Decision 2441E – Poway Unified School District

LA-UM-867-E

Decision Date: June 29, 2015

Decision Type: PERB Decision

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Perc Vol: 40
Perc Index: 35

Decision Headnotes

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.07000 – Temporary, Part-Time or Substitute Employees

Casual employees are those who have a sporadic or intermittent relationship with the employer and therefore lack a sufficient community of interest with regular employees to be included in the regular unit. Criteria for distinguishing “casual” employees from employees with collective bargaining rights include a lack of reasonable expectation of future employment with that employer.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.20000 – Other

Unlike an administrative decision that is final and effective upon issuance, a proposed decision only becomes final and effective if no exceptions are filed. Since exceptions were filed in this matter, the proposed decision does not become final and the proposed order does not go into effect. As such, a request for stay of activity is not proper.

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

Casual employees are those who have a sporadic or intermittent relationship with the employer and therefore lack a sufficient community of interest with regular employees to be included in the regular unit. The mere fact that an employee does not work a particular number of days or percentage of time does not, in and of itself, indicate that the employee does not share a community of interest with other unit members. Criteria for distinguishing “casual” employees from employees with collective bargaining rights include a lack of reasonable expectation of future employment with that employer.