Decision 0087E – Rio Hondo Community College District
LA-R-111
Decision Date: January 25, 1979
Decision Type: PERB Decision
Perc Vol: 3
Perc Index: 10027
Decision Headnotes
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.
1309.08000 – 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.
1309.04000 – 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.
1107.18000 – 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.
1104.04000 – 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.
1309.03000 – 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.