All notes for Subtopic 200.07000 – Temporary, Part-Time or Substitute Employees
|Decision||Description||PERC Vol.||PERC Index||Date|
Los Angeles Unified School District|
200.7000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Temporary, Part-Time or Substitute EmployeesSubstitute 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.
Poway Unified School District|
200.7000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Temporary, Part-Time or Substitute EmployeesCasual 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.
State of California (Department of Corrections) (Martin)|
200.7000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Temporary, Part-Time or Substitute EmployeesArticle 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.
Davis Joint Unified School District||9||16045||12/31/84|
Oakland Unified School District||7||14183||06/20/83|
Unit Determination for Technical Skilled Crafts, Service and Professional Employees of the University of California (Lawrence Livermore National Laboratory)||7||14086||03/04/83|
Redwood City Elementary School District||3||10137||10/23/79|
Palo Alto Unified School District/Jefferson Union High School District||3||10020||01/09/79|
Belmont Elementary School District||1||27||12/30/76|