Pittsburg Unified School District (PERB 0003E)

STATE OF CALIFORNIA
DECISION OF THE EDUCATIONAL
EMPLOYMENT RELATIONS BOARD
PITTSBURG UNIFIED SCHOOL DISTRICT,
Employer
and
CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION,
PITTSBURG CHAPTER #44, Employee
Organization
and
PITTSBURG FEDERATION OF TEACHERS,
LOCAL 2001,AFT, AFL-CIO, Employee
Organization
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) 	Case No. 	SF-R-106
EERB Decision No. 3
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Appearances: 	Breon, Galgani and Godino by Keith V. Breon, Attorney, for Pittsburg
Unified School District; Robert L. Blake, Attorney, for California School Employees
Association, Pittsburg Chapter #44; Van Bourg, Allen, Weinberg & Roger by
Stewart Weinberg, Attorney, for Pittsburg Federation of Teachers, Local 2001,
AFT, AFL-CIO.
Before Alleyne, Chairman; Gonzales and Cossack, Members.
OPINION
Pursuant to a Request for Recognition filed by California School Employees
Association, Pittsburg Chapter #44 (CSEA); a Notice of Request for Recognition
posted by Pittsburg Unified School District (Employer); an Intervention and an
amended Intervention filed by Pittsburg Federation of Teachers, Local 2001. AFT,
AFL-CIO (PFT); a Notice of Employer Decision dated May 5, 1976; and a Petition
for Hearing filed by the Employer on May 25, 1976, a hearing was held on July 22,
1976 before a hearing officer of the Educational Employment Relations Board at the
Employer's premises.

CSEA requested the following unit:
All the district's classified employees. . ., which shall
include but not limited to the following major grouping of
jobs: Food Services, Clerical and Secretarial, Operations
and Maintenance to include custodial/maintenance/grounds,
Instructional Aides (paraprofessional), and Transportation.
The unit excludes noon duty supervisors (by whatever name)
when the job description does not authorize or require the
performance of duties other than playground supervision for
the purpose of providing certificated personnel with a
duty-free lunch period, and those positions which can law-
fully be declared management, confidential, and supervisory.
PFT's amended intervention described the following unit:
All paraprofessionals: aides, Community Liaison (secondary
schools) and Pupil Services Liaison.
At the hearing, following PFT clarification that it intended to include noon-
duty supervisors in its intervention, CSEA amended its position to include noon-duty
supervisors in its requested unit. The employer contends that the appropriate unit
in this case is consonant with that originally requested by CSEA, and one which
excludes noon-duty supervisors.
The district is comprised of 11 schools: 1 preschool, 6 elementary schools,
2 junior high schools, 1 high school, and 1 adult education school. It has an
average daily attendance of approximately 6, 200 students. There are approximately
141 employees whose unit placement is undisputed.- T	.!/ 	here are approximately 227	
There
are
approximately
227
persons who are classified as aides whose unit placement is in dispute: 220 teacher	
persons
who
are
classified
as aides
whose
unit
placement
	is
in
dispute:
	220
	teacher
aides, including 197 instructional aides, 3 health aides, 8 clerical aides, 3 campus	
aides, 	including
197
instructional aides,
	3
health aides,
	8
clerical
aides,
	3 campus
aides, 6 community aides, and 3 shop instructional aides; 3 campus supervisor aides	
aides,
	6 community
aides,
	and 3 shop
instructional
aides;
	3 campus
	supervisor aides
(high school); 1 pupil service liaison; and 3 secondary	
(high
school);
	1
pupil service liaison;
	and 3
secondary school
community
liaisons.
There are 16 noon-duty supervisors whose inclusion or exclusion in the unit is	
There
are
16
noon-duty
supervisors
	whose
inclusion or
exclus.io.n
in
the
.unit
is
in dispute.	
in
dispute,
school community liaisons.
1/
Account Clerk; Account Clerk-Intermediate; Account Clerk-Senior; Bus Driver;
Carpenter; Composer Technician; Custodian; Custodian-Auditorium; Deliveryman/Gardener;
Duplicating Center Technician; Electrician; Equipment Serviceman; Food Service Assistant;
Food Service Assistant-Senior; Grounds Equipment Operator; Groundsman Gardener; Groundsman-
Stadium; Groundsman-Stadium Assistant; Library Assistant; Library Assistant-Senior;
Maintenanceman-Senior; Painter; Plumber; Pool Operator/Gardener; Purchasing Clerk;
Receptionist; School Secretary; School Secretary-Intermediate; School Secretary-Senior;
Secretary; Secretary-Federal Projects; Typist Clerk; Typist Clerk-Senior and Housekeeper.
-2-
CSEA
requested the
	following
unit:
All the
district's
classified
employees
...
,
	which
shall
include but not
	limited to the
following
major grouping
of
jobs:
	Food
Services,
	Clerical
and
Secretarial,
	Operations
and Maintenance
	to include custodial/maintenance/grounds,
Instructional
Aides
	(paraprofessional),
	and
Transportation.
The
unit
excludes
noon
duty
supervisors
	(by
whatever
name)
when
the
job
description
does
not
authorize
or require
	the
performance
	of
duties other
	than
playground
supervision
for
the
purpose
of
providing
certificated
personnel with
a
duty-free
lunch
period,
	and
	those
positions
which
can law-
fully
be
declared
management,
	confidential,
	and
supervisory.
PFT's
amended
	intervention
described
	the
following	
u~it:
All paraprofessionals: 	aides,
	Community
Liaison
	(secondary
schools)
	and
Pupil Services Liaison.
At
	the hearing,
	following
	PFT
clarification that
it
intended
to include
noon-
duty
supervisors
in
its
	intervention,
	CSEA
amended
its
position
to include
noon-duty
supervisors
	in
its
	requested
unit.
	The
employer
contends
	that
	the
appropriate
unit
in this
	case
	is
	consonant
with
	that originally
requested
by
CSEA,
	and one which
excludes noon-duty
supervisors.
The
district is
comprised
of
11
schools:
	1
preschool,
	6
elementary
schools,
2
junior
high schools,
	1
high school,
	and 1
adult
education school.
	It
has
an
average
daily
attendance
of
approximately 6,200
	students.
	There
are
approximately
141 employees whose
unit
placement
is
undisputed
.
!/
Account Clerk; Account
Clerk-Intermediate;
	Account
Clerk-Senior;
	Bus
Driver;
Carpenter;
	Composer
Technician; 	Custodian; 	Custodian-Auditorium; Deliveryman/Gardener;
Duplicating Center Technician; 	Electrician;
	Equipment Serviceman; Food
Service Assistant;
Food .Service Assistant-Senior;
	Grounds Equipment Operator; 	Groundsman Gardener; 	Groundsman-
Stadium; 	Groundsman-Stadium
Assistant; 	Library Assistant; 	Library Assistant-Senior;Maintenanceman-Senior; 	Painter; Plumber; 	Pool Operator/Gardener; 	Purchasing Clerk;·
Receptionist; 	School Secretary; 	School Secretary-Intermediate; School Secretary-Senior;
Secretary; 	Secretary-Federal Projects; 	Typist Clerk; 	Typist Clerk-Senior and Housekeeper.
