Decision 1194E – Lincoln Unified School District (California School Employees Association-Chapter 282)

SA-UM-598 (S-R-127)

Decision Date: April 30, 1997

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 21
Perc Index: 28090

Decision Headnotes

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

When analyzing a position with disputed supervisory status, the Board uses an individual analysis of each contested position or considers the typical duties of the position when the evidence indicates substantial uniformity in the duties of the disputed classification. The underlying principle of both approaches is that the Board must look at the actual nature of the work performed by the incumbents, rather than the work specified in the job description; p. 5. PERB evaluates EERA section 3540.1(m)'s indicia of supervisory status in the disjunctive; supervisory status may be found when an employee performs even one of the enumerated functions; p. 6; p. 35, proposed dec. The performance of supervisory duties must involve the use of independent judgment. Routine or clerical decision making without independent judgment precludes a supervisroy status finding; p. 36, independent judgment. Routine or clerical decision making without independent judgment precludes a supervisroy status finding; p. 36, is indicated when the performace of duties includes the opportunity to make a clear choice between two or moer significant alternative courses of action and the power to make that choice without broad review or approval; p. 36, proposed dec. The Board has not applied a standard of percentages to the performance of supervisory duties; p. 36, proposed dec. The final decision regarding hiring, discipline and salaries are traditionally reserved to persons far removed from the employees immediate supervisor. Therefore, the ability to indirectly, but effectively, bring about changes in employment status is accorded great weight and an employee will be found a supervisor if they have the authority to effectively recommend the promotion, discharge, or hiring of other employees; p. 36, proposed dec. Mere participation on any interview panel is not sufficient to hiring of other employees; p. 36, proposed dec. Mere participation on any interview panel is not sufficient to and selected the recommended candidate, the employee effectively recommended hiring; p. 37, proposed dec. Supervisory statuts has been found when the alleged supervisor allocates regular work assignments, alters regular (nxt.pg)

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

When analyzing a position with disputed supervisory status, the Board uses an individual analysis of each contested position or considers the typical duties of the position when the evidence indicates substantial uniformity in the duties of the disputed classification. The underlying principle of both approaches is that the Board must look at the actual nature of the work performed by the incumbents, rather than the work specified in the job description; p. 5. PERB evaluates EERA section 3540.1(m)'s indicia of supervisory status in the disjunctive; supervisory statuts may be found when an employee performs even one of the enumerated functions; p. 6; p. 35, proposed dec. The performance of supervisory duties must involve the use of independent judgment. Routine or clerical decision making without independent judgment precludes a supervisory status finding; p. 36, independent judgment. Routine or clerical decision making without independent judgment precludes a supervisory status finding; p. 36, is indicated when the performance of duties includes the opportunity to make a clear choice between two or more significant alternative courses of action and the power to make that choice without broad review or approval; p. 36, proposed dec. The Board has not applied a standard of percentages to the performance of supervisory duties; p. 36, proposed dec. The final decision regardinghiring, discipline and salaries are traditionally reserved to persons far removed from the employee's immediate supervisor. Therefore, the ability to indirectly, but effectively, bring about changes in employment statuts is accorded great weight and an employee will be found a supervisor if they have the authority to effectively recommend the promotion, discharge, or hiring of other employees; p. 36, proposed dec. Mere participation on any interview panel is not sufficient to hiring of other employees; p. 36, proposed dec. Mere participation on any interview panel is not sufficient to and selected the recommended candidate, the employee effectively recommended hiring; p. 37, proposed dec. Supervisory status has been found when the alleged supervisor allocates regular work assignments, alters regular assignments,

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

The substitution of a Board Agent, who did not conduct the hearing, occurred in accordance with PERB Regulation 32168(b); p. 7.