Decision 2922E – San Diego Community College District
LA-RR-1306-E
Decision Date: September 18, 2024
Decision Type: PERB Decision (Non-Precedential)
Description: Petitioner Supervisory & Professional Administrators Association filed a Representation Petition requesting representation as the exclusive representative of employees of San Diego Community College District in three proposed bargaining units: a Classified Supervisors Unit, an Academic Supervisors Unit, and an FLSA (Fair Labor Standards Act) Exempt Professional Employees Unit. The American Federation of Teachers Guild, Local 1931 (AFT), exclusive representative of three bargaining units at the District, intervened to object to certain classifications in SPAA’s proposed bargaining units. After PERB’s Office of General Counsel processed the Petition and determined that a hearing was necessary, an Administrative Law Judge (ALJ) conducted a formal hearing and issued a proposed decision. The ALJ found that PERB could not independently make FLSA exemption determinations and did not consider AFT’s objections based on FLSA exemptions. The ALJ also evaluated AFT’s objections based on supervisory status and EERA section 3545, subdivision (b)(2) and concluded that some should be included in SPAA’s proposed bargaining units and some should be excluded. SPAA and AFT filed exceptions and cross exceptions to the proposed decision, challenging the ALJ’s determinations on AFT’s objections.
Disposition: In a non-precedential decision, the Board affirmed the ALJ’s decision with one exception, excluding a classification from the FLSA Exempt Unit.
Perc Vol: 49
Perc Index: 63
Decision Headnotes