-2-

All of the classifications in dispute, with the exception of pupil services
liaison, are assigned to a school site or a cluster of school sites. In contrast,
most of the classified employees are not assigned to a school site but rather work
out of a central location. Instructional aides and shop instructional aides work
directly in the classroom assisting in the instruction and supervision of students.
Health aides assist nurses with the examination of students and with the instruction
of health in the classroom and maintain health records. Community aides work with
elementary and junior high students and parents outside the classroom and enforce
disciplinary and safety rules in building and campus grounds; campus aides perform
similar functions at the high school level. Campus supervisor aides observe and
assist students and patrol high school grounds. Secondary school community liaison
persons work with parents, counselors, deans and students to resolve problems; they
regularly visit student homes. Pupil services liaison persons provide counseling
services for parents and students through the auspices of the employer's pupil services
office. Noon-duty supervisors are responsible for elementary school yard and cafeteria
supervision; their job description is virtually identical to that of campus aides.
Finally, clerical aides perform various standard clerical functions. Unlike all other
aide classifications, the job requirements for a clerical aide do not include the
ability to work effectively or cooperatively with students; further, the testimony
established that they do not have any extensive interaction with students.
The employer has three separate salary schedules for classified employees:
the aide schedule, the noon-duty supervisor schedule and the regular classified
schedule. The aide schedule, pursuant to which campus, community, health, instructional,
shop instructional, campus supervisor and clerical aides are paid, contains four steps
based on longevity of employment with the employer. There are seven classes within
each step; each class is based on increasing increments of educational credit. 	The
aides paid on this schedule are the only classified employees who receive premium pay
based on increased educational credit. The noon-duty supervisor schedule contains
four steps. The four steps are identical with the four steps at class I rates of
the aide schedule. The classified schedule, pursuant to which other employees,
including secondary school community liaison and pupil service liaison persons are
paid, contains fifty-two ranges. Each job classification is assigned a range. There
are five steps within each range; each step reflects an additional year of service
with the district.
All aides, including secondary school community liaison and pupil service liaison
persons, are employed for ten months a year, whereas the overwhelming majority of other
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All of the classifications in dispute, 	with the exception of pupil services
liaison, 	are assigned to a school site or a 	cluster of school sites. 	In contrast,
most of the classified employees are not assigned to a school site but rather work
out of a 	central location. 	Instructional aides and shop instructional aides work
directly in the classroom assisting in the instruction and supervision of students.
Health aides assist nurses with the examination of students and with the instruction
of health in the classroom and maintain health records. 	Community aides work with
elementary and junior high students and parents outside the classroom and enforce
disciplinary and safety rules in building and campus grounds; 	campus aides perform
similar functions at the high school level. 	Campus supervisor aides observe and
assist students and patrol high school grounds. 	Secondary school community liaison
persons work with parents, 	counselors, 	deans and students 	to resolve problems; 	they
regularly visit student horn.es. 	Pupil services liaison persons provide counseling
services for parents and students through the auspices of the employer's pupil services
office. 	Noon-duty supervisors are responsible for elementary school yard and cafeteria
supervision; 	their job description is virtually identical to 	that of campus aides.
Finally, 	clerical aides perform various standard clerical functions. 	Unlike all other
aide classifications, 	the job requirements for a 	clerical aide do not include the
ability to work effectively or cooperatively with students; 	further, 	the testimony
established that they do not have any extensive interaction with students.
The employer has 	three separate salary schedules for 	classified employees:
the aide 	schedule, 	the noon-duty supervisor schedule and the regular classified
schedule. 	The aide schedule, 	pursuant to which campus, 	community, health, 	instructional,
shop instructional, 	campus supervisor and clerical aides are paid, 	contains four steps
based on longevity of employment with the employer. 	There are seven classes within
each step; 	each class is based on increasing increments of educational credit. 	The
aides paid on this 	schedule are the only classified employees who receive premium pay
based on increased educational credit. 	The noon-duty supervisor schedule contains
four steps. 	The four steps are identical with the four steps at class I 	rates of
the aide schedule. 	The classified schedule, 	pursuant to which other employees,
including secondary school community liaison and pupil service liaison persons are
paid, 	contains fifty-two ranges. 	Each job classification is assigned a range. 	There
are five steps within each range; 	each step reflects an additional year of service
with the district.
All aides, 	including secondary school community liaison and pupil service liaison
persons, 	are employed for 	ten months a year, whereas the overwhelming majority of other
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classified employees work twelve months a year. Two-thirds of the aides work three
hours per day; the vast majority of the classified employees work an eight hour day.
All employees sought to be represented, except noon-duty supervisors, receive district
paid health and welfare benefits if they work a minimum of four hours per day. Thus,
aides who work three hours per day do not receive these benefits. All employees sought
to be represented, except noon-duty supervisors, receive sick and vacation leave on a
prorata basis and receive permanent status at the end of a six month probationary
period. Upon attaining permanent status employees cannot be terminated except for
disciplinary reasons or lack of funds. Approximately eighty percent of all aides
are categorically funded by state or federal money; aides comprise most, but not
all, of the classified employees who are categorically funded. Categorically funded
employees are given notice annually that they are employed subject to continued
funding.
All classified employees are hired pursuant to district administered testing
and placement on an eligibility list. Noon-duty supervisors are interviewed and
selected by individual principals. Aides, by and large, are also selected by individual
principals, sometimes in conjunction with the classroom teacher to whom they will be
assigned. All aides and noon-duty supervisors are under the direct supervision of
the principal or chief administrative person at the school site.
Aides who wish to become part of the regular classified service must take the
requisite examination along with all other applicants. Where possible, incumbent
employees are given some preference over outside applicants for available jobs.
Although there has been some minimal transfer from aide classifications to regular
classified positions, primarily clerical, the overwhelming majority of transfers
and promotions within regular classified positions have not included aides. None
of the current aides have transferred from the regular classified service to aide
classifications.
Finally, the Employer's records indicate that as of May 31, 1976, of the 227
aides then employed, 30 had executed payroll dues deductions on behalf of PFT, 81
on behalf of CSEA, 1 on behalf of both organizations, and 115 persons had executed
no payroll dues deduction authorizations. Furthermore, both CSEA and PFT have, in
the past, met with and represented various aides in their relations with the
employer.
DISCUSSION
The substantive issues thus presented are first, whether the only appropriate
unit is an overall classified unit; second, whether paraprofessionals constitute a
-4-
classified
employees
work
twelve
months
	a
year.
	Two-thirds
of
	the aides
work
	three
hours
per
day;
	the
vast
majority
of
	the
	classified
employees
work
an
eight
hour
day.
All
employees
	sought
	to
be
	represented,
	except
noon-duty
supervisors, 	receive
district
paid
health
and
welfare
benefits
	if
	they
work
a minimum
of
four
hours
	per
day.
	Thus,
aides
who
work
three
hours
	per
day
do
not
receive these
benefits.
	All
	employees
	sought
to
be
represented,
	except
noon-duty
supervisors,
receive
sick
and
vacation leave
on a
prorata basis
	and
receive
permanent
	status
at
	the
end
of
a
	six
month
probationary
period.
	Upon
attaining
permanent
	status
	employees
cannot be
	terminated except
	for
disciplinary
	reasons
	or
	lack of
funds.
