Decision 0013E – Lompoc Unified School District
LA-R-38-E, 268-E
Decision Date: March 17, 1977
Decision Type: PERB Decision
Perc Vol: 1
Perc Index: 80
Decision Headnotes
1309.13000 – Supervisors
Supervisor of nurses excluded from bargaining unit as supervisor. Migrant Education Coordinator excluded from bargaining unit as supervisor.
1107.18000 – Review of Findings Not Excepted To
Board will refrain from deciding one of two proposed theories when a decision on one decides the case in favor of the party making the alternative arguments.
1309.05000 – Established Practices
Representation in grievances under Winton Act has little bearing on unit determination.
101.03000 – NLRA/LMRDA Precedent
Application of NLRB law to determine definition of management employee.
1309.03000 – Community of Interest
Adult Educations teachers do not share a community of interest with regular certificated employees. Homebound teachers do not share a community of interest with regular certificated employees.
1309.08000 – Classroom Teachers
Adult Educations teachers do not share a community of interest with regular certificated employees. Homebound teachers do not share a community of interest with regular certificated employees. Representation in grievances under Winton Act has little bearing on unit determination.
200.02000 – Managerial and Confidential
Board applies Flintkote decision to determine managerial status. Test is whether employee formulates and effectuates management policies by making operative decisions of employer and whether employee has discretion in his job independent of employer's established policy.
1107.17000 – Advisory Opinions
Board will refrain from deciding one of two proposed theories when a decision on one decides the case in favor of the party making the alternative arguments.