Marin Community College District (PERB 0055E)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
Employer ,
and
CIVIL SERVICE ASSOCIATION, LOCAL 400, SEIU, 	) Case Nos. SF-R-14
SF-R-15
Employee Organization, 	SF-R-454
and 	PERB Decision No. 55
CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION, 	June 26, 1978
Chapter 196,
Employee Organization.
Appearances: Richard Godino, Attorney (Breon, Galgani &
Godino) for Marin Community College District;
Robert J. Bezemek, Attorney (Van Bourg, Allen, Weinberg &
Roger) for Civil Service Association, Local 400, SEIU, AFL-CIO;
Patrick McGovern, Attorney for California School Employees
Association; Harry Pieper, Personnel Officer for Marin
Community College District; and John A. Grasham, Superintendent
for Marin Community College District.
Before Gluck, Chairperson; Gonzales and Cossack Twohey, Members.
OPINION
This case is before the Public Employment Relations Board
(hereafter PERB) on the exceptions of the Marin Community
College District (hereafter District) and the Civil Service
Association, Local 400, SEIU, AFL-CIO, (hereafter SEIU) to the
attached hearing officer's proposed decision.
The District excepted to the hearing officer's conclusion
that the public information officer was not a management
STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
MARIN COMMUNITY COLLEGE DISTRICT,
Employer,
and
CIVIL 	SERVICE 	ASSOCIATION, 	LOCAL 	400, 	SEIU,
Employee 	Organization,
and
CALIFORNIA 	SCHOOL 	EMPLOYEES 	ASSOCIATION,
Chapter 	196,
Employee 	Organization.
MARIN 	COMMUNITY 	COLLEGE 	DISTRICT, 	)
)
)
)
)
)
)Case 	Nos. 	SF-R-14
SF-R-15
SF-R-454
PERB 	Decision 	No. 	55
June 	26, 	1978
)
)
)
)
)
)
)
)
)
________________________ )
Appearances: 	Richard 	Godino, 	Attorney 	(Breon, 	Galgani 	&
Godino) 	for 	Marin 	Community 	College 	District;
Robert 	J. 	Bezemek, 	Attorney 	(Van 	Bourg, 	Allen, 	Weinberg 	&
Roger) 	for 	Civil 	Service 	Association, 	Local 	400, 	SEIU, 	AFL-CIO;
Patrick 	McGovern, 	Attorney 	for 	California 	School 	Employees
Association; 	Harry 	Pieper, 	Personnel 	Officer 	for 	Marin
Community 	College 	District; 	and 	John 	A. 	Grasham, 	Superintendent
for 	Marin 	Community 	College 	District.
Before 	Gluck, 	Chairperson; 	Gonzales 	and 	Cossack 	Twohey, 	Members.
OPINION
This 	case 	is 	before 	the 	Public 	Employment 	Relations 	Board
(hereafter 	PERB) 	on 	the 	exceptions 	of 	the 	Marin 	Community
College 	District 	(hereafter 	District) 	and 	the 	Civil 	Service
Association, 	Local 	400, 	SEIU, 	AFL-CIO, 	(hereafter 	SEIU) 	to 	the
attached 	hearing 	officer's 	proposed 	decision.
The 	District 	excepted 	to 	the 	hearing 	officer's 	conclusion
that 	the 	public 	information 	officer 	was 	not 	a 	management

employee within the meaning of Educational Employment Relations
Act (hereafter EERA) section 3540.1 (g) ; and therefore is a
member of a classified negotiating unit; that the maintenance
supervisor, custodial supervisor, assistant custodial
supervisor and campus police supervisor are not supervisory
employees within the meaning of section 3540.1(m) and are,
therefore, in a classified negotiating unit; and that the
secretary I-personnel officer and secretary III-business
manager are not confidential employees within the meaning of
section 3540.1 (c) and are, therefore, in a classified
negotiating unit.
SEIU's exceptions to the hearing officer's proposed
decision objected to the finding that the supervisor of
gardeners/ groundskeepers was a supervisory employee within the
meaning of section 3540.1 (m) and, therefore, excluded from a
classified unit, and also to the determination that there are
only two appropriate classified negotiating units. These
latter exceptions centered on the hearing officer's refusal to
find appropriate separate negotiating units of
technical/quasi-professional employees and of office employees.