	Approximately
eighty
percent
	of
all
	aides
are categorically
funded by
state
or
	federal
money;
	aides
	comprise most,
	but not
all,
	of the
	classified
employees
who
	are categorically
funded.
	Categorically
funded
employees
	are
	given
notice
annually
	that
	they
are
employed
subject
to
	continued
funding.
All
classified
employees
are hired
pursuant to
	district
administered
	testing
and
placement
	on
an
eligibility
list.
	Noon-duty
supervisors are
	interviewed
and
selected
by
individual
principals.
	Aides,
	by
and
	large, 	are also selected
by
individual
principals,
	sometimes
	in
conjunction with the
	classroom
teacher to
whom
they
will
be
assigned. 	All aides
	and
noon-duty
supervisors are
under
	the
	direct
supervision of
the
	principal
or chief administrative
person
at
	the school
site.
Aides
who
wish
	to
become
part
of the regular
	classified
service
must
	take the
requisite
examination along with
all
	other applicants.
	Where
possible,
	incumbent
employees
are
	given
some
preference
	over
outside applicants for available jobs.
Although
	there
has been
some
minimal
	transfer
	from
aide
	classifications
	to regular
classified
positions, 	primarily
clerical,
	the
overwhelming
majority of
	transfers
and
promotions
within regular
classified
positions
have
not included
aides.
	None
of the current aides
have
	transferred
	from
	the
	regular
classified
	service to aide
classifications.
Finally,
	the Employer's
	records
	indicate that
	as of
May
31, 	1976,
	of the
	227
aides 	then
employed, 	30
had executed
payroll
dues
	deductions
	on
behalf of
PFT, 	81
on
behalf of
CSEA, 	1 on
behalf of both organizations,
	and 115
persons
had executed
no
	payroll
dues deduction
authorizations.
	Furthermore, both
CSEA
and PFT
have,
	in
the past,
	met
with
	and
represented various aides in their relations
with the
employer.
DISCUSSION
The
	substantive issues 	thus presented are
	first,
	whether the only appropriate
unit is
an overall classified unit; 	second, 	whether paraprofessionals 	constitute
a
-4-

separate appropriate unit; third, whether noon-duty supervisors are employees
within the meaning of the Act.
In reaching our conclusions with respect to the appropriateness of any	In reaching our conclusions with respect 	to the appropriateness of any
unit, we are required by Section 3545 of the Act, to base our decision on three	unit, we are required by Section 3545 of the Act, 	to base our decision on three
factors: (1) The community of interest between and among the employees; (2)	factors: 	(1) 	The community of interest between and among the employees; 	(2)
The established practices of the employees including, among other things, the	The established practices of the employees including, 	among other things, 	the
extent to which such employees belong to the same employee organization; and	extent to which such employees belong to the same employee organization; 	and
(3)	(3) The effect of the size of the unit on the efficient operation of the school	The effect of the size of the unit on the efficient operation of the school
district.	district.
We conclude, based on the record before us, that a single overall unit is	We conclude, 	based on the record before us, 	that a 	single overall unit is
not appropriate in this case. Rather, we find that a separate unit of parapro-	not appropriate in this case. 	Rather, we find 	that a 	separate unit of parapro-
fessionals	fessionals is appropriate.	is appropriate.
In reaching this conclusion we find merit in the PFT's basic argument that
the paraprofessional persons whom it seeks to represent are distinguishable from
other classified employees since their primary functions involve dealing directly
with students either at the instructional or disciplinary level, whereas other
classified employees are primarily charged with providing a physical environment
for students. We would, ho	We would, 	however, 	exclude clerical aides from the paraprofessional
unit. 	In addition, we note that all but one of these paraprofessional employees,
unlike most of the remaining classified employees, 	are regularly assigned to a
specific school site or cluster of sites; 	that the spearate salary schedule for
aides includes additional compensation for educational experience, 	unlike 	the
regular classified salary schedule; 	that these persons uniformly work no more than
ten months a year while most regular classified employees work a twelve-month year;
that they are supervised differently and by different persons 	than the regular
classified employees; 	and that they are selected for employment by different persons
than regular classified employees.
wever, exclude clerical aides from the paraprofessional
unit. In addition, we note that all but one of these paraprofessional employees,
unlike most of the remaining classified employees, are regularly assigned to a
specific school site or cluster of sites; that the spearate salary schedule for
aides includes additional compensation for educational experience, unlike the
regular classified salary schedule; that these persons uniformly work no more than
ten months a year while most regular classified employees work a twelve-month year;
that they are supervised differently and by different persons than the regular
classified employees; and that they are selected for employment by different persons
than regular classified employees.
We concl	We conclude, however, 	that clerical aides, 	while meeting some of the above
enumerated 	criteria, 	perform tasks identical to those of other classified clerical
personnel under identical supervision and share an identical working environment.
They are, 	therefore, 	more appropriately included in the regular classified unit.
ude, however, that clerical aides, while meeting some of the above
enumerated criteria, perform tasks identical to those of other classified clerical
personnel under identical supervision and share an identical working environment.
They are, therefore, more appropriately included in the regular classified unit.
All parties at the hearing stipulated that the employees sought to be repre-
sented, presumably including noon-duty supervisors, are employees within the meaning
of the Act. While we have enunciated a general proposition that we do not intend
to look beyond the stipulations of the parties before us unless such stipulations
-5-
separate appropriate unit; 	third, 	whether noon-duty supervisors are employees
within the meaning of the Act.
'
In reaching this conclusion we find merit in the PFT's basic argument that
the paraprofessional persons whom it seeks to represent are distinguishable from
other classified employees since their primary functions 	involve dealing directly
with students either at 	the instructional or disciplinary level, whereas other
classified employees are primarily charged with providing a physical environment
for students.
All parties at the hearing stipulated that the employees sought to be repre-
sented, 	presumably including noon-duty supervisors, 	are employees within the meaning
of the Act. 	While we have ennunciated a general proposition that we do not intend
to look beyond the stipulations of the parties before us unless such stipulations
-5-

are clearly contrary to the provisions of the Act or clearly contravene the
rights guaranteed by the Act, we do not base our decision in the instant case
solely on that stipulation. Unlike the Employer, we do not view Section 13581
of the Education Code, which specifically excludes "Noon Time Playground Super-
visors" from the classified service, as precluding employees so designated from
the exercise of rights guaranteed in this Act. In our view, this section of the
Education Code must be considered in conjunction with the definition of employee
contained in the Act. Employee is defined in the Act as ". . .any person employed
by any public school employer except persons elected by popular vote, persons
appointed by the Governor of this state, management employees, and confidential
employees." This definition is not limited in any way to certificated employees
or employees in the classified service.
with full-time employees who perform similar duties. The job description of noon-
duty supervisor is virtually identical to that of campus aide; the pay schedule
is identical to the first step of the Class I rates of the aide schedule; and
like other paraprofessional employees they are selected by the principal. We
further note that they, like the vast majority of other paraprofessional employees
who do not work a sufficient number of hours to qualify, are excluded from fringe
benefit coverage. We conclude, therefore, that noon-duty supervisors should be
included in the paraprofessional unit.
While the Act requires us to take cognizance of the extent to which employees
belong to the same employee organization, we do not find any evidence in this case
which would warrant a conclusion that a paraprofessional unit is inappropriate.
