Decision 0062E – Centinela Valley Union High School District

LA-R-233

Decision Date: August 7, 1978

Decision Type: PERB Decision

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Perc Vol: 2
Perc Index: 2163

Decision Headnotes

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.17000 – Stipulations

In unit determination cases, Board will scrutinize stipulated units to ensure they are consistent with EERA and established Board policies; policy of 3 presumptively appropriate classified units (see Sweetwater No. 4) is a sufficiently established policy to warrant overturning stipulated wall-to-wall unit pending examination of further evidence on remand; remand necessary because hearing officer merely accepted stipulated unit configuration; pp. 4-6.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.01000 – In General/Definition of Appropriate Unit

In unit determination cases, Board will scrutinize stipulated units to ensure they are consistent with EERA and established Board policies; policy of 3 presumptively appropriate classified units (see Sweetwater No. 4) is a sufficiently established policy to warrant overturning stipulated wall-to-wall unit pending examination of further evidence on remand; remand necessary because hearing officer merely accepted stipulated unit configuration; pp. 4-6.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.03000 – Remand for Further Hearing; Remand to General Counsel

Remand required so that hearing officer may examine propriety of stipulated unit configuration, as well as to take further evidence on whether disputed classifications are confidential; pp. 4-6.

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

Remand to hearing officer for taking of further evidence because record insufficient to determine if disputed classifications are confidential; pp. 7-9. Employers cannot unnecessarily distribute confidential information to many employees and then claim them as confidential--Board will examine the facts to determine if employees in question must necessarily have access to confidential information in the regular course of their normal duties; p. 7.