THE APPROPRIATE UNITS FOR NEGOTIATING
The jurisdiction of PERB to determine appropriate
negotiating units for all classified employees of the District
1All statutory references herein are to Government Code
sections 3540 et sea., unless otherwise noted, also referred to
as the Educational Employment Relations Act.
2
employee 	within 	the 	meaning 	of 	Educational 	Employment 	Relations
Act 	(hereafter 	EERA) 	section 	3540.l(g); 1 and 	therefore 	is 	a
member 	of 	a 	classified 	negotiating 	unit; 	that 	the 	maintenance
supervisor, 	custodial 	supervisor, 	assistant 	custodial
supervisor 	and 	campus 	police 	supervisor 	are 	not 	supervisory
employees 	within 	the 	meaning 	of 	section 	3540.l(m) 	and 	are,
therefore, 	in 	a 	classified 	negotiating 	unit; 	and 	that 	the
secretary 	I-personnel 	officer 	and 	secretary 	III-business
manager 	are 	not 	confidential 	employees 	within 	the 	meaning 	of
section 	3540.l(c) 	and 	are, 	therefore, 	in 	a 	classified
negotiating 	unit.
SEIU's 	exceptions 	to 	the 	hearing 	officer's 	proposed
decision 	objected 	to 	the 	finding 	that 	the 	supervisor 	of
gardeners/groundskeepers 	was 	a 	supervisory 	employee 	within 	the
meaning 	of 	section 	3540.l(m) 	and, 	therefore, 	excluded 	from 	a
classified 	unit, 	and 	also 	to 	the 	determination 	that 	there 	are
only 	two 	appropriate 	classified 	negotiating 	units. 	These
latter 	exceptions 	centered 	on 	the 	hearing 	officer's 	refusal 	to
find 	appropriate 	separate 	negotiating 	units 	of
technical/quasi-professional 	employees 	and 	of 	office 	employees.
THE 	APPROPRIATE 	UNITS 	FOR 	NEGOTIATING
The 	jurisdiction 	of 	PERB 	to 	determine 	appropriate
negotiating 	units 	for 	all 	classified 	employees 	of 	the 	District
lAll 	statutory 	references 	herein 	are 	to 	Government 	Code
sections 	3540 	et 	seq., 	unless 	otherwise 	noted, 	also 	referred 	to
as 	the 	Educational 	Employment 	Relations 	Act.
2

is conferred by section 3545 and section 3541.3 (a) and by
CSEA's disputed request for recognition in a unit covering all
classified employees in the District.
The hearing officer determined that there should be two
appropriate negotiating units, a "skilled trades and
operations" unit and a unit comprised of all other classified
employees, excluding management, supervisory and confidential
employees. No party excepted to the hearing officer's
determination that the "skilled trades and operations" unit is
an appropriate unit, and we do not find it is a unit which is
inappropriate as contrary to the purposes or policies of the
EERA or PERB. Therefore, we adopt the hearing officer's finding
that the "skilled trades and operations" unit is an appropriate
unit.
What remains for us to determine is what are appropriate
negotiating units for the balance of the classified employees
who are not in the skilled trades and operations unit, and also
what is the proper composition of these units.
SEIU has excepted to the hearing officer's decision that
all classified employees not included in the skilled trades and
operations unit be grouped together in a second residual unit.
SEIU urges that, instead, separate appropriate units of
technical/quasi-professional, and office clerical employees
should be established by this Board. We basically agree with
SEIU's contention. However, we do not find, as will be
explained below, that all of the classifications for which SEIU
has petitioned in its requested units properly belong in the
units in which it suggests they belong.
3
is 	conferred 	by 	section 	3545 	and 	section 	3541.3(a) 	and 	by
CSEA's 	disputed 	request 	for 	recognition 	in 	a 	unit 	covering 	all
classified 	employees 	in 	the 	District.