Nor do we find any evidence in this record to indicate that a separate paraprofessional
unit would disrupt the efficient operation of the Employer.
ORDER
The Educational Employment Relations Board directs that:
1. 	The following units are appropriate for the purpose of meeting and negotiating,
providing an employee organization becomes the exclusive representative:
-6-
are
	clearly
contrary
to 	the provisions of
	the
Act
	or
	clearly
contravene
the
rights
	guaranteed
by
	the
Act,
	we
do
not
base
our
decision
in
the
	instant
case
solely
on
that stipulation.
	Unlike
	the
Employer,
	we do
not
view
Section
13581
of
	the
Education
Code,
	which
	specifically
excludes
	"Noon Time
Playground
Super-
visors"
	from
	the
	classified
service,
	as precluding
employees
	so
designated
	from
the exercise
of
	rights
	guaranteed
in this
Act.
	In
our
view,
	this
	section
of the
Education
Code
must
be
considered
in
conjunction with the
definition
of
employee
contained
in
the
Act.
	Employee
	is
defined
	in
the
Act
	as
	"
••.
any
person
employed
by
any
public
school
employer
except persons
	elected
by
popular
vote,
	persons
appointed
by
the
Governor
	of
	this
	state,
	management
employees,
	and
confidential
employees." 	This
definition
is
not
	limited
in
any
way
	to
certificated
employees
or
employees
in
	the
	classified
service.
Noon-duty supervisors work a set number of hours per day on a regularly	
Noon-duty
supervisors
work a
	set
number
	of hours
	per
day on
a
	regularly
scheduled basis during the course of the school year. There is not one scintilla	
scheduled
basis
during 	the
	course of the school
year.
	There
is
not
	one
scintilla
of	of evidence in this record to indicate that these employees only report to work	
evidence
in
this
	record to
	indicate that
	these
employees
	only
report to
work
when	when needed and called upon by the Employer. Thus, as regularly scheduled part-	
needed
and
called
up.on
by
'.the .Employer.
	Thus,·
as
	regularly
scheduled
part-
time employees who work on a regular basis, they share a community of interest	
time
employees
who work on
a
	regular
basis,
	they
share
a community
of
	interest
with
full-time
employees
who
perform
similar duties.
	The
	job
description
of
noon-
duty
supervisor
is
virtually
identical
to
	that
	of
	campus
aide; 	the
pay
schedule
is
	identical
to
	the
first
	step
of the Class
	I
	rates
	of the aide schedule;
	and
like
other paraprofessional
employees
	they
are selected
by
	the
principal.
	We
further
	note
	that
	they,
	like
	the
vast majority
of
	other paraprofessional
employees
who do
not
work a
	sufficient
number
	of hours 	to
	qualify, 	are
excluded
from
fringe
benefit
	coverage.
	We
	conclude,
	therefore, 	that
noon-duty
supervisors
	should be
included
in
	the
paraprofessional
unit.
While
	the
Act
	requires
us
	to take
	cognizance
of the extent
	to
which employees
belong to 	the
	same employee
organization,
	we do
not find
any
evidence
in this
	case
which would
warrant
	a
	conclusion
that
	a
	paraprofessional unit
	is
	inappropriate.
Nor do we
	find
any
evidence
in this
	record to indicate that
a
	separate paraprofessional
unit
would
	disrupt
	the
	efficient
operation of the
Employer.
ORDER
The
Educational
Employment
Relations
	Board
directs that:
1.
	The
	following
	units are appropriate for 	the purpose of meeting and
negotiating,
providing an employee
organization
becomes
	the exclusive representative:
-6-

Unit A
Excluded: All other employees, including instructional aides, health
aides, campus aides, community aides, campus supervisor aides (high school),
pupil service liaison, secondary school community liaison, noon duty supervisors,
managerial employees, supervisory employees, and confidential employees.
Unit B
Included: Instructional aides, health aides, campus aides, community
aides, shop instructional ai
Excluded: All other employees, including managerial employees, supervisory
employees, and confidential employees.
2 . 	The employee organizations have the 10 workday posting period of the Notice
of Decision to demonstrate to the Regional Director at least 30 percent support
in the above units. At the end of the posting period, should more than one
employee organization qualify for the ballot or if only one employee organization
qualified for the ballot and the employer has not granted voluntary recognition,
the Regional Director shall conduct an election.
Date: October 14, 1976
Raymond J. Gonzales, Member, dissenting in part:
I would exclude noon duty supervisors on three grounds. First, I am not
w
Unit
A
Included: All classified employees, including clerical aides.	
Included:
	All
classified
employees,
	including
clerical
aides,
Excluded:
	All
other
employees,
	including
instructional
aides, 	health
aides,
	campus
	aides,
	community
aides,
	campus
supervisor aides
	(high
school),
pupil
service
liaison,
	secondary school
	community
liaison,
	noon
duty
	supervisors,
managerial
employees,
	supervisory
employees,
	and
confidential
employees.
Unit
B
Included:
	Instructional
aides, 	health aides,
	campus
aides,
	community
aides,
shop
	instructional des, campus supervisor aides (high school), pupil service	
aide~
campus
supervisor aides(high school),
	pupil service
liaison, secondary school community liaison, and noon duty supervisors.	
liaison,
	secondary
school
community
liaison,
	and noon
duty
supervisors.
Excluded:
	All other
employees,
	including
managerial
employees,
	supervisory
employees, 	and
confidential
employees.
2.
	The employee
organizations
have
the
10 workday
posting 	period of
	the
Notice
of
Decision
to
demonstrate
	to the
Regional
Director
at least
30
percent support
in
the
above
	units.
	At
	the
end
of
	the posting 	period,
	should
more
	than
one
employee
organization qualify for the
ballot
or
if
only
one employee
organization
qualified for
	the
ballot
and
the
	employer
has not granted voluntary
	recognition,
the
Regional
Director
shall
conduct an
election,
by: / Jerilou H. Cossack, Member	
fy:-
/Jerilou
f. -Cossack, Member 	Reginald Alleyne, Chairman	Reginalc:i.'JI1eyne, 	Chairman
Date: 	October
14, 	1976
Raymond
J.
	Gonzales,
	Member,
	dissenting in part:
I agree with the majority in finding that those classified employees	I
	agree
with
themajority in
finding
	that
	those
classified
employees
within an aide category form an appropriate unit separate and apart from other	
within
an
aide category
form
an
appropriate
unit
separate
and
apart
	from
other
classified employees of the school district. Unlike the majority, however,	
classified
employees
of the
school
district~
	Unlike
the majority,
	however,
I would
exclude
noon
duty supervisors
on
three
grounds.
	First,
	I
	am
not
entirely satisfied that the majority opinion demonstrates that noon duty	
entirely satisfied that the majority opinion demonstrates
that
noon
duty
supervisors are public school employees	
supervisors are public school
employees 2 withi.n	ithin the meaning of Government	
the
meaning
of
Government
22 The majority incorrectly accepts the stipulation among the parties that	The
majority inc0rrectly accepts the stipulation
among
the parties· that
the employees sought to be represented are employees within the meaning of the Act.	
the
employees sought
	to
be represented are
employees
within the
meaning
of the Act.
