Richland Elementary School District (PERB 0026E)

STATE OF CAL I FORNIA
EDUCAT I ONAL EMPLOYMENT RELATIONS 	BOARD
In the Matter of:
RICHLAND ELEMENTARY SCHOOL DISTRICT,
Employer
and
CALIFORNIA SCHOOL EMPLOYEES
ASSOCIATION, 	CHAPTER 3 9,
En:\ployee Organization
)
)
)
)
) 	Case No. 	LA.-UC-14
EERB Decision No. 	26
September 12, 	1977
)
)
)
)
)
Appearances: 	Frank J. 	Fekete, 	Attorney 	.(Schcx:>l Legal Service of Kern
County); 	Carl B.A. 	Lange, 	III 	(Schools Employer-Employee Relations
Service) 	for Richland Elementary School District; 	Robert M. 	Baker for
California School Employees Association, 	Richland Chapter 39.
Before Alleyne, 	Chairman, 	Gonzales and Cossack, Members.
OPINION AND ORDER
This 	case is before 	the Educational Employment Relations 	Board on
the California School Employees Association's exception to the hearing
officer's attached decision concluding that the employees occupying the
position of secretary III 	(three such positions) 	are confidential
employees within the meaning of the Educational Employment Relations
Act and as such excluded from the negotiating unit.
The hearing officer's decision is substantially in accord with
Board pre;edent established in Sierra Sands Unified School District. 1
Consequently, 	after considering the record and the attached proposed
decision in light of the exceptions filed, 	the Board adopts the proposed
order of the hearing officer as the order of this Board.
~ 	:.&.- 	.. ... 	y	- 	r-·-·
By: 	Rayrrond 	J. 	Gonzales, 	Member 	Reginald Alleyne, 	Chairman
9 	Jerilou Coss~ck, Member
Dated: 	September 12, 	1977
Text issued: 	September 30 , 	1977
1sierra Sands Unified School District, 	EERB Decision No. 	2, 	October 14, 	1976,

STATE OF CALIFORNIA
DECISION OF THE EDUCATIONAL
EMPLOYMENT RELATIONS BOARD
RICHLAND ELEMENTARY SCHOOL DISTRICT,
Employer
and
CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION,
RICHLAND CHAPTER 39,
Employee Organization
)
)
)
)
)
) Case No. 	LA-UC-14
EERB Decision No . 	26
ORDER
)
J
__________________ )
The Educational Employment Relations Board directs that :
1. 	The employees occupying the position of secretary III 	(three such positions)
are confidential 	employees within the meaning of the EERA and as such excluded from
the negotiating unit .
2. 	The duplicating account 	secretary or secretary II is not a confidential
employee and shall be 	included in the negotiating unit.
Educational Employment Relations Board
by
Charles L. Cole
Executive Director
9/ 12/77

)
)
)
)
)
)
EDUCATIONAL EMPLOYMENT RELATIONS BOARD
OF THE STATE OF CALIFORNIA
In the Matter of:
RICHLAND ELEMENTARY SCHOOL DISTRICT,
Employer,
and
CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION,
RICHLAND CHAPTER 39,
Employee Organization
)
) 	Case No. LA-UC-14
)
)
)
)
)
Appearances: Frank J. Fekete, Attorney (School Legal Service of Kern County);
Carl B. B. Lang III (Schools Employer-Employee Relations Service) for
Richland Elementary School District; Robert M. Baker for California School
Employees Association, Richland Chapter 39.
Before David W. Girard, 	Ad Hoc Hearing Officer
PROCEDURAL HISTORY AND ISSUES
On April 7, 1976, the California School Employees Association, Richland
Chapter 39 	(hereinafter "CSEA") 	filed a request for recognition with the
governing board of the Richland Elementary School District (hereinafter
"District"). 	The request sought a unit of all classified employees of the
District except noon duty supervisors, management, confidential and
supervisory employees. 	On May 10, 1976, the District notified the Los Angeles
Regional Office of the Educational Employment Relations Board that it
had recognized CSEA as the exclusive representative of all classified employees
as requested with the noted exclusions for noon duty supervisors, management,
confidential and supervisory employees.
-1-