The 	hearing 	officer 	determined 	that 	there 	should 	be 	two
appropriate 	negotiating 	units, 	a 	"skilled 	trades 	and
operations" 	unit 	and 	a 	unit 	comprised 	of 	all 	other 	classified
employees, 	excluding 	management, 	supervisory 	and 	confidential
employees. 	No 	party 	excepted 	to 	the 	hearing 	officer's
determination 	that 	the 	"skilled 	trades 	and 	operations" 	unit 	is
an 	appropriate 	unit, 	and 	we 	do 	not 	find 	it 	is 	a 	unit 	which 	is
inappropriate 	as 	contrary 	to 	the 	purposes 	or 	policies 	of 	the
EERA 	or 	PERB. 	Therefore, 	we 	adopt 	the 	hearing 	officer's 	finding
that 	the 	"skilled 	trades 	and 	operations" 	unit 	is 	an 	appropriate
unit.
What 	remains 	for 	us 	to 	determine 	is 	what 	are 	appropriate
negotiating 	units 	for 	the 	balance 	of 	the 	classified 	employees
who 	are 	not 	in 	the 	skilled 	trades 	and 	operations 	unit, 	and 	also
what 	is 	the 	proper 	composition 	of 	these 	units.
SEIU 	has 	excepted 	to 	the 	hearing 	officer's 	decision 	that
all 	classified 	employees 	not 	included 	in 	the 	skilled 	trades 	and
operations 	unit 	be 	grouped 	together 	in 	a 	second 	residual 	unit.
SEIU 	urges 	that, 	instead, 	separate 	appropriate 	units 	of
technical/quasi-professional, 	and 	office 	clerical 	employees
should 	be 	established 	by 	this 	Board. 	We 	basically 	agree 	with
SEIU's 	contention. 	However, 	we 	do 	not 	find, 	as 	will 	be
explained 	below, 	that 	all 	of 	the 	classifications 	for 	which 	SEIU
has 	petitioned 	in 	its 	requested 	units 	properly 	belong 	in 	the
units 	in 	which 	it 	suggests 	they 	belong.
3

In establishing separate appropriate units of
technical/quasi-professional classifications and of
office-clerical classifications, we are mindful that these
units differ somewhat in composition from the
"paraprofessional" and "office-technical and business services"
units which were established in the Sweetwater and
Fremont decisions. This variation may be explained by the
differences between the staffing in K-12 districts such as
Pittsburg Unified School District, Sweetwater Union High School
District, and Fremont Unified School District and community
college districts such as Marin Community College District.
In the Pittsburg, Sweetwater and Fremont cases,
"paraprofessional" units consisting primarily of teacher aides
who worked directly with students at the elementary and
secondary level were established. As the description
"paraprofessional" indicates, members of this group work with
professionals rather than performing at the professional level
themselves. The educational requirement for the teacher aide
was generally a 12th-grade education, but in one case was a
10th-grade education. The teacher aides were generally paid by
categorical funding from federal and state sources, and their
2Sweetwater Union High School District (11/23/76) EERB
3Fremont Unified School District (12/16/76) EERB Decision
4pittsburg Unified School District (10/14/76) EERB
In 	establishing 	separate 	appropriate 	units 	of
technical/quasi-professional 	classifications 	and 	of
office-clerical 	classifications, 	we 	are 	mindful 	that 	these
units 	differ 	somewhat 	in 	composition 	from 	the
"paraprofessional" 	and 	"office-technical 	and 	business 	services"
units 	which 	were 	established 	in 	the 	Sweetwater 2 and
Fremont 3 decisions. 	This 	variation 	may 	be 	explained 	by 	the
differences 	between 	the 	staffing 	in 	K-12 	districts 	such 	as
Pittsburg 	Unified 	School 	District, 	Sweetwater 	Union 	High 	School
District, 	and 	Fremont 	Unified 	School 	District 	and 	community
college 	districts 	such 	as 	Marin 	Community 	College 	District.
