Decision 0384E – Modesto City Schools

S-UM-159-161

Decision Date: May 15, 1984

Decision Type: PERB Decision

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Perc Vol: 8
Perc Index: 15089

Decision Headnotes

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

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

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