Decision 0018E – Los Rios Community College District * * * OVERRULED IN PART by Hartnell Community College District (1979) PERB Decision No. 81
S-R-438
Decision Date: June 9, 1977
Decision Type: PERB Decision
* * * OVERRULED IN PART by Hartnell Community College District (1979) PERB Decision No. 81 * * *
Perc Vol: 1
Perc Index: 185
Decision Headnotes
1309.13000 – Supervisors
* * * OVERRULED IN PART ON OTHER GROUNDS by Hartnell Community College District (1979) PERB Decision No. 81. * * *
Application of 3540.1(m) to certificated community college employees must be viewed in light of long-standing traditions of collegiality and shared authority in higher education institutions. The fact that the employee in question is a certificated employee and the supervised employees are not is immaterial.
200.02000 – Managerial and Confidential
* * * OVERRULED IN PART ON OTHER GROUNDS by Hartnell Community College District (1979) PERB Decision No. 81. * * *
A person must possess both functions described in 3540.1(g) to be a manager. Exclusions from a broad grant of rights by the legislature must be strictly construed, language of section 3540.1(c) will be viewed narrowly. To be designated confidential, employee must function in that capacity more than a "fraction" of the time. The possibility of an employee performing duties warranting exclusion from the unit as confidential in the future is insufficient to exclude the position from the unit now.
1407.01000 – General Principles
* * * OVERRULED IN PART ON OTHER GROUNDS by Hartnell Community College District (1979) PERB Decision No. 81. * * *
Exclusions from a board grant of rights by the legislature must be strictly construed, language of section 3540.1(c) will be viewed narrowly.
1309.03000 – Community of Interest
* * * OVERRULED IN PART by Hartnell Community College District (1979) PERB Decision No. 81, where the Board found no basis for excluding from the unit part-time faculty who taught fewer than three of the last six semesters. * * *
Full-time and part-time instructors share a community of interest and should be in one unit. Established practices further dictate one unit.
1309.08000 – Classroom Teachers
* * * OVERRULED IN PART by Hartnell Community College District (1979) PERB Decision No. 81, where the Board found no basis for excluding from the unit part-time faculty who taught fewer than three of the last six semesters. * * *
Full-time and part-time instructors share a community of interest and should be in one unit. Established practices further dictate one unit.
200.04000 – Supervisors
* * * OVERRULED IN PART ON OTHER GROUNDS by Hartnell Community College District (1979) PERB Decision No. 81. * * *
Application of 3540.1(m) to certificated community college employees must be viewed in light of long-standing traditions of collegiality and shared authority in higher education institutions. The fact that the employee in question is a certificated employee and the supervised employees are not is immaterial.
1309.05000 – Established Practices
* * * OVERRULED IN PART by Hartnell Community College District (1979) PERB Decision No. 81, where the Board found no basis for excluding from the unit part-time faculty who taught fewer than three of the last six semesters. * * *
Full-time and part-time instructors share a community of interest and should be in one unit. Established practices further dictate one unit.