Decision 0087E – Rio Hondo Community College District

LA-R-111

Decision Date: January 25, 1979

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 3
Perc Index: 10027

Decision Headnotes

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

(32320): While party's failure to except to an issue serves as a waiver of that party's right to except, it does not preclude the Board from reviewing unappealed matters; pp. 2-3. Though not excepted to, Board will exercise its jurisdiction over the issue of the appropriateness of the total unit and examine the exclusion of summer school instructors from the certificated unit.

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

Part-time instructors properly in unit with full-time instructors based on strong community of interest, particularly with regard to job functions; pp. 8-11; Follows Hartnell No. 81--Board will no longer require that part-time employees have taught 3 of past 6 semesters to be included in unit; p. 12. Summer session instructors share sufficient community of interest to be placed in unit with part-time and full-time instructors--due to identity of job functions and fact that almost all are also regular year instructors; pp. 13-15.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.04000 – Efficiency of Operation

No evidence presented that efficiency of operations would be impaired by placing part-time instructors in unit with full-time instructors--possibility of tenure rights for part-timers under Ed. Code irrelevant to unit placement; pp. 11-12. No evidence that efficiency of operations would be impaired by inclusion of summer session instructors in unit, in fact, given that nearly all also teach during the regular year; pp. 14-15.

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

While party's failure to except to an issue serves as a waiver of the party's right to except, it does not preclude the Board from reviewing unappealed matters; though not excepted to, Board will exercise its jurisdiction over the issue of the appropriateness of the total unit and examine the exclusion of summer school instructors from the certificated unit; pp. 2-3.

1104.00000 – CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ
1104.04000 – Substitution of ALJ

Hearing officer who renders proposed decision need not be the same hearing officer who heard the evidence; no evidence of prejudice from substitution; p. 15.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.03000 – Community of Interest

Part-time instructors properly in unit with full-time instructors based on strong community of interest, particularly with regard to job functions; pp. 8-11. Follows Hartnell No. 81--Board will no longer require that part-time employees have taught 3 of past 6 semesters to be included in unit; p. 12. Summer session instructors share sufficient community of interest to be placed in unit with part-time and full-time instructors--due to identity of job functions and fact that almost all are also regular year instructors; pp. 13-15.