Decision 0004E – Sweetwater Union High School District

LA-R-27-28, 696

Decision Date: November 23, 1976

Decision Type: PERB Decision

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Perc Vol: 1
Perc Index: 10

Decision Headnotes

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.04000 – Efficiency of Operation

Efficiency of employer operation is only one of three criteria for unit determination.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.03000 – Community of Interest

Instructional aide unit appropriate based on distinct community of interest. Instructional aide who performs mainly clerical tasks and has little student interaction is not included in this unit.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.01000 – In General/Definition of Appropriate Unit

Little weight given to established practices as related to unit composition under the Winton Act. Office-technical and business services employees are an appropriate unit based on separate and district community of interest. Transportation, custodial-gardening, cafeteria and maintenance employees along with warehouseman and delivery man share a community of interest and constitute an appropriate unit.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.13000 – Supervisors

Performance of any one of the enumerated actions or the effective power to recommend such action is sufficient to make one a supervisor under 35410.1(m). Head custodian effectively recommends hiring because his hiring recommendations are consistently solicited and adopted by higher authority, and is therefore excluded from the unit. Authority to regularly inspect the work of others and to direct others to correct improperly performed work constitutes responsible direction of work performance. Occasional routine assignments to other employees in a manner not requiring exercise of independent judgement insufficient to Occasional routine assignments to other employees in a manner not requiring exercise of independent judgement insufficient to

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.03000 – NLRA/LMRDA Precedent

Citing Fire Fighters Union v. City of Vallejo, PERB considers the decisions of the NLRB and other state public employment relations boards in reaching its decision.