In 	the 	Pittsburg, 4 Sweetwater 	and 	Fremont 	cases,
"paraprofessional" 	units 	consisting 	primarily 	of 	teacher 	aides
who 	worked 	directly 	with 	students 	at 	the 	elementary 	and
secondary 	level 	were 	established. 	As 	the 	description
"paraprofessional" 	indicates, 	members 	of 	this 	group 	work 	with
professionals 	rather 	than 	performing 	at 	the 	professional 	level
themselves. 	The 	educational 	requirement 	for 	the 	teacher 	aide
was 	generally 	a 	12th-grade 	education, 	but 	in 	one 	case 	was 	a
10th-grade 	education. 	The 	teacher 	aides 	were 	generally 	paid 	by
categorical 	funding 	from 	federal 	and 	state 	sources, 	and 	their
2sweetwater 	Union 	High 	School 	District 	(11/23/76) 	EERB
Decision 	No. 	4.Decision No. 4.
3Fremont 	Unified 	School 	District 	(12/16/76) 	EERB 	Decision
No. 	6.No. 6.
4pittsburg 	Unified 	School 	District 	(10/14/76) 	EERB
Decision 	No. 	3..	Decision No. 3
4

continued employment might depend on the continued availability
of such non-district generated funding.
By contrast, in the Marin Community College District many
classified employees who work closely with students, such as
laboratory assistant, instructional assistant or A-V
technician, function at a more advanced level than do
"paraprofessional" employees in K-12 school settings. 	Their
functions border on the professional and their educational
prerequisites are similarly more demanding. Laboratory
technicians are generally required to have an educational
background equivalent to two years of college, including course
work related to the area in which the technician works. 	They
possess a high degree of technical skill, often in a complex
subject area such as biology or chemistry, and their individual
area of technical skill is related to the expertise of the
instructor with whom they are assigned to work. 	Testimony
indicates that laboratory technicians are familiar with, and
test, sophisticated, technical apparatus, and that their work
also requires the exercise of independent judgment. Thus,
compared to the K-12 teacher aides, laboratory and
instructional assistants seem to function with relative
autonomy. A further distinction is that the laboratory
assistants and related technical positions are not funded by
categorical funding from state and local sources, but rather
their positions are funded by district funds. Their continued
employment, therefore, is not dependent on continued funding
from non-district sources.
5
continued 	employment 	might 	depend 	on 	the 	continued 	availability
of 	such 	non-district 	generated 	funding.
By 	contrast, 	in 	the 	Marin 	Community 	College 	District 	many
classified 	employees 	who 	work 	closely 	with 	students, 	such 	as
laboratory 	assistant, 	instructional 	assistant 	or 	A-V
technician, 	function 	at 	a 	more 	advanced 	level 	than 	do
"paraprofessional" 	employees 	in 	K-12 	school 	settings. 	Their
functions 	border 	on 	the 	professional 	and 	their 	educational
prerequisites 	are 	similarly more 	demanding. 	Laboratory
technicians 	are 	generally 	required 	to 	have 	an 	educational
background 	equivalent 	to 	two 	years 	of 	college, 	including 	course
work 	related 	to 	the 	area 	in 	which 	the 	technician 	works. 	They
possess 	a 	high 	degree 	of 	technical 	skill, 	often 	in 	a 	complex
subject 	area 	such 	as 	biology 	or 	chemistry, 	and 	their 	individual
area 	of 	technical 	skill 	is 	related 	to 	the 	expertise 	of 	the
instructor 	with 	whom 	they 	are 	assigned 	to 	work. 	Testimony
indicates 	that 	laboratory 	technicians 	are 	familiar 	with, 	and
test, 	sophisticated, 	technical 	apparatus, 	and 	that 	their 	work
also 	requires 	the 	exercise 	of 	independent 	judgment. 	Thus,
compared 	to 	the 	K-12 	teacher 	aides, 	laboratory 	and·
instructional 	assistants 	seem 	to 	function 	with 	relative
autonomy. 	A further 	distinction 	is 	that 	the 	laboratory
assistants 	and 	related 	technical 	positions 	are 	not 	funded 	by
categorical 	funding 	from 	state 	and 	local 	sources, 	but 	rather
their 	positions 	are 	funded 	by 	district 	funds. 	Their 	continued
employment, 	therefore, 	is 	not 	dependent 	on 	continued 	funding
from 	non-district 	sources.
5

In addition to these instruction-related classifications,
the District has a large number of responsible nonmanagement
administrative and technical positions which form a part of an
appropriate technical/quasi-professional negotiating unit.
