Decision 0820E – Hemet Unified School District

Employee who types documents, handles correspondence, and gathers information relating to grievances, and who has access to employee personnel files and other confidential information in the regular course of her duties is a confidential employee within the meaning of EERA section 3540.1(c); pp. 18-20. Evidence that, in regular course of her duties, employee has access to or possession of confidential status, regardless of employee's failure to actually have performed full extent of duties at time of hearing, is sufficient for finding that position is confidential; p. 20.

Supervisory status indicated where employee effectively recommends hiring and the ultimate outcome of the evaluation process, and assigns work, under circumstances which require her to exercise independent judgment in connection therewith; pp. 13-14. No supervisory status where employee acts as a lead person with no true supervisory authority; pp. 11-13 and pp. 16-17. No supervisory status where employee does not assign or direct work of other employees; pp. 15-16.

Deference given to ALJ's credibility determinations; p. 12.

"Community of interest" not a factor to be addressed where "appropriateness of the unit" is not at issue, as is the case where unit modification petition seeks to simply add unrepresented positions to existing unit; p. 10.

Supervisory status indicated where employee effectively recommends hiring and the ultimate outcome of the evaluation process, and assigns work, under circumstances which require her to exercise independent judgment in connection therewith; pp. 13-14. No supervisory status where employee acts as a lead person with no true supervisory authority; pp. 11-13 and pp. 16-17. No supervisory status where employee does not assign or direct work of other employees; pp. 15-16.

Individual analysis approach appropriate in unit modification case where same disputed position is held by several different employees at different work sites; pp. 6-9.

Parties' existing agreements regarding unit placement are not binding where unit placement dispute has arisen and one party to agreement brings dispute before PERB for resolution pursuant to unit modification procedures; pp. 3-5. "Individual analysis" approach appropriate in unit modification case where same disputed position is held by several different employees at different work sites; pp. 6-9.