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: PERB Decision

 * * * OVERRULED by amendment to EERA section 3540.1, subdivision (e), Stats. 2011, Ch. 674, and Center Unified School District (2014) PERB Decision No. 2379 * * *

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Perc Vol: 34
Perc Index: 120

Decision Headnotes

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession

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.

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.01000 – In General

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.

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.05000 – Other Excluded Employees

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.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.03000 – Community of Interest

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.

1310.00000 – REPRESENTATION ISSUES; UNIT MODIFICATION
1310.01000 – In General

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.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
1500.02000 – Education Code Sections Considered by PERB (By Number)

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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

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.