Decision 0384E – Modesto City Schools
Decision Date: May 15, 1984
Decision Type: PERB Decision
Perc Vol: 8
Perc Index: 15089
200.02000 – Managerial and Confidential
Test for management employee is whether an employee has "significant responsibilities for formulating and administering" District policies and programs; p. 13. Head teachers, program specialists, counselor assistants, not managerial.
200.03000 – Students
Following New Haven USD (1977) EERB Decision No. 14, Board found that psychologist-intern's employment interests predominate over her educational concerns and therefore she was an employee; pp. 5-8.
200.04000 – Supervisors
3540.1(m) is written in disjuncture. To be a supervisor, employee need only perform or recommend one of enumerated actions. Sporadic assignment of work, which doesn't involve independent judgment, insufficient to confer supervisory status; p. 14. Head teachers and counselor assistants, not supervisory. Program specialist is supervisory. Position of counselor-assistant to the principal is not managerial or supervisory.