AA careful examination of the record reveals that the stipulation was entered into	
careful examination of the record reveals that
the·
stipulation
was entered into
the record at a time when it was unknown that PFT intended to amend its request to	
the record at
a 	ti.me when
it
was unknown
that
PFT intended to
amend
	its
request to
include noon duty supervisors within its proposed unit. In any event, it is well	include noon duty supervisors within
its
proposed unit. 	In any event,
	it is well
established that a stipulation as to jurisdiction of a tribunal is not binding.	
established that
a stipulation as to jurisdiction of a tribunal is not binding.
1 Witkin, California Procedure, "Jurisdiction", Section 10, pages 534-36 (2d	1 Witkin, 	California Procedure,-"Jurisdiction", 	Section·10, pages 534-36 	(2d
Ed. 1971).	Ed. 	1971).
-7-

Section 13581 of the Education Code provides in pertinent part as follows:
-8-
Code	Code section 3540 et. seg., and therefore entitled to representation rights.	
section
3540
et.~'
	and
	therefore
entitled
to representation
rights.
Second, even assuming for the purpose of argument that noon duty supervisors	Second,
	even
assuming
for.the
purpose
of
argument
	that
noon
duty
supervisors
as a class are public school employees within the meaning of the Act, this	
as
	a
	class are
public
school
employees
within the
meaning
of
	the
Act,
	this
record clearly demonstrates that there exists such an insufficient community	
record
	clearly
demonstrates
	that
	there
exists
	such
an
insufficient
	community
of
	interest
between
noon
duty
supervisors
and
classified
employees
of the	of interest between noon duty supervisors and classified employees of the
Pittsburg
Unified
School
District
as to
	result in
a
very
tenuous
	employment	Pittsburg Unified School District as to result in a very tenuous employment
relationship, almost casual in nature, between the noon duty supervisors and	
relationship,
	almost
	casual
in
nature,
	between
the
noon
duty
supervisors
and
the district. Third, there is no evidence indicating whether either of the	
the
district.
	Third,
	there
is
no
	evidence
indicating
whether
either
of the
included
organizations seeking to represent them in their proposed units has included	
organizations
	seeking
to represent
	them
in their
proposed
units
has
them in their past bargaining endeavors with the district or, in fact, interacted	them
in
their
past
bargaining
endeavors
with
the
district
or, 	in fact,
	interacted
with these employees in any manner.	
with these
employees
	in
any
manner.
The
majority
has
	failed
	to
	address 	those
	considerationsThe majority has failed to address adequately those considerations which
adequately
	which
militate for a finding that noon duty supervisors are not employees under	
militate
for
	a
finding
	that
noon
duty
supervisors are
not
	employees
under
Government Code section 3540 et. sec. Government Code section 3540.1 (j),	Government Code
section
3540
et.~
	Government Code
section
3540.1
	(j),
which defines a "public school employee" does not expressly exclude those	which
defines
	a
"public
school
employee"
	does
not expressly
exclude
those
employees which are not part of the classified service as provided for in	employees which
are
not
part
	of
the
classified
service
as
provided
for
	in
section 13581 of the Education Code. However, I would submit that a reasonable	
section
13581
of
	the
Education
Code. 	However, 	I would
submit
	that
	a
	reasonable
interpretation of this section in light of the purpose underlying the enactment	
interpretation
of
	this
	section
in light
of the
purpose
underlying the
,enactment
of Education Code section 13581, as well as, the language found in other parts	
of
Education
Code
	section
13581,
	as
well
as, 	the
	language
found
	in
other
parts
of the Act, particularly section 3545, both argue for the implicit exclusion	
of the
Act,
	particularly
section
3545,
	both
argue
	for 	the
implicit
exclusion
of noon duty supervisors from any bargaining rights under the Act. Further,	
of
noon
duty
	supervisors
from any
bargaining
rights
under
the
Act.
	Further,
although the definition of a public school employee as stated in section 3540.1(j)	
although
	the
definition
of
a
	public
school
employee
as
	stated in
section 3540.l(j)
of the Act expressly excludes certain individuals, for example, public officials	
of the
Act
	expressly
excludes
certain individuals, 	for
	example,
	public
officials
either elected or Governor appointed, that list of exclusions cannot be assumed	
either
elected
or
Governor
appointed,
	that
list
of exclusions
cannot be
assumed
pay
warrant
fromto include every conceivable type of individual who receives a pay warrant from	
to include
every conceivable type
	of individual
who
	receives
a
a public school employer. Temporary professionals, education consultants,	a
public
	school
employer. 	Temporary
professionals,
	education
consultants,
crossing guards, and legal counsel, are not specifically excluded, yet there	
crossing guards,
	and
legal
counsel,
	are not
specifically
excluded,
	yet there
are numerous instances where they too have received remuneration from public	
are
numerous
	instances
where
they too have received remuneration
	from
public
school employers.	
school employers.
Section
13581
of the Education
Code
provides
in pertinent part
as follows:
The governing board of any school district shall employ	The governing board of
any school
district shall
employ
persons for positions not requiring certification quali-	
persons for positions not requiring certification quali-
fications.	fications. The governing board shall, except where	The governing board
shall,
	except where
Article	Article 5 (commencing at Section 13701) of this chapter	5 (commencing
at
	Section
13701)
	of
	this
	chapter
of Section 13756 applies, classify all such employees	
of Section 13756
applies, 	classify all
such employees
and positions. The employees and positions shall be	and
positions.
	The employees and
positions shall be
known	known as the classified service. Substitute and short-	
as the classified service. 	Substitute
and
short-
term employees, employed and paid for less than 75	term employees, 	employed and paid for less than 75
-8-

percent of a school year, shall not be a part of the
classified service. Part-time playground positions,
apprentices and professional experts employed on a
temporary basis for a specific project, regardless
of length of employment, shall not be a part of the
classified service. ..."
percent of
a
	school
year,
	shall
not
be
a
part
of the
classified
service. 	Part-time
playground
positions,
apprentices
and
professional
experts
employed on a
temporary
basis for
	a
	specific project,
	regardless
of length of
employment,
	shall
not
be
a
part
	of
	the
classified
	service ••••
"
This section implements a classified service system for school districts not	
This
section
implements
a
	classified
service
system
for
	sch0ol
districts
not
incorporating the merit system. Excluded from that scheme along with several	
incorporating the merit
	system.
	Excluded from
that
	scheme
along
with
several
playgroundother types of persons employed by a school district are "part-time playground	
other
types
	of
persons
	employed
by
a
	school
district
are "part-time
positions", herein noon duty supervisors. It should be noted that no one	
positions", 	herein
noon
duty
supervisors.
	It
	should be
noted
that
no one
disputes the fact that noon duty supervisors fill part-time playground	
disputes 	the
	fact
	that
noon
duty
supervisors
fill
	part-time
playground
positions; it is clear from the record that they patrol and supervise	
positions;
	it
	is
	clear
from
the
record
	that
	they
patrol
and
supervise
throughout the school premises at the elementary level.	
throughout
	the
school premises
at
	the
elementary
level.
A review of case law interpreting that section indicates that the legislative	A
review of
case
law
interpreting that section indicates
that
the
legislative
purpose in establishing a classified service for certain employees of a school	
purpose
in
establishing
a
	classified
	service for
	certain
employees
of
a
	school
district was to provide those persons with a guarantee of job protection. See	
district
was
	to provide those persons
with
a
	guarantee of j0b
protection.