Subsequent to the District's recognition of CSEA as the exclusive
representative of all classified employees with the noted exceptions, 	the
parties were unable to agree on whether or not certain employees were
confidential. 	On January 10, 1977, this hearing was requested by CSEA to
determine the contested confidential status of various positions.
At the hearing on this matter, the parties stipulated that unit
composition was not at issue.1 The parties further stipulated that there
were no management or supervisory positions in dispute.
The stipulation is accepted by the hearing officer without further
inquiry. 	The sole issue which remains to be determined is as follows:
Are any or all of the four employees serving in positions of:
secretary III (three such positions) and duplicating account secretary
or secretary II (one such position) to be excluded from the negotiating
unit due to their "confidential" status within the meaning of the
Educational Employment Relations Act.2/
1 	The positions stipulated as included within the unit are as follows:
helper I; part-time helper; helper II; head cook; manager; clerk I;
clerk II; clerk III; secretary I; secretary II; developmental aide;
community aide; health aide; instructional aide; auxiliary services aide;
community liaison aide; part-time custodian; custodian I; custodian II;
bus driver custodian; head gardener driver; maintenance person; bus
driver mechanic; library clerk; library technician; library assistant;
developmental aide-headstart; community aide-headstart; teaching
assistant-headstart; director of headstart.
1/
•
- 2 -
2Government Code Section 3540 et seq.; 	See specifically Section 3540.l(c).

DISCUSSION
I
Richland Elementary School District has an average daily attendance
of 1,740 students in the kindergarten through eighth grades (k-8). 	The
District has three schools: 	(1) a primary school, grades kindergarten through
grades three; 	(2) an intermediate school, grades four through six; and
(3) a junior high school, grades seven through eight. 	The primary school is
located on a separate campus three blocks from the intermediate and junior
high schools. 	The intermediate and junior high schools are located on a
common building site but are housed in separate buildings. 	The site at
which the intermediate and junior high schools are located is also the
location of the District's administrative offices, also housed in a
separate building.
The administrative organization of the District can be briefly
described as one headed by a superintendent. 	The District has one
assistant superintendent who is immediately below the superintendent.
Under the assistant superintendent are three principals. Also under the
assistant superintendent is the District's administrative assistant, who
in essence acts as the District's business manager. 	Each of the principals
is assigned a secretary III. 	The administrative assistant has no
secretary per se but supervises persons who act in that capacity, one of
which is a duplicating account secretary or secretary IT.
The District's three principals can be treated as having similar duties
and responsibilities for purposes of this hearing. 	Principals serve on the
District's "management team". 	As such they are responsible for consulting,
receiving and considering collective negotiating proposals with the
superintendent and District negotiator. 	Meetings held for that purpose
-3-

involve instructing the District negotiator, and developing statements and
strategies relative to the negotiation process. 	Principals have been
instructed to sit in on negotiating sessions and aid the District's
negotiator. 	Principals evaluate and supervise certificated and classified
staff and are the first level of the grievance procedure.
The files of the principals contain student records, employee
evaluations, psychological reports, and notes and documents from District
"management team" strategy meetings.
The administrative assistant also serves on the District's "management
team". 	The duties of the administrative assistant are to generally assist
the assistant superintendent, develop budget data, assist on personnel
matters, keep accounts, budget preparation and supervise personnel. 	In
general she acts as a business manager. 	She prepares salary proposals
during negotiations with employees. 	The administrative assistant is
housed in the District's central administrative offices.
The District's central files are a repository for collective negotiations
data collected and compiled by management and preliminary drafts of
proposals.
The secretary Ill's (three such positions) are each located in the
District's schools and act as secretary to the principal. 	Their duties will
be treated as being the same for purposes of this hearing. 	Their duties
include typing, filing, recordkeeping and taking transcription. 	Each
secretary III has general and primary responsibility for the clerical
operation of the principal's office. 	She types the principal's notes and
other documents relating to collective negotiations. 	She has access to the
principal's files in the regular course of her duties.
-4-

