Decision 1710E – Burbank Unifiied School District
LA-UM-707-E
Decision Date: November 22, 2004
Decision Type: PERB Decision
Description: The district challenged the status of two administrative secretaries and sought to exclude those positions from the classified unit as confidential employees.
Disposition: The Board accepted the district’s petition for one of the employees and denied it for the other. The Board made the denial based on the position that the supervisor’s duties have not changed over time and he deals with confidential issues in a general sense; there was no evidence how much of his duties pertain to employer-employee relations. The Board concluded that there was insufficient evidence to find that the secretary’s duties normally require access to confidential employer-employee relations-related information, or contributes to the development of management positions.
Perc Vol: 29
Perc Index: 14
Decision Headnotes
200.02000 – Managerial and Confidential
The Board found the administrative secretary to the Assistant Superintendent of Business Services, is not a confidential employee. Her supervisor’s duties have not changed appreciably over time. His participation in negotiations is limited to financial issues. When financial issues are not discussed, he participates rarely. He prepares financial proposals for the Superintendent but there was no evidence as to how much time either he or his secretary spend on the proposals or that she does anything other than type them. As a risk manager, he deals with confidential issues in a general sense, there is no evidence as to how much of it pertains to employer-employee relations. The Board concluded that there was insufficient evidence that his secretary’s duties normally require access to confidential employer-employee information, or under the amendment to 3540.1(c) effective January 1, 2004, which contributes significantly to the development of management positions.
1310.02000 – Change in Circumstances
The Board found that the administrative secretary to the Assistant Superintendent of Business Services, is not a confidential employee. Her supervisor’s duties have not changed appreciably over time