Like the instruction-related technical positions, incumbents in
these positions generally are required to have two years, and
occasionally four years, of college education or its
equivalent, often with related specialized course work.
Incumbents in these positions typically function with
relative autonomy and may frequently exercise independent
judgment in the performance of their assigned duties.
While there are classifications in this unit, such as the
production assistant, which are not required to have relatively
high educational qualifications, they do share with other unit
classifications the possession of a specialized skill, such as
artistic set design ability. In addition, this position
requires direct work with students. In any event, incumbents
in these positions have little in common with employees in
clerical positions.
In reaching a determination of what are appropriate units
in the present case, we reaffirm our position articulated in
Antioch Unified School District" that application of the unit
determination criteria in section 3545 (a) requires a weighing
and balancing in respect to each other in order to achieve
5Antioch Unified School District (11/7/77) EERB Decision
6
In 	addition 	to 	these 	instruction-related 	classifications,
the 	District 	has 	a 	large 	number 	of 	responsible 	nonmanagement
administrative 	and 	technical 	positions 	which 	form 	a 	part 	of 	an
appropriate 	technical/quasi-professional 	negotiating 	unit.
Like 	the 	instruction-related 	technical 	positions, 	incumbents 	in
these 	positions 	generally 	are 	required 	to 	have 	two 	years, 	and
occasionally 	four 	years, 	of 	college 	education 	or 	its
equivalent, 	often 	with 	related 	specialized 	course 	work.
Incumbents 	in 	these 	positions 	typically 	function 	with
relative 	autonomy 	and 	may 	frequently 	exercise 	independent
judgment 	in 	the 	performance 	of 	their 	assigned 	duties.
While 	there 	are 	classifications 	in 	this 	unit, 	such 	as 	the
production 	assistant, 	which 	are 	not 	required 	to 	have 	relatively
high 	educational 	qualifications, 	they 	do 	share 	with 	other 	unit
classifications 	the 	possession 	of 	a 	specialized 	skill, 	such 	as
artistic 	set 	design 	ability. 	In 	addition, 	this 	position
requires 	direct 	work 	with 	students. 	In 	any 	event, 	incumbents
in 	these 	positions 	have 	little 	in 	common 	with 	employees 	in
clerical 	positions.
In 	reaching 	a 	determination 	of 	what 	are 	appropriate 	units
in 	the 	present 	case, 	we 	reaffirm 	our 	position 	articulated 	in
Antioch 	Unified 	School 	District 5 that 	application 	of 	the 	unit
determination 	criteria 	in 	section 	3545(a) 	requires 	a 	weighing
and 	balancing 	in 	respect 	to 	each 	other 	in 	order 	to 	achieve
5Antioch 	Unified 	School 	District 	(11/7/77) 	EERB 	Decision
No. 	37.No. 37.
6

consistency of application and the general objectives of the
EERA . 	Section 3545 (a) provides:
In each case where the appropriateness of
the unit is an issue, the board shall decide
the question on the basis of the community
of interest between and among the employees
and their established practices including,
among other things, the extent to which such
employees belong to the same employee
organization, and the effect of the size of
the unit on the efficient operation of the
school district.
For this reason, the Board has consistently rejected the
application of the labels "an" or "the" in connection with its
appropriate unit determination process.
The first criterion is the "community of interest between
and among employees. " We determine that application of this
criterion to the facts of this case leads to a separate
appropriate unit of technical and quasi-professional employees,
which we shall refer to as a "technical/quasi-professional"
unit, and a separate unit of office and clerical employees,
which we shall refer to as an "office-clerical" unit.
In establishing these separate negotiating units, we find
that the criterion of community of interest requires that
members of an appropriate negotiating unit share among
themselves a community of interest based upon job function,
educational and other special training qualifications,
supervision, salary and other compensation relationships, and
other relevant factors. The following division of
classifications of classified employees into a
technical/quasi-professional unit and into an office-clerical
consistency 	of 	application 	and 	the 	general 	objectives 	of 	the
EERA. 	Section 	3545(a) 	provides:
In 	each 	case 	where 	the 	appropriateness 	of
the 	unit 	is 	an 	issue, 	the 	board 	shall 	decide
the 	question 	on 	the 	basis 	of 	the 	community
of 	interest 	between 	and 	among 	the 	employees
and 	their 	established 	practices 	including,
among 	other 	things, 	the 	extent 	to 	which 	such
employees 	belong 	to 	the 	same 	employee
organization, 	and 	the 	effect 	of 	the 	size 	of
the 	unit 	on 	the 	efficient 	operation 	of 	the
school 	district.