The secretary II is located in the District's central administrative
office. 	She normally and regularly performs secretarial services for the
administrative assistant who does not have a regular secretary. 	The
duties of the secretary II include typing, copying, filing, proofreading
and gathering cost, budget and salary proposal information. 	She regularly
types salary proposals and salary information. 	She does almost all of
the filing in the District's central files.
IT
Government Code Section 3540.1 (c) provides that "'confidential employee'
means any employee who in the regular course of his duties, has access to,
or possesses information relating to his employer's employer-employee
relations".
In Sierra Sands 3/ the Educational Employment Relations Board in interpreting
Government Code Section 3540.l(c) said, "The underlying assumption then, is
that the employer.. .must be assured of the individual loyalty of a nucleus
of staff designated as 'confidential employees'".
It is found from the evidence presented that the secretary Ill's are
confidential employees within the meaning of the Act and the secretary II
is not a confidential employee.
It is important to note that the District has an enrollment of only
1700 pupils. 	Because of its size, the District is administered by a central
staff consisting of only three persons—the superintendent, assistant
superintendent and an administrative assistant. 	The principals, therefore,
play a larger role in representing the management team here than they might in
a larger district. 	They develop position statements for negotiations, sit
3 EERB Decision No. 2 (October 14, 1976); See also Fremont Unified School
District, EERB Decision No. 6 (December 16, 1976).
-5-

in on the sessions and instruct the negotiator.
Each of the secretary III's is found to be confidential because of the
important role performed by his or her boss in negotiations. 	Each secretary
types and files notes on negotiations strategy sessions. 	These
responsibilities are carried out in the regular course of his or her duties.
The secretary II acts as the secretary to the administrative assistant,
who serves as the business manager. 	The administrative assistant prepares
the budget and prepares salary information for negotiations.
The evidence does not indicate the nature of the salary data prepared.
If the information the secretary II types and files is data used to show
current salaries or project possible increases, it is not confidential.
No evidence shows that she sees proposals which evaluate salary data and
which, if revealed, would affect the employer's negotiating position.
The filing of central office personnel and other records considered to be
"confidential" by the District does not necessarily mean that an employee
has access to confidential employer-employee relations information. 	The
secretary II should remain in the unit.
PROPOSED DECISION
It is the proposed decision that:
1. The employees occupying the position of secretary III (three such
positions) are confidential employees within the meaning of the EERA and
as such excluded from the negotiating unit.
2. The duplicating account secretary or secretary II is not a
confidential employee and shall be included in the negotiating unit.
-6-

The parties have seven 	(7) 	calendar ~ays 	from receipt of this
proposed decision in which to file exceptions in accordance with
Section 33380 of California Administrative Code Title 8. 	If no party
files timely exceptions, 	this proposed decision will become final on
August 2, 	1977, 	and a Notice of Decision will issue from the Board .
Dated: 	July 22, 	1977
,
David 	Girard
Ad Hoc Hearing Officer
w.
- 7-

STATE OF CALIFORNIA 	EDMUND G. BROWN JR., Governor
EDUCATIONAL 	EMPLOYMENT 	RELATIONS 	BOARD
Headquarters Office
923 12th Street, Suite 201
Sacramento, Ca li fornia 	95814
(916) 322-3088
September 	13 , 	1977
Carl B. 	B . 	Lang III
Schools 	Employer - Employee 	Relations
Service
5801 Sunda l e Avenue
Bakersfield CA 	93309
Robert M. 	Baker
California 	Schoo l 	Employees
Association
Ri ch land Chapter 	39
1202 W. 	Cherry Street
Visalia CA 	93277
Frank J. 	Fekete, 	Attorney
School Legal 	Service of Kern County
5801 Sundale Avenue
Bakersfield CA 	93309
RE : 	Richland Elementary School District, 	Case No . 	LA - UC-14 	- 	EERB Decision
No. 	26
Enclosed 	is a 	copy of 	the Order adopted by the Educational Employment
Relations 	Board concerning Richland Elementary School District's 	exception
to the hearing officer's proposed decision dated July 22, 	1977 .
Sincerely,
Charles L. 	Cole
Executive Director
Enc losure
CLC/tz
cc 	Evron Barber, 	Superintendent
Richland Elementary School 	District
331 	Shafter Avenue
Shafter CA 	93263
California School Employees Association
2350 	Paragon Drive
P. 	0. 	Box 640
San Jose CA 	95106