Decision 0173H – Unit Determination - California State University and Colleges (Professional)
LA-RR-1001, 1001-1-1001-3, 1002; PC-1002; IP-2
Decision Date: September 22, 1981
Decision Type: PERB Decision
Perc Vol: 5
Perc Index: 12120
200.02000 – Managerial and Confidential
The directors of athletics are excluded from CSU Unit 3 as managerial and/or supervisory. The directors prepare and administer the athletic budget, the grant and aid program to student athletes and make recommendations on appointments. The Educational Television Station Manager, San Diego State University is excluded from CSU Unit 4 as managerial. The manager coordinates and supervises the financial affairs of the station, recommends policies and procedures, evaluates the effectiveness of the station's operations. Student Affairs Program Officers III, IV and V have the primary responsibility for deciding the direction of the student affairs program, determining relevant policy issues and initiating new programs and services. Medical Officers III are excluded from CSU Unit 1 as being either programs and services. Medical Officers III are excluded from CSU Unit 1 as being either Supervising Registered Nurses IV are excluded from Unit 2 as managerial because they spend minimal time on patient care and occupy 90 percent of their time in overall direction and management of nursing services. The resident directors, international programs, are excluded from Unit 3 as a managerial employee. The directors hire faculty, determine promotion or retention status of faculty, and negotiate on behalf of CSU with foreign governments. The associate director of the library is excluded from CSU Unit 3 as management. The associate director is responsible for determining the budget for the library and disbursing the library budget among its various departments. The Director, Southern California Ocean Studies Consortium is excluded from CSU Unit 4 as managerial or supervisory. The director has The Director, Southern California Ocean Studies Consortium is excluded from CSU Unit 4 as managerial or supervisory. The director has The Coordinator, Area and Interdisciplinary Studies, is excluded from CSU Unit 4 as managerial. The coordinator is responsible for developing policy and programs, allocating the budget and exercising general supervision over the interdisciplinary studies program. The academic specialist is excluded from CSU Unit 3 as confidential. The specialists serve as management's representatives in grievance and disciplinary proceedings, functioning as the equivalent of a prosecuting attorney for CSU.
200.01000 – In General
Summer instructional faculty and substitutes are not excluded from faculty bargaining unit at CSU as being casual. These classifications are filled by faculty members who have the same training and background as other CSU instructors.
200.04000 – Supervisors
Medical Officers II are excluded from CSU Unit 1 as being supervisory. They spend half their time supervising physicians, nurses, lab and radiology technicians and others who work in university student health centers. Supervising Registered Nurses III are included in Unit 2 because although they substitute for register nurses IV, there is no showing how often they perform these duties. Department chairpersons are included within CSU Unit 3. Although they perform some supervisory functions, they perform these duties in a collegial manner on behalf of the faculty and not the administration. Their inclusion in the unit with other faculty members will not pose conflicts of interest or divided loyalties. Assistant director of the library is included in CSU Unit 3. The assistant director performs only minor personnel functions such as Assistant director of the library is included in CSU Unit 3. The assistant director performs only minor personnel functions such as ultimate hiring decisions. Supervising librarians are included in CSU Unit 3. The bulk of the evidence shows that these employees work at reference desks and supervise non-unit employees and have only minimal supervisory duties for unit members. Supervising Student Affairs Officers III and IV are included in CSU Unit 4. There is insufficient evidence to show what supervisory tasks are performed by the student affairs officers and how much time they occupy performing those tasks. The Educational Television Program Director, San Diego State University, is included in CSU Unit 4. The program director works closely with groups participating in the campus television schedule. There is not evidence of supervisory duties. The Director of Small College and Experimental Education, Dominguez There is not evidence of supervisory duties. The Director of Small College and Experimental Education, Dominguez the director exercises is done in consultation with the facility. Student Affairs Assitants III and IV are included in CSU Unit 4. While their jobs require them to have a thorough familiarity with relevant regulations and policies, they do not exercise any supervisory or managerial authority. Supervising Student Affairs Assistants II, III and IV are all included in CSU Unit 4. Although they are involved in discipline, assignment of work and hiring, there is no evidence demonstrating they exercise these duties over unit members. Supervising Library Assistants I, II and III are all included in CSU Unit 4. Although these employees serve as heads of various sections in the library, their supervisory functions are exercised only with respect to clerical employees and student assistants. The Supervising Credential Analyst is excluded from CSU Unit 4 as supervisory. The analyst directly supervises a staff of credential The Supervising Credential Analyst is excluded from CSU Unit 4 as supervisory. The analyst directly supervises a staff of credential The Evaluation Technicians II are excluded from CSU Unit 4 as supervisory. The technicians hire, assign work, evaluate technicians and coordinates work schedules.
200.05000 – Other Excluded Employees
The Vocational Instructor, Building Program, is excluded from CSU Unit 1 through 4 because the instructor has no community of interest with employees in those units. However, there is no evidence that the instructor is managerial or supervisory but is excluded because there is no community of interest with any of the four created units. The instructor's placement is left undecided.
1309.01000 – In General/Definition of Appropriate Unit
Unit determination criteria for higher education employer cannot be reviewed in isolation from one another. There is substantial interplay among the various criteria. Unit of physicians (Unit 1) is appropriate for the California State University based upon internal and occupational community of interest. Physicians have ethical and legal responsibilities which set them apart from other student health care employees. There is a potential for conflict if they are placed in the same unit as other health care workers who they direct. Unit of health care support employees (Unit 2) is appropriate for CSU even though it contains both professional and non-professional employees. Strong community of interest overcomes the rebuttable presumption that health care professionals in this unit should be placed in small separate units. presumption that health care professionals in this unit should be placed in small separate units. temporary instructors, are an occupational group that share a community of interest. All faculty members perform functionally related services and work toward established common goals. All types of faculty share classroom teaching as their primary function. Librarians and coaches share the community of interest and belong in the same unit as instructors. Unit of all academic support members (Unit 4) is appropriate for CSU. Among others, the unit contains student affairs officers and assistants and various classes of employees who deal with students. This unit is appropriate even though it contains both professional and non-professional employees. Strong community of interest overcomes the rebuttable presumption that professional employees should be in their own separate units. their own separate units.