Decision 2217H – Regents of the University of California

The Board applies a disjunctive interpretation of HEERA section 3580.3 and will find supervisory status where the employee meets one of specified criteria for exclusion and does no rank and file work. The party seeking exclusion must demonstrate that the specific task is regularly performed and not a sporadic or atypical exercise of duties. Further, it must also be demonstrated that the party exercises independent judgment rather than routine or clerical decision-making.

Supervisory employees have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of supervisory employee-employer relations as set forth in HEERA section 3581.3. Supervisory employees also have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the employer.