Decision 0820E – Hemet USD

LA-UM-459

Decision Date: June 26, 1990

Decision Type: PERB Decision

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Perc Vol: 14
Perc Index: 21132

Decision Headnotes

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.02000 – Managerial and Confidential

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.

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

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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions

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

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.03000 – Community of Interest

"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.

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

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.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.14000 – Splitting of Classifications

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.

1310.00000 – REPRESENTATION ISSUES; UNIT MODIFICATION
1310.01000 – In General

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.