Decision 0081E – Hartnell Community College District

Part-time faculty share strong community of interest with full-time faculty and should be in same unit, whether or not they have taught 3 of the last 6 semesters therefore, Los Rios No. 18 and its progeny overruled; pp. 5-7.

While parties stipulated the dept. chairpersons were not supervisors (and instead disputed whether they were managerial), Board will examine issue to avoid improperly placing supervisors in rank and file unit; p. 8-9. Dept. chairs, while not managerial, are supervisors, as they, inter alia, schedule class assignments, hire part-time faculty and discipline faculty; pp. 9-14.

Board will not accept stipulations as to the ultimate conclusion of law before the Board; therefore, despite stipulation that dept. chairs not supervisors, Board will examine the issue to avoid improperly placing supervisors in rank and file unit; pp. 8-9.

Dept. chairs not managerial because they do not formulate district policy--what discretion they have is indicative of supervisory status, as it must conform to established policy; pp. 13-14.

Dept. chairs not managerial because they do not formulate district policy--what discretion they have is indicative of supervisory status, as it must conform to established policy; pp. 13-14. While parties stipulated the dept. chairpersons were not supervisors (and instead disputed whether they were managerial), Board will examine issue to avoid improperly placing supervisors in rank and file unit; pp. 8-9. Dept. chairs, while not managerial, are supervisors, as they, inter alia, schedule class assignments, hire part-time faculty and discipline faculty; pp. 9-14.

Part-time faculty share strong community of interest with full-time faculty and should be in same unit, whether or not they have taught 3 of the last 6 semesters therefore, Los Rios No. 18 and its progeny overruled; pp. 5-7.