Decision A384E – Castaic Union School District * * * OVERRULED by amendment to EERA section 3540.1, subdivision (e), Stats. 2011, Ch. 674, and Center Unified School District (2014) PERB Decision No. 2379
LA-UM-799-E
Decision Date: August 9, 2010
Decision Type: Administrative Appeal
* * * OVERRULED by amendment to EERA section 3540.1, subdivision (e), Stats. 2011, Ch. 674, and Center Unified School District (2014) PERB Decision No. 2379 * * *
Description: CSEA filed a unit modification petition to add noon-duty aides to the District’s classified employee bargaining unit.
Disposition: The Board dismissed the petition. The Board held that noon-duty aides do not have representation rights under EERA because they are excluded by statute from the classified service. The Board also held that the record failed to establish a community of interest between the noon-duty aides and employees in the classified unit.
Perc Vol: 34
Perc Index: 120
Decision Headnotes
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession
* * * OVERRULED by Stats. 2011, ch. 674 (A.B. 501), § 1, and Center Unified School District (2014) PERB Decision No. 2379, which provide that non-classified, non-certificated noon duty aides are included in EERA’s definition of “public school employee” even though the Education Code expressly excludes such employees from the definition of “classified service.” * * *
In Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District (1984) PERB Decision No. 375, PERB held that short-term employees have no representation rights under EERA because Education Code section 45103 excludes them from the classified service. Education Code section 45103 also excludes part-time playground positions from the classified service. When the Legislature granted classified status to employees in a part-time playground position who also hold another classified position in the same district, it maintained the exclusion for other part-time playground positions. EERA provides no guidance as to unit placement of employees who are neither certificated nor classified. For these reasons, noon-duty aides have no representation rights under EERA.
200.01000 – In General
* * * OVERRULED by Stats. 2011, ch. 674 (A.B. 501), § 1, and Center Unified School District (2014) PERB Decision No. 2379, which provide that non-classified, non-certificated noon duty aides are included in EERA’s definition of “public school employee” even though the Education Code expressly excludes such employees from the definition of “classified service.” * * *
In Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District (1984) PERB Decision No. 375, PERB held that short-term employees have no representation rights under EERA because Education Code section 45103 excludes them from the classified service. Education Code section 45103 also excludes part-time playground positions from the classified service. When the Legislature granted classified status to employees in a part-time playground position who also hold another classified position in the same district, it maintained the exclusion for other part-time playground positions. EERA provides no guidance as to unit placement of employees who are neither certificated nor classified. For these reasons, noon-duty aides have no representation rights under EERA.
200.05000 – Other Excluded Employees
* * * OVERRULED by Stats. 2011, ch. 674 (A.B. 501), § 1, and Center Unified School District (2014) PERB Decision No. 2379, which provide that non-classified, non-certificated noon duty aides are included in EERA’s definition of “public school employee” even though the Education Code expressly excludes such employees from the definition of “classified service.” * * *
In Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District (1984) PERB Decision No. 375, PERB held that short-term employees have no representation rights under EERA because Education Code section 45103 excludes them from the classified service. Education Code section 45103 also excludes part-time playground positions from the classified service. When the Legislature granted classified status to employees in a part-time playground position who also hold another classified position in the same district, it maintained the exclusion for other part-time playground positions. EERA provides no guidance as to unit placement of employees who are neither certificated nor classified. For these reasons, noon-duty aides have no representation rights under EERA.
1309.03000 – Community of Interest
* * * OVERRULED by Stats. 2011, ch. 674 (A.B. 501), § 1, and Center Unified School District (2014) PERB Decision No. 2379, which provide that non-classified, non-certificated noon duty aides are included in EERA’s definition of “public school employee” even though the Education Code expressly excludes such employees from the definition of “classified service.” * * *
Board agent erred in relying solely on prior PERB decisions that placed part-time playground positions in classified employee bargaining unit. There was no evidence in the record to establish a community of interest between noon-duty aide positions named in unit modification petition and school district’s classified employees.
1310.01000 – In General
* * * OVERRULED by Stats. 2011, ch. 674 (A.B. 501), § 1, and Center Unified School District (2014) PERB Decision No. 2379, which provide that non-classified, non-certificated noon duty aides are included in EERA’s definition of “public school employee” even though the Education Code expressly excludes such employees from the definition of “classified service.” * * *
Board agent erred in relying solely on prior PERB decisions that placed part-time playground positions in classified employee bargaining unit. There was no evidence in the record to establish a community of interest between noon-duty aide positions named in unit modification petition and school district’s classified employees.
1500.02000 – Education Code Sections Considered by PERB (By Number)
* * * OVERRULED by Stats. 2011, ch. 674 (A.B. 501), § 1, and Center Unified School District (2014) PERB Decision No. 2379, which provide that non-classified, non-certificated noon duty aides are included in EERA’s definition of “public school employee” even though the Education Code expressly excludes such employees from the definition of “classified service.” * * *
In Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District (1984) PERB Decision No. 375, PERB held that short-term employees have no representation rights under EERA because Education Code section 45103 excludes them from the classified service. Education Code section 45103 also excludes part-time playground positions from the classified service. When the Legislature granted classified status to employees in a part-time playground position who also hold another classified position in the same district, it maintained the exclusion for other part-time playground positions. EERA provides no guidance as to unit placement of employees who are neither certificated nor classified. For these reasons, noon-duty aides have no representation rights under EERA.
1503.02000 – Regulations Considered (By Number)
* * * OVERRULED by Stats. 2011, ch. 674 (A.B. 501), § 1, and Center Unified School District (2014) PERB Decision No. 2379, which provide that non-classified, non-certificated noon duty aides are included in EERA’s definition of “public school employee” even though the Education Code expressly excludes such employees from the definition of “classified service.” * * *
In Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District (1984) PERB Decision No. 375, PERB held that short-term employees have no representation rights under EERA because Education Code section 45103 excludes them from the classified service. Education Code section 45103 also excludes part-time playground positions from the classified service. When the Legislature granted classified status to employees in a part-time playground position who also hold another classified position in the same district, it maintained the exclusion for other part-time playground positions. EERA provides no guidance as to unit placement of employees who are neither certificated nor classified. For these reasons, noon-duty aides have no representation rights under EERA.