Decision 0727S – State of California (Department of Personnel Administration) (California Union of Safety Employees)
Decision Date: April 3, 1989
Decision Type: PERB Decision
Perc Vol: 13
Perc Index: 20075
1405.01000 – In General
Original unit determination proceedings are not similar to a prior judicial adjudication of a disputed action between two parties. Nor was present exclusive representative a party to the original proceedings.
200.04000 – Supervisors
"Substantially similar" duties of Gov. Code section 3522.1 will exclude employees when their duties reach the point at which supervisory obligation to the employer outweights the employee's entitlement to the rights afforded rank and file employees; p. 18, proposed dec. Where an employee's participation in the evaluation process is subject to substantial review and approval, or where it follows a routine course prescribed by existing policy that participation will not be considered an indicator of supervisory status; p. 26, proposed dec.
1309.13000 – Supervisors
Original unit determination proceedings are not similar to a prior judicial adjudication of a disputed action between two parties, and therefore res judicata principles will not attach, allowing a unit modification petition to go forward; p. 4. Supervision of seasonal employees that includes discretion to recruit, interview, hire, determine need, evaluate, discipline and/or discharge, assign and schedule without any review or consultation with higher authority are indices of supervisory authority "in the interest of the employer;" pp. 21-22, proposed dec. Since Ranger II duties of supervision of seasonal employees is virtually unfettered, the over all duties of Ranger II are not substantially similar to those of Ranger I and therefore where II position has subordinates it will exclude from the unit; p. 32, proposed dec. position has subordinates it will exclude from the unit; p. 32, proposed dec.
1310.01000 – In General
Present exclusive representative that was not a party to stipulations regarding supervisory employees in the original unit determination proceedings, will not be prohibited from petitioning for a change by the doctrine of res judicata; p. 5.