subtopic 200.07000 – Temporary, Part-Time or Substitute Employees
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| A427E | Poway Unified School District 200.07000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Temporary, Part-Time or Substitute Employees The mere fact that an employee does not work a particular number of days or percentage of time does not, in and of itself, indicate that the employee does not share a community of interest with other unit members. Employees belong in bargaining unit if they have a reasonable expectation of continuing employment. There is a clear distinction between voter eligibility and unit membership eligibility. PERB generally includes employees in a bargaining unit regardless of how few hours they may work in a year but limits who decides whether to ben exclusively represented and if so by whom. PERB therefore does not use the "established interest formula” in assessing eligibility for unit membership. Substitute employees should be included in the bargaining unit, but the "established interest formula'' is the threshold for eligibility to participate in an election. more or view all topics or full text. | 40 | 35 | 06/29/15 |
| 2479E | Los Angeles Unified School District 200.07000: 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. | 40 | 166 | 04/20/16 |
| 2441E | Poway Unified School District 200.07000: 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. | 40 | 35 | 06/29/15 |
| 1224S | State of California (Department of Corrections) (Martin) 200.07000: 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. | 22 | 29004 | 10/31/97 |
| 0474E | Davis Joint Unified School District 200.07000: 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. | 9 | 16045 | 12/31/84 |
| 0320E | Oakland Unified School District 200.07000: 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. | 7 | 14183 | 06/20/83 |
| 0290H | Unit Determination for Technical Skilled Crafts, Service and Professional Employees of the University of California (Lawrence Livermore National Laboratory) 200.07000: 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. | 7 | 14086 | 03/04/83 |
| 0107E | Redwood City Elementary School District 200.07000: 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. | 3 | 10137 | 10/23/79 |
| 0084E | Palo Alto Unified School District/Jefferson Union High School District 200.07000: 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. | 3 | 10020 | 01/09/79 |
| 0007E | Belmont Elementary School District * * * OVERRULED IN PART by Peralta Community College District (1978) PERB Decision No. 77, pp. 13-15 * * * 200.07000: 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. | 1 | 27 | 12/30/76 |