Decision 0351Ha – California State University (SUPA)

LA-UM-252-H (LA-HR-8)

Decision Date: May 30, 1984

Decision Type: PERB Decision

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Perc Vol: 8
Perc Index: 15097

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.10000 – Request for Reconsideration

Reconsideration means to review a previous matter implies that the same body that first issued the decision would review it and rule again. Request for reconsideration does not include right to reexamination by other than original panel of Board.

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

Determination of lack of supervisory status based upon totality of evidence presented. Sergeants did not possess or exercise independent judgment when administering disciplinary action, but rather ordered in accordance with the superior's opinion. Including 59 contested positions would have resulted in 100 persons supervising 197 non-supervisors, sufficient distinction from Grayhound case (NLRB) where 121 dispatchers supervised 3,000 drivers, to hold different conclusion. Mere potential to resolve informal grievances, is insufficient to support finding of supervisory status, and evidence showed day-to-day disputes were reconciled by sergeants, not as agents for the employer, but as co-workers concerned with reducing disruption of the work environment. MOU between the parties does not make sergeants but as co-workers concerned with reducing disruption of the work environment. MOU between the parties does not make sergeants

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.09000 – Law Enforcement

Determination of lack of supervisory status based upon totality of evidence presented. Sergeants did not possess or exercise independent judgment when administering disciplinary action, but rather ordered in accordance with the superior's opinion. Including 59 contested positions would have resulted in 100 persons supervising 197 non-supervisors, sufficient distinction from Greyhound case (NLRB) where 121 dispatchers supervised 3,000 drivers, to hold different conclusion. Mere potential to resolve informal grievances, is insufficient to support finding of supervisory status, and evidence showed day-to-day disputes were reconciled by sergeants, not as agents for the employer, but as co-workers concerned with reducing disruption of the work environment. MOU between the parties does not make sergeants but as co-workers concerned with reducing disruption of the work environment. MOU between the parties does not make sergeants

1310.00000 – REPRESENTATION ISSUES; UNIT MODIFICATION
1310.02000 – Change in Circumstances

MOU between the parties does not make sergeants supervisory nor does it override decision made by the Board.

1311.00000 – REPRESENTATION ISSUES; JUDICIAL REVIEW, REPRESENTATION, DECISIONS
1311.01000 – In General

Board declines to join in request for judicial review where request is not more than disagreement with Board's decision and Board believes its decision is well-founded.

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

32410(a) - dosen't contemplate the parties determining which Board member will decide the request for reconsideration. 32500(c) - Board declines to join request for judicial review.

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.04000 – Supervisors

Determination of lack of supervisory status based upon totality of evidence presented. Sergeants did not possess or exercise independent judgment when administering disciplinary action, but rather ordered in accordance with the superior's opinion. Including 59 contested positions would have resulted in 100 persons supervising 197 non-supervisors, sufficient distinction from Greyhound case (NLRB) where 121 dispatchers supervised 3,000 drivers, to hold different conclusion. Mere potential to resolve informal grievances, is insufficient to support finding of supervisory status, and evidence showed day-to-day disputes were reconciled by sergeants, not as agents for the employer, but as co-workers concerned with reducing disruption of the work environment. MOU between the parties does not make sergeants but as co-workers concerned with reducing disruption of the work environment. MOU between the parties does not make sergeants