Decision 1404E – West Contra Costa Unified School District

The Board has held that since section 3540.1(m) is written in the disjunctive, an employee need only perform or effectively recommend one of the enumerated functions or duties to be found to be a supervisor. (Sweetwater Union High School District (1976) EERB Decision No. 4 (Sweetwater). The performance of supervisory duties must include the use of independent judgement. Routine or clerical decision making which does not require the use of independent judgment precludes a finding of supervisory status. (Lincoln Unified School District (1997) PERB Decision No. 1194 (Lincoln) citing Unit Determination of the State of California (1980) PERB Decision No. 110c-S. Supervisory status will be afforded an employee if she or he has the authority to effectively recommend promotion, discharge or hiring. (Campbell.) However, conducting evaluations or effectively recommending the outcome of the evaluation process is only indicative of supervisory status when it can be shown to have an effect on promotions and terminations and when it is not subject to substantial review; In this case, there is no eveidence regarding the extent the recommendations are relied upon or modified. Such is not considered as "effective recommendation". (Lincoln; Hemet Unified School District (1990) PERB Decision No. 820; Sanger Unified School District (1989) PERB Decision No. 752 (Sanger); State of California, supra, PERB Decision No. 110c-S.) Supervisory authority found because the Cook Managers and Cafeteria Leadworkers decide whether to rotate staff assignments and whether to use a substitute to cover an absence; additionally, they are the only authority on-site and neither substantial review nor prior approval is required for them to carry out day-to-day operations of their kitchens. Cook Managers and Cafeteria Leadworkers also demonstrate supervisory authority by effectively recommending the authorization of overtime, coupled with the fact that their requests are never denied.

The Board has held that since section 3540.1(m) is written in the disjunctive, an employee need only perform or effectively recommend one of the enumerated functions or duties to be found to be a supervisor. (Sweetwater Union High School District (1976) EERB Decision No. 4 (Sweetwater). The performance of supervisory duties must include the use of independent judgement. Routine or clerical decision making which does not require the use of independent judgment precludes a finding of supervisory status. (Lincoln Unified School District (1997) PERB Decision No. 1194 (Lincoln) citing Unit Determination of the State of California (1980) PERB Decision No. 110c-S. Supervisory status will be afforded an employee if she or he has the authority to effectively recommend promotion, discharge or hiring. (Campbell.) However, conducting evaluations or effectively recommending the outcome of the evaluation process is only indicative of supervisory status when it can be shown to have an effect on promotions and terminations and when it is not subject to substantial review; In this case, there is no eveidence regarding the extent the recommendations are relied upon or modified. Such is not considered as "effective recommendation". (Lincoln; Hemet Unified School District (1990) PERB Decision No. 820; Sanger Unified School District (1989) PERB Decision No. 752 (Sanger); State of California, supra, PERB Decision No. 110c-S.) Supervisory authority found because the Cook Managers and Cafeteria Leadworkers decide whether to rotate staff assignments and whether to use a substitute to cover an absence; additionally, they are the only authority on-site and neither substantial review nor prior approval is required for them to carry out day-to-day operations of their kitchens. Cook Managers and Cafeteria Leadworkers also demonstrate supervisory authority by effectively recommending the authorization of overtime, coupled with the fact that their requests are never denied.