	See
California School Employees Association v. Willits Unified School District 243	
California
School
Employees
Association v.
	Willits
Unified·· School
District
	243
Cal. App. 2d 776, 52 Cal. Rptr. 765 (1966) and California School Employees	
Cal.
	App. 	2d 776, 	52
Cal.
	Rptr.
	765 	(1966) 	and
	California
School
Employees
Association v. Sunnyvale Elementary School District 36 Cal. App. 3d 46, 111	
Association v.
	Sunnyvale
Elementary School
District
	36
Cal.
	App. 	3d
46, 	111
Cal. Rptr. 433 (1973). As stated by the court in California School Employees	
Cal.
	Rptr.
	433
	(1973).
	As
	stated
by
the court
	in
California
School Employees
Association v. Willits Unified School District, supra at 784-85:	
Association
v.
	Willits
Unified
School
District,
	supra
at
	784-85:
Not only, however, are there statutory protections for	Not
	only,
	however,
	are there statutory protections for
the pupils, but there are also statutory regulations in	
the pupils,
	but
	there are also
·
statutory
regulations··
in
favor of school district employees which would not be	
favor of school
district
	employees which would
not be
applicable to employees of a contractor, for example,	
applicable to
	employees
of
a
	contractor, 	for
	example,
Education Code Sections 13651.1 (leaves of absence and	
Education
Code
Sections
	13651.1
	(leaves of
absence
and
accumulation thereof), 13651.1 (leave for funeral of	
accumulation
thereof),
	13651.1
	(leave
for funeral of
relative). These are but a few examples. The entire	
relative).
	These
are
but
a few examples. 	The
entire
statutory scheme of protection of employees applies to	
statutory
scheme
of·
protection
of·. employees.·
applies· to
those who are classified under Section 13581. (Emphasis	
those
who
	are
	classified
under
Section
13581. · 	(Emphasis
added)	added)
Similarly, in California School Employees Association v. Sunnyvale Elementary	
Similarly,
	in
California
School Employees
Association
v, ·Sunnyvale Elementary
School District, supra at 63-64, the court stated:	School
District,
	supra
at
	63-64, 	the court stated:
Also section 13581 is intended to strengthen the position	Also
section
13581
is
intended to strengthen the position
of non-certified school employees by classifying them.	
of
non.:...certified
	school employees by
classifying
them.
(Citation omitted) Certain rights are afforded them	
(Citation omitted) 	Certain rights are afforded
	them-
pursuant to sections 13580-13655 of the Education Code.	
pursuant to sections
13580-13655
of the Education Code.
Persons outside the school system, especially temporary	
Persons outside the school system, 	especially temporary
professionals,	professionals, would not be in need of such protections.	would not be in
need of such protections.
(Emphasis added)	(Emphasis added)
-9-	-9-

Consequently, those provisions of the Education Code, sections 13580 et. seq.,	Consequently, 	those provisions of the Education Code, 	sections 13580 et.~,
provide only classified employees various rights relating to job security and	provide only classified employees various rights relating to job security and
employment benefits.	employment benefits.
While it has never been judicially determined why part-time playground	While it has never been judicially determined why part-time playground
positions are excluded from the classified service under Education Code	positions are excluded from the classified service under Education Code
section 13581, I would submit the reason lies in the tenuous nature of their	section 13581, 	I would submit the reason lies in the tenuous nature of their
employment. The fact that they are exempted along with other employees who	employment. 	The fact that they are exempted along with other employees who
themselves	themselves are engaged in a temporary employment relationship with the school	are engaged in a temporary employment relationship with the school
district suggests that the employment relationship of persons employed in	district suggests that the employment relationship of persons employed in
part-time playground positions were exempted for similar reasons. Further,	part-time playground positions were exempted for 	similar reasons. 	Further,
the fact that the Legislature has not seen fit to change the exempt status of	the fact 	that the Legislature has not seen fit 	to change the exempt status of
the part-time playground position since the enactment of Education Code	the part-time playground position since the enactment of Education Code
section 13581 in 1959 suggests that that position continues to exemplify the	section 13581 in 1959 suggests that that position continues to exemplify the
same temporary employment characteristics.	same temporary employment characteristics.
Since employees exempted under Education Code section 13581 are not	Since employees exempted under Education Code section 13581 are not
afforded the protections of classified employment, presumably due to the	afforded the protections of classified employment, 	presumably due to the
tentative	tentative nature of their employment relationship with the school district,	nature of their employment relationship with the school district,
to now require that negotiations over wages, hours, and working conditions	to now require that negotiations over wages, 	hours, 	and working conditions
of the district's career employees be burdened with the same considerations	of the district's career employees be burdened with the same considerations
for a category of employees whose interests the Legislature has found to be	for a category of employees whose interests the Legislature has found to be
less than critical, does not appear justified. Considering the financial	less than critical, 	does not appear justified. 	Considering the financial
pressures that the educational system now faces, we should not lightly ignore	pressures that the educational system now faces, 	we should not lightly ignore
the policy established by the Legislature and endorsed by the courts in	the policy established by the Legislature and endorsed by the courts in
interpreting Education Code section 13581.	interpreting Education Code section 13581.
Another compelling reason for excluding noon duty supervisors as not	Another compelling reason for 	excluding noon duty supervisors as not
being employees within the meaning of the Act is that no where in the language	being employees within the meaning of the Act is that no where in the language
of the Act is reference made to any category of employees of the type to which	of the Act is reference made to any category of employees of the type to which
the noon duty supervisors belong. This omission is particularly obvious in	the noon duty supervisors belong. 	This omission is particularly obvious in
that section of the Act pertaining to the appropriateness of the unit issue,	that section of the Act pertaining to the appropriateness of the unit issue,
Government Code section 3545. Here, the Legislature only addressed itself	Government Code section 3545. 	Here, 	the Legislature only addressed itself
to certain categories of employees who are neither "management" nor "confidential".	to certain categories of employees who are neither "management" nor "confidential".
Therefore, I would argue that the Legislature's concern with only "supervisory",	Therefore, 	I would argue that the Legislature's concern with only "supervisory",
"certificated", and "classified" employees in the context of giving direction	"certificated", and "classified" employees in the context of giving direction
to the Board on matters regarding what does or does not constitute an appro-	to the Board on matters regarding what does or does not constitute an appro-
priate unit, implies that the Legislature intended that only employees within	priate unit, 	implies that the Legislature intended that only employees within
those categories are employees who may constitute an appropriate unit for	those categories are employees who may constitute an appropriate unit for
-10-	-10-

negotiating purposes under Government Code section 3545. On the basis of the
foregoing the only conclusion that can be reached is that there are no provisions
in the Act for dealing with any employee who is neither "supervisory", "certificated",
or "classified" in determining what constitutes an appropriate unit.
