Decision 0066E – Campbell Union High School District
Decision Date: August 17, 1978
Decision Type: PERB Decision
Perc Vol: 2
Perc Index: 2166
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Exceptions timely filed where actually received by PERB before stated date on document; p. 2.
1309.13000 – Supervisors
Lead custodians are supervisors because they effectively recommend the hire, promotion and discipline of employees, independently direct work and alter work assignments; pp. 8-9. Recognizing that in the public sector final decisions re: hiring, discipline, etc., are traditionally reserved to persons far removed from the employee's immediate supervision, the Board will give great weight to the ability to indirectly but effectively effectuate changes in employment status-- this is why EERA sec. 3540.1(m) speaks of authority to effectively recommend; p. 9. Board will rely upon exercise of supervisorial functions, not ratios of supervisors to (rank and file) employees, in determining who is a supervisor; p. 10.
200.02000 – Managerial and Confidential
Principals' secretaries (and secretary to director of continuation school) both have access to and possess confidential information, in the regular course of their duties, such that designation as confidential is justified; p. 4. "Employer-employee relations," as used in sec. 3540.1(c), includes, at minimum, negotiations and processing of grievances; pp. 3-4. Mere access to or possession of confidential information is insufficient--employee must function as such in regular course of duties, which means that "more than a 'fraction' of time must be spent in confidential matters"; p. 4. The employee must have such access to or possession of confidential information that the employer's ability to negotiate from an equal posture might be jeopardized . . . if the information was prematurely made public; p. 4. Total of 14 confidential employees (4.5%) does not violate "small nucleus" principle; p. 5. made public; p. 4. Total of 14 confidential employees (4.5%) does not violate "small nucleus" principle; p. 5.