For 	this 	reason, 	the 	Board 	has 	consistently 	rejected 	the
application 	of 	the 	labels 	"an" 	or 	"the" 	in 	connection 	with 	its
appropriate 	unit 	determination 	process.
The 	first 	criterion 	is 	the 	"community 	of 	interest 	between
and 	among 	employees." 	We 	determine 	that 	application 	of 	this
criterion 	to 	the 	facts 	of 	this 	case 	leads 	to 	a 	separate
appropriate 	unit 	of 	technical 	and 	quasi-professional 	employees,
which 	we 	shall 	refer 	to 	as 	a 	"technical/quasi-professional"
unit, 	and 	a 	separate 	unit 	of 	office 	and 	clerical 	employees,
which 	we 	shall 	refer 	to 	as 	an 	"office-clerical" 	unit.
In 	establishing 	these 	separate 	negotiating 	units, 	we 	find
that 	the 	criterion 	of 	community 	of 	interest 	requires 	that
members 	of 	an 	appropriate 	negotiating 	unit 	share 	among
themselves 	a 	community 	of 	interest 	based 	upon 	job 	function,
educational 	and 	other 	special 	training 	qualifications,
supervision, 	salary 	and 	other 	compensation 	relationships, 	and
other 	relevant 	factors. 	The 	following 	division 	of
classifications 	of 	classified 	employees 	into 	a
technical/quasi-professional 	unit 	and 	into 	an 	office-clerical
7

unit is based upon our finding that each of these units has a
community of interest which is separate and distinct from the
other unit.
Employees in the technical/quasi-professional unit share a
separate and distinct community of interest based on a variety
of factors, including job function, education, other special
training qualifications and supervision, and, therefore,
constitute a separate unit for negotiating.
In this unit we place employees whose job requires them to
function in a manner frequently calling for the exercise of
independent judgment and who often function in a professional,
quasi-professional or technical capacity. Performance in these
positions entails considerable responsibility and involves the
performance of relatively complex assignments, often relating
to the educational mission of the institution, as contrasted to
performance of the more routine paperwork and bookkeeping tasks
performed by clerical employees.
Technical/Quasi-professional Unit: According to the
district job description and testimonial evidence:
community liaison officer does community liaison work under
general direction and must have the equivalent of two years of
college, including courses in the behavioral sciences or a
related field. The accountant performs technical accounting
work of average difficulty in the establishment and maintenance
of accounts and records, in the preparation of financial
statements, and does related work. The accountant must have
the equivalent to graduation from college including 16 semester
unit 	is 	based 	upon 	our 	finding 	that 	each 	of 	these 	units 	has 	a
community 	of 	interest 	which 	is 	separate 	and 	distinct 	from 	the
other 	unit.
Employees 	in 	the 	technical/quasi-professional 	unit 	share 	a
separate 	and 	distinct 	community 	of 	interest 	based 	on 	a 	variety
of 	factors, 	including 	job 	function, 	education, 	other 	special
training 	qualifications 	and 	supervision, 	and, 	therefore,
constitute 	a 	separate 	unit 	for 	negotiating.
In 	this 	unit 	we 	place 	employees 	whose 	job 	requires 	them 	to
function 	in 	a 	manner 	frequently 	calling 	for 	the 	exercise 	of
independent 	judgment 	and 	who 	often 	function 	in 	a 	professional,
quasi-professional 	or 	technical 	capacity. 	Performance 	in 	these
positions 	entails 	considerable 	responsibility 	and 	involves 	the
performance 	of 	relatively 	complex 	assignments, 	often 	relating
to 	the 	educational 	mission 	of 	the 	institution, 	as 	contrasted 	to
performance 	of 	the 	more 	routine 	paperwork 	and 	bookkeeping 	tasks
performed 	by 	clerical 	employees.