As noted by the majority, section 3545 of the Government Code requires
the Board to determine the appropriateness of any unit on the basis of a tri-
partite test, one element of which requires a showing of community of interest
between and among the employees. Although the Board is not bound by decisions
in other jurisdictions or decisions under the National Labor Relations Act,
application of the "community of interest" criterion has resulted over the
years in a consideration of a number of variables inherent in the employer-
employee relationship, the ultimate goal being that there be "a 'common enough
aspect of employment' to make it reasonable for the employees to negotiate
jointly." L. C. Shaw, and R. T. Clark, Jr., "Determination of Appropriate
Bargaining Units in the Public Sector: Legal and Practical Problems, " 51 Oregon
L. Rev. 152 (1971). Albeit, the majority has considered a number of factors
relevant to whether a community of interest exists between and among the employees
in this case, I cannot agree with the analysis and conclusion reached by them
regarding the noon duty supervisors.
First, regarding the job description of noon duty supervisors, I am not
convinced that they perform responsibilities which can properly be characterized
as "paraprofessional" in nature. Their level of interaction with the students
at the elementary level is much less than that of the aides, whom I believe
more appropriately can be termed, "paraprofessional". Unlike the majority of
the aides, noon duty supervisors do not participate in instructional or
counseling services for the students. Nor are they required for purposes of
advancement to pursue educational goals that would enhance their ability to
relate to students in the instructional or counseling areas. And further, unlike
the aides, they are not required to take in-service training during the period
of their employment.
The work schedule of noon duty supervisors also provides another distinctive
basis for finding that they do not share a community of interest with classified
-11-
negotiating
purposes
under
	Government Code
section
3545.
	On
the basis
of the
foregoing
	the
only
conclusion
that
can
be reached
is
	that
	there
are
no
provisions
in
the
Act
	for
	dealing with
any
employee
who
	is
neither
"supervisory",
	"certificated",
or
1
'classified"
	in
determining
what
constitutes
	an
appropriate
unit.
A second basis for my dissenting in part from the majority opinion is	A
second
basis for
my
dissenting
	in part
from
the
majority
opinion
is
that even assuming that noon duty supervisors as a class are not precluded from	
that
even assuming
that
noon
duty
supervisors as
	a
	class are
not precluded
from
the exercise of rights guaranteed under the Act, it is clearly evident from the	
the exercise
of
rights
	guaranteed
under
	the
Act,
	it
	is
	clearly
evident
	from
the
record that because of the tentative nature of their employment relationship	
record
	that
because
of
	the
tentative
nature
of
	their
employment
	relationship
with the Pittsburg Unified School District, there exists no community of interest	
with the
Pittsburg
Unified
	School
District,
	there
exists
no community
of
interest
with the district's classified employees.	
with the
district's
	classified
employees.
As
noted
by
the majority, 	section
3545
of the
Government Code
requires
the
Board
to
	determine
	the
appropriateness of
any
unit
	on
the
basis
of
a
	tri-
partite test,
	one
element
of
which
requires
	a showing
of
community
of
interest
between
and among
	the
employees. 	Although
the
Board
is
not
bound by
decisions
in
other
jurisdictions
or decisions
	under
the National
Labor
Relations
Act,
application
of the
"community
of
interest" criterion
has
resulted
over
the
years
	in
a
	consideration of
a number
of
variables
inherent
in
the
	employer-
employee
relationship,
	the ultimate
goal being
that
	there
be
"a
	'common enough
aspect of
	employment'
	to
make
it
	reasonable
for 	the
employees
	to negotiate
jointly."
	L.C. 	Shaw, 	and R.T.
	Clark,
	Jr.,
	"Determination
of
Appropriate
Bargaining Units
	in
the Public Sector:
	Legal
and
Practical
Problems,"
	51 Oregon
L. 	Rev. 	152
	(1971).
	Albeit,
	the majority
has
	considered
a number
of
factors
relevant to
whether
a community
of
	interest exists
between
and among
the
employees
in this
	case,
	I
	cannot
agree with the analysis
	and
	conclusion reached
by them
regarding
	the
noon
duty
	supervisors.
First,
	regarding the job description of
noon
duty
supervisors,
	I
	am
not
convinced
that
	they perform
responsibilities
which can
properly
be
characterized
as "paraprofessional" in nature.
	Their
level of interaction
with the students
at
	the elementary
level
is
much
less
	than
that of the aides,
	whom
I
	believe
more
appropriately
can be termed,
	"paraprofessional".
	Unlike the majority of
the aides,
	noon
duty supervisors
do
not
participate in instructional or
counseling services for the students.
	Nor
are they required for
	purposes
of
advancement
	to
pursue educational goals
	that
would enhance
their ability
to
relate to students in the instructional or counseling areas.
	And
	further, 	unlike
the aides, 	they are not required to take in-service training during the period
of their
	employment.
The work schedule of noon duty supervisors also provides another distinctive
basis for finding that they do not share a community of interest with classified
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-12-
employees
	district.
	may
be ten-month	employees in the district. While they, like the aides, may be ten-month	
in
the
	While
they,
	like the
aides,
employees,
	the
fact
	that
	they
substitute
for
	certificated
personnel during	employees, the fact that they substitute for certificated personnel during
the noon recess suggests that they work less than two hours per day. The	
the
noon
recess
suggests
	that
they
work
less
	than
two
hours
per
day.
	The
record clearly demonstrates that the minimum number of hours worked by any	
record
	clearly
demonstrates
	that
the
minimum number
of
hours
worked
by
any
employees in the classified service is three hours. Further, the fact that	employees
	in
	the
	classified
service
is
	three
hours.
	Further,
	the
	fact
	that
noon duty supervisors work only primarily in the noon recess suggests that	noon
duty
supervisors
work
only
primarily
in
the
noon
recess
	suggests
	that
there is little opportunity for interaction with classified personnel.	
there
is
	little
opportunity for
	interaction
with
classified
personneL
Further,	Further, because of their limited work assignment, noon duty supervisors are	
because
of
	their
	limited
work
assignment,
	noon
duty
supervisors
are
the only employees who are totally excluded from any employee benefits. And	
the
only
employees
who
are
totally
excluded
from
any
employee
benefits.
	And
even though some aides are excluded from health and dental benefits, they	
even though
some
aides are
excluded
from
health
and
dental
benefits,
	they
are entitled to sick leave and vacation leave on a prorated basis. Lastly,	
are
entitled
	to
sick
leave
and
vacation leave
on a
prorated
basis. 	Lastly,
all classified staff have reemployment rights; noon duty supervisors have	
all
	classified
staff
have
reemployment
	rights;
	noon
duty
supervisors
have
none.	
none.
The school district has also apparently established a different pay	The
school
district
has
	also apparently
established
a
different
pay
schedule for noon duty supervisors. It is not clear from the record, however,	
schedule
for
	noon
duty
supervisors.
	It
is
not
	clear
from
the record,
	however,
whether the schedule for noon duty supervisors referred to by the majority is,	
whether
	the
schedule
for
	noon
duty
supervisors
referred to
by
the majority
is,
in fact, utilized by the district. The record only notes that it is a recom-	
in fact, 	utilized
by
the
district.
	The
record
only
notes
	that
	it
	is
a recom-
mended schedule for noon duty supervisors. The only point that is clearly	mended
schedule
for
	noon
duty
supervisors.
	The
only
point
	that
is
clearly
uncontradicted regarding earnings of the noon duty supervisors is that they	
uncontradicted regarding earnings
of the
noon
duty
supervisors
	is
	that
	they
are paid on an hourly basis. Assuming that the district does utilize the	
are
paid
on
an hourly
basis.
