Decision 0083E – Jefferson Union High School District * * * VACATED by Order of the Board dated April 13, 1979

SF-R-573

Decision Date: January 4, 1979

Decision Type: PERB Decision

* * * VACATED by Order of the Board dated April 13, 1979 * * *

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Perc Vol: 3
Perc Index: 10013

Decision Headnotes

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

Building and grounds supervisors are supervisors, as they assign work and overtime hours, grant time off, are responsible for evaluations and have some disciplinary authority; p. 4, proposed dec. Record inadequate to support appropriateness of proposed supervisory unit because further evidence is necessary to determine if certain employees stipulated to be managerial are actually supervisors properly in the unit; pp. 2, 11. (Decision vacated.)

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.18000 – Review of Findings Not Excepted To

Board will not normally question the managerial or supervisorial status of employees unless exceptions are filed, but when the record reveals a likelihood that the law has been misinterpreted or misapplied, the Board has a duty to correct it; p. 8. (Decision vacated.)

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

Case remanded for further evidence on positions stipulated as managerial to determine if they are actually supervisorial (Board not bound by stipulation on legal conclusions); pp. 8-11. (Decision vacated.)

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.17000 – Stipulations

Board has obligation to look into entire record and is not bound by stipulations on legal conclusions to be drawn from stipulated facts, therefore, Board will examine whether those stipulated to be managerial employees actually meet the statutory criteria; p. 7. (Decision vacated.)

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

Board agrees that stipulated facts support conclusion that accountant and three secretaries are confidential employees because they have regular access to strategic district negotiation information; p. 6. Deputy supt. for personnel, asst. supt. for business and asst. supt. for educ. services are managerial, as each plays significant and autonomous roles in district policymaking; p. 7. Making recommendations concerning district policy does not necessarily meet criteria of 3540.1(g); p. 8. Mere administration of a district program does not compel conclusion that employee is managerial ("or" in sec. 3540.1(g) must be construed as "and" in order to achieve obvious purposes of the Act; p. 10. Case remanded for further testimony to determine if certain employees stipulated to be management are actually supervisors; pp. 8-11. (Decision vacated.) management are actually supervisors; pp. 8-11. (Decision vacated.)