Decision 1216S – State of California (Department of Forestry and Fire Protection)

SA-UM-595-S (SA-SR-8 & SA-SR-12)

Decision Date: August 27, 1997

Decision Type: PERB Decision

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Perc Vol: 21
Perc Index: 28144

Decision Headnotes

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

The performance of any one supervisory function renders an employee supervisory; p. 15. The performance of supervisory duties must involve the use of independent judgment. The opportunity to make a a clear choice between two or more significant alternate courses of action without broad review or approval. Routine or clerical decision making precludes a supervisory status finding; p. 16. Allocating regular work assignments, altering regular work schedules, assigning specific additional tasks and reviewing and correcting work demonstrate supervisory status; If the work is so routine or structured that assigning the work is ministerial, not supervisory; p. 16. Authorizing overtime and granting time off without prior approval indicates supervisory status; p. 17. If the final hiring, discipline and salary decision is reserved to persons far removed from an employee's immediate supervisor, the If the final hiring, discipline and salary decision is reserved to persons far removed from an employee's immediate supervisor, the afforded great weight; p. 17. Conducting evaluations, or effectively recommending the outcome of the evaluation process, indicates supervisory status. Evaluations subject to substantial review or approval, or following a routine course prescribed by past practice or existing policy, are insufficient to establish supervisory status; p. 18. Equally weighted participation on interview panels does not demonstrate that the employee effectively recommends the outcome of that process; p. 18. Under Dills Act section 3513(g), when the employee's duties reach the point that their involvement in supervisory functions outweighs the right to participate in rank and file unit activity, the employee's supervisory obligations preclude a finding that their duties are substantially similar to their subordinates' duties; p. 19. supervisory obligations preclude a finding that their duties are substantially similar to their subordinates' duties; p. 19. similar to subordinates' duties when the employee set work place priorities, participated in management meetings, prepared performance evaluations, approved vacation, overtime and compensatory time and scheduled subordinate work; p. 19.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.16000 – Disqualification or Bias of Board Agent

The Board will not consider an alleged conflict of interest by the Board agent when the party failed to follow the procedures prescribed by PERB Regulation 32155; p. 21; Evidence of bias should be brought to the Board's attention immediately. Self-serving unsubstantiated suggestion of bias do a disservice to PERB and discredit the alleging party.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.01000 – In General/Definition of Appropriate Unit

To rebut the presumptive validity of the original PERB state unit determination, the petitioning party must show the proposed modification is more appropriate; p. 12. When the SPB creates a new classification to recognize the unique duties that classification performs, and PERB never determined the appropriate placement for that series, the presumptive validity of PERB's original state unit determination does not apply; p. 12.

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

The performance of any one supervisory function renders an employee supervisory; p. 15. The performance of supervisory duties must involve the use of independent judgment. The opportunity to make a clear choice between two or more significant alternate courses of action without broad review or approval. Routine or clerical decision making precludes a supervisory status finding; p. 16. Allocating regular work assignments, altering regular work schedules, assigning specific additional tasks and reviewing and correcting work demonstrate supervisory status; If the work is so routine or structured that assigning the work is ministerial, not supervisory; p. 16. Authorizing overtime and granting time off without prior approval indicates supervisory status; p. 17. If the final hiring, discipline and salary decision is reserved to persons far removed from an employee's immediate supervisor, the If the final hiring, discipline and salary decision is reserved to persons far removed from an employee's immediate supervisor, the afforded great weight; p. 17. Conducting evaluations, or effectively recommending the outcome of the evaluation process, indicates supervisory status. Evaluations subject to substantial review or approval, or following a routine course prescribed by past practice or existing policy, are insufficient to establish supervisory status; p. 18. Equally weighted participation on interview panels does not demonstrate that the employee effectively recommends the outcome of that process; p. 18. Under Dills Act section 3513(g), when the employee's duties reach the point that their involvement in supervisory functions outweighs the right to participate in rank and file unit activity, the employee's supervisory obligations preclude a finding that their duties are substantially similar to their subordinates' duties; p. 19. supervisory obligations preclude a finding that their duties are substantially similar to their subordinates' duties; p. 19. similar to subordinates' duties when the employee set work place priorities, participated in management meetings, prepared performance evaluations, approved vacation, overtime and compensatory time and scheduled subordinate work; p. 19.

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

Since Regulation 32168(b) allows substitution of Board agents at the General Counsel's discretion in representation matters, PERB did not err in substituting a Board agent, who did not conduct the hearing, to prepare the proposed decision; p. 20. The Board will not consider an alleged conflict of interest by the Board agent when the party failed to follow the procedures prescribed by PERB Regulation 32155; p. 21; Evidence of bias should be brought to the Board's attention immediately. Self-serving unsubstantiated suggestion of bias do a disservice to PERB and discredit the alleging party.