Decision 1112E – Rocklin Teachers Professional Association (Romero)

S-CO-342

Decision Date: August 10, 1995

Decision Type: PERB Decision

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Perc Vol: 19
Perc Index: 26122

Decision Headnotes

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

Management employees are specifically excluded from the statutory definition of "employee" included in the EERA and therefore lack standing to file an unfair practice charge; p. 4.

407.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH DECERTIFICATION OR RIVAL UNION PETITION
407.04000 – Employer Favoritism/Absence of Strict Neutrality

A public school employer must maintain "strict neutrality" in the face of organizational activity and may restrict the participation of supervisory employees in the preelection activities of nonsupervisory employees in order to maintain a position of neutrality; p. 5.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

A management employee lacks standing to file an unfair practice charge; p. 4.

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

The hiring and assignment of employees are among the functions of a supervisory employee as specifically enumerated in the EERA; p. 3. An employer may restrict the participation of supervisory employees in the preelection activities of nonsupervisory employees in order to maintain a position of neutrality; p. 5.

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

The hiring and assignment of employees are among the functions of a supervisory employee as specifically enumerated in the EERA; p. 3. An employer may restrict the participation of supervisory employees in the preelection activities of nonsupervisory employees in order to maintain a position of neutrality; p. 5.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.02000 – Discrimination Favoring Organization Over Another

A public school employer must maintain "strict neutrality" in the face of organizational activity and may restrict the participation of supervisory employees in the preelection activities of nonsupervisory employees in order to maintain a position of neutrality; p. 5.