	Assuming
that
	the
district
	does
utilize
the
recommended schedule, the top of the pay schedule for them is a third lower	recommended
schedule, 	the
	top
of the
pay
schedule
for
	them
is
a
	third
lower
than the top of the aide pay schedule. Further, as noted above, only aides	
than
the
	top of
the aide
pay
schedule.
	Further, 	as
noted
above,
	only
aides
are given credit for initial placement and advancement purposes on the pay	
are
	given
credit
	for
	initial
placement
and advancement
purposes
	on
the
pay
schedule for college units taken and completed.	
schedule
for 	college
units
taken
and
	completed.
The	The work conditions of noon duty supervisors greatly differ from those	work
conditions of
noon
duty
supervisors
greatly
differ
	from
those
of the classified personnel. Noon duty supervisors can never attain permanency	
of the
	classified
personnel.
	Noon
duty
supervisors
	can never
	attain
permanency
status in the school district. Further, while a few aides have moved to the	
status in the
school
district.
	Further,
	while
a few
aides
have moved
	to the
regular classified service, there has been no similar mobility for the noon	
regular
	classified service, 	there
has been no
	similar mobility for the
noon
duty supervisors. Additionally, disciplinary procedures differ for noon	
duty
	supervisors. 	Additionally, 	disciplinary
procedures
differ
	for
noon
duty supervisors.	
duty supervisors. 	Unlike classified employees, they are not entitled to a	
Unlike
classified
employees,
	they are not
	entitled
to
a
notice of disciplinary action. Consequently, they may be fired at will by the	
notice of disciplinary action.
	Consequently, 	they
may
be
fired at will
by
the
principal of the school at which they work. On the other hand, all classified	
principal of the school
at
which they
work.
	On
the other
hand,
	all
classified
employees are protected by certain grievance procedures.	employees
are protected
by
certain
grievance procedures.
Final noteworthy distinctions between noon duty supervisors and classified	
Final
noteworthy
distinctions
between noon duty supervisors
and
	classified
staff are the circumstances under which they are hired and the line of super-	
staff are the circumstances under which they are hired
and
the line of super-
vision under which they fall. The majority has given the impression that aides	
vision
under which they
fall.
	The
majority has given the impression that aides
are hired solely by the principal at a particular school site. While the	
are hired solely
by the principal at
	a
particular school site.
	While the
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statement is accurate insofar as noon duty supervisors are concerned, a careful
reading of the record indicates that aides must be tested and interviewed by
district administrators before qualifying for an eligibility list. The principal
must then limit his selection to persons on the list. Noon duty supervisors are
not tested nor must they qualify for any list. They, in fact, are selected by
the principal. Additionally, it appears that noon duty supervisors are solely
accountable to the principal. The line of supervision ceases there. This is
not so with the classified service. For example, the ultimate responsibility
for the aides rests at the district administrative level such as with the
Coordinator of Aides.
In sum, on the basis of the community of interest test, I would not include
noon duty supervisors within either of the two units designated by the majority.
Rather, viewing their job status in total, their employment relationship is much
too tenuous since there is no measure of permanency in the position of noon duty
supervisors.
The final argument upon which I would exclude noon duty supervisors from
any bargaining unit is that neither employee organization has in the past sought
to represent them in matters pertaining to employer-employee relations. Nor is
there any evidence that either employee organization has attempted to meet and
interact with these employees to any extent. Hence, there is no evidence of
past bargaining history regarding these employees.
On the basis of the foregoing, I would hold that noon duty supervisors should
not be included within any bargaining unit of employees sought by the employee
organizations herein. Further, in my opinion there is too little in the record
to find as the majority has found that noon duty supervisors should be included.
Of the two hundred and thirty six pages of transcript in this case, only two and
a half pages pertain to noon duty supervisors. And of these two and a half
pages, the most significant testimony, regarding working conditions, has its
basis in Education Code sections 13580 et. seq., provisions which themselves
are already judicially noticeable and have been relied upon to some extent in
this dissent. In this regard, I am concerned that persons appearing before
this Board might be less than encouraged to prepare adequately for the presen-
tation of their cases, knowing that the majority, in this instance, has been
willing to base its decision regarding noon duty supervisors on relatively
sparce evidence in the record.
-13-
statement
	is
	accurate
insofar
as
noon
duty
supervisors are
	concerned,
	a
	careful
reading
of
	the
record
indicates
	that
aides
must
be
tested
and
	interviewed
by
district
administrators
before qualifying for
	an
eligibility
list.
	The
principal
must
	then
limit
his 	selection
to
persons
on
the
list.
	Noon
duty
supervisors
are
not
	tested
nor
must
	they
qualify for
	any
list.
	They,
	in fact,
	are selected
by
the
principal.
	Additionally,
	it
appears
	that
noon
duty
supervisors
are solely
accountable
to the
principal.
	The
line
of supervision
ceases
	there.
	This
	is
not
	so
with
the
	classified
service.
	For example,
	the ultimate
responsibility
for 	the aides
	rests at
	the
district
	administrative
level
such
as with the
Coordinator
of
Aides.
In
sum, 	on
the
basis
of the
community
of
	interest
	test,
	I would
not
	include
noon
duty
supervisors within
either
of
the
two
units
	designated
by
the majority.
Rather,
	viewing
	their
job
status
in
total, 	their
employment
relationship
	is
much
too tenuous
	since there
	is
no
measure
of
permanency
in
the
position
of
noon
duty
supervisors.
The
final
argument
upon which I would
	exclude
noon
duty
	supervisors
from
any
bargaining
unit
	is
	that neither
employee
organization
has
	in
the past
	sought
to represent
	them
in
matters
pertaining
to
	employer-employee
relations.
	Nor
	is
there
any
evidence
that either
employee
organization
has attempted to
meet and
interact
with these
employees
	to
any
extent.
	Hence,
	there
is
no
	evidence
of
past bargaining
history
regarding these
employees.
On
the basis
of the
	foregoing,
	I would
hold
that
noon
duty supervisors
	should
not
be
included
within
any
bargaining
unit of
employees
	sought
by
the
employee
organizations herein. 	Further,
	in
my
opinion
there
	is
	too
	little
in
the record
to find as
	the majority
has 	found
	that
noon
duty
supervisors
	should
be
included.
Of
	the
two
hundred and
thirty six
pages
of
	transcript in this
	case,
	only
two and
a
half
pages
	pertain to
noon
duty supervisors.
	And
of these
two and a
half
pages, 	the
most
	significant
	testimony, 	regarding
working
conditions,
	has
	its
basis in
Education
Code
sections
13580
et.~,	
provisions
which themselves
are already
judicially
noticeable
and have been
relied
upon
to
	some
extent in
this dissent. 	In
this
	regard,
	I
	am
concerned
that
persons appearing before
this
	Board might be
less
	than encouraged to prepare adequately for the presen-
tation
of
	their
	cases,
	knowing
that the majority, 	in this instance,
	has been
willing to base
its
decision regarding
noon
duty supervisors
	on
relatively
sparce evidence
	in the record.
Raymond J. Gonzales, Member	
Ra~d
J. 	Gonzalls, 	M~her
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