Technical/Quasi-professional 	Unit: 	According 	to 	the
district 	job 	description 	and 	testimonial 	evidence: 	TheThe
community 	liaison 	officer 	does 	community 	liaison 	work 	under
general 	direction 	and 	must 	have 	the 	equivalent 	of 	two 	years 	of
college, 	including 	courses 	in 	the 	behavioral 	sciences 	or 	a
related 	field. 	The 	accountant 	performs 	technical 	accounting
work 	of 	average 	difficulty 	in 	the 	establishment 	and 	maintenance
of 	accounts 	and 	records, 	in 	the 	preparation 	of 	financial
statements, 	and 	does 	related 	work. 	The 	accountant 	must 	have
the 	equivalent 	to 	graduation 	from 	college 	including 	16 	semester
8

hours of professional accounting courses . 	The affirmative
action officer is responsible under direction for the
development and implementation of the district affirmative
action program. 	This involves recommending to the
superintendent and presidents goals and timetables for
affirmative action employment goals, development of minority
employment training programs, and providing comprehensive
reports as to the racial, sex and ethnic composition of
district employees in all categories.
The admissions and records officer manages the records and
admissions functions of the college and is required to have the
equivalent of completion of two years of college. The public
information officer prepares and disseminates information
concerning District activities, and designs and edits District
publications. The public information officer is required to
have completed the equivalent of graduation from college,
preferably with a major in English or journalism. 	The
coordinator of public events under general supervision
coordinates the planning, promotion and staging of the
community services concert and lecture series for the colleges
in the district. This involves analyzing the facility
requirements for artists and lecturers, assisting in budget
preparation and contacting community groups concerning
promotions of events. 	The coordinator of public events must
have an educational background equivalent to two years of
college.
9
hours 	of 	professional 	accounting 	courses. 	The 	affirmative
action 	officer 	is 	responsible 	under 	direction 	for 	the
development 	and 	implementation 	of 	the 	district 	affirmative
action 	program. 	This 	involves 	recommending 	to 	the
superintendent 	and 	presidents 	goals 	and 	timetables 	for
affirmative 	action 	employment 	goals, 	development 	of 	minority
employment 	training 	programs, 	and 	providing 	comprehensive
reports 	as 	to 	the 	racial, 	sex 	and 	ethnic 	composition 	of
district 	employees 	in 	all 	categories.
The 	admissions 	and 	records 	officer 	manages 	the 	records 	and
admissions 	functions 	of 	the 	college 	and 	is 	required 	to 	have 	the
equivalent 	of 	completion 	of 	two 	years 	of 	college. 	The 	public
information 	officer 	prepai~s 	and 	disseminates 	information
concerning 	District 	activities, 	and 	designs 	and 	edits 	District
publications. 	The 	public 	information 	officer 	is 	required 	to
have 	completed 	the 	equivalent 	of 	graduation 	from 	college,
preferably 	with 	a 	major 	in 	English 	or 	journalism. 	The
coordinator 	of 	public 	events 	under 	general 	supervision
coordinates 	the 	planning, 	promotion 	and 	staging 	of 	the
community 	services 	concert 	and 	lecture 	series 	for 	the 	colleges
in 	the 	district. 	This 	involves 	analyzing 	the 	facility
requirements 	for 	artists 	and 	lecturers, 	assisting 	in 	budget
preparation 	and 	contacting 	community 	groups 	concerning
promotions 	of 	events. 	The 	coordinator 	of 	public 	events 	must
have 	an 	educational 	background 	equivalent 	to 	two 	years 	of
college.
9

The student placement officer administers the college's
student placement program and advises students on placement
matters. This position requires an educational background
equivalent to graduation from college with a major in business
or public administration or a related field. The purchasing
agent, under general direction, organizes and performs the
purchasing, inventory and warehousing operations of the
district and does related work. The purchasing agent must have
the equivalent to graduation from college preferably with a
major in business administration or a related field. The data
processing analyst systems programmer implements and maintains
the computer operating system and writes application programs
including the ability to write programs in assembly language.
This position also requires an intimate knowledge