Decision 1665E – Los Angeles Unified School District

LA-CE-4248-E; LA-UM-679-E

Decision Date: July 27, 2004

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 232

Decision Headnotes

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

Board affirmed that a “management employee” under EERA must have significant responsibilities both for the formulation of district policies and the administration of district programs. Among the factors distinguishing a management employee from a non-management employee is the ability to waive or deviate from established policy, and the presence or absence of a relatively intimate relationship with a school district’s superintendent or governing board. Applying these principles, Board found 17 of 25 disputed classifications to be managerial, while the other 8 were found to be within the supervisor’s unit.

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.03000 – Students

Board affirmed that a “management employee” under EERA must have significant responsibilities both for the formulation of district policies and the administration of district programs. Among the factors distinguishing a management employee from a non-management employee is the ability to waive or deviate from established policy, and the presence or absence of a relatively intimate relationship with a school district’s superintendent or governing board. Applying these principles, Board found 17 of 25 disputed classifications to be managerial, while the other 8 were found to be within the supervisor’s unit.

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

Board affirmed that a “management employee” under EERA must have significant responsibilities both for the formulation of district policies and the administration of district programs. Among the factors distinguishing a management employee from a non-management employee is the ability to waive or deviate from established policy, and the presence or absence of a relatively intimate relationship with a school district’s superintendent or governing board. Applying these principles, Board found 17 of 25 disputed classifications to be managerial, while the other 8 were found to be within the supervisor’s unit.

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

Board affirmed that a “management employee” under EERA must have significant responsibilities both for the formulation of district policies and the administration of district programs. Among the factors distinguishing a management employee from a non-management employee is the ability to waive or deviate from established policy, and the presence or absence of a relatively intimate relationship with a school district’s superintendent or governing board. Applying these principles, Board found 17 of 25 disputed classifications to be managerial, while the other 8 were found to be within the supervisor’s unit.