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 * * *

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Perc Vol: 1
Perc Index: 185

Decision Headnotes

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

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.

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.02000 – Managerial and Confidential

A person must possess both functions described in 3540.1(g) to be a manager. Exclusions from a board 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. exclude the position from the unit now.

1407.00000 – GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION
1407.01000 – General Principles

Exclusions from a board grant of rights by the legislature must be strictly construed, language of section 3540.1(c) will be viewed narrowly.

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

Full-time and part-time instructors share a community of interest and should be in one unit. Established practices further dictate one unit.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.08000 – Classroom Teachers

Full-time and part-time instructors share a community of interest and should be in one unit. Established practices further dictate one unit.

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.04000 – Supervisors

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.

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

Full-time and part-time instructors share a community of interest and should be in one unit. Established practices further dictate one unit.