Decision 0013E – Lompoc Unified School District

LA-R-38-E, 268-E

Decision Date: March 17, 1977

Decision Type: PERB Decision

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Perc Vol: 1
Perc Index: 80

Decision Headnotes

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

Supervisor of nurses excluded from bargaining unit as supervisor. Migrant Education Coordinator excluded from bargaining unit as supervisor.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.05000 – Established Practices

Representation in grievances under Winton Act has little bearing on unit determination.

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

Application of NLRB law to determine definition of management employee.

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

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

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.