Decision 0084E – Palo Alto Unified School District/Jefferson Union High School District

SF-R-497, 550

Decision Date: January 9, 1979

Decision Type: PERB Decision

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Perc Vol: 3
Perc Index: 10020

Decision Headnotes

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

Peralta presumption, which was to have only prospective effect, will not be applied, so as to avoid disruption of established units; unit of substitutes appropriate since they share a community of interest among themselves and evidence of established practices and effect on efficiency of operations does not indicate such a unit would be inappropriate; unit should include all substitutes employed by the district; pp. 7-10.

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

Fact that substitutes do not hold "positions" does not mean that they may not be part of a negotiating unit; pp. 6-7.

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
1303.07000 – Voter Eligibility/Lists/Home Addresses

Choice of negotiating agent for substitute teachers should be limited to those substitutes with an established interest in employment relations with the district, therefore, those on current substitute list who were employed at least 10% of pupil school days previous year or 10% of current school year are eligible to vote; p. 10.

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.07000 – Temporary, Part-Time or Substitute Employees

Choice of negotiating agent for substitute teachers should be limited to those substitutes with an established interest in employment relations with the district, therefore, those on current substitute list who were employed at least 10% of pupil school days previous year or 10% of current school year are eligible to vote; p. 10. Substitute teachers are covered by EERA; substitutes not one of expressly excluded groups and casual status is not determinative; casual status is, instead, a unit issue; pp. 3-6.