Decision 0004E – Sweetwater Union High School District
Decision Date: November 23, 1976
Decision Type: PERB Decision
Perc Vol: 1
Perc Index: 10
1309.04000 – Efficiency of Operation
Efficiency of employer operation is only one of three criteria for unit determination.
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.
1309.01000 – 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.
1309.13000 – 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
101.03000 – 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.