Decision 1847E – Burlingame Elementary School District

SF-UM-611-E

Decision Date: June 13, 2006

Decision Type: PERB Decision

Description:  The unit modification petition filed by the district asked for removal of the classification of benefits/payroll specialist from the bargaining union and maintain it as a confidential position.

Disposition:  The Board denied the request where position sought to be excluded does not meet definition of confidential employee as delineated in EERA section 3540.1(c).

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Perc Vol: 30
Perc Index: 131

Decision Headnotes

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

New definition of confidential employee under EERA virtually identical to HEERA definition and apply same principles. The fact that management team is overworked and an additional confidential position is needed does not warrant a finding that this position is confidential.

1310.00000 – REPRESENTATION ISSUES; UNIT MODIFICATION
1310.01000 – In General

Unit modification petition is denied where position sought to be excluded does not meet definition of confidential employee as delineated in EERA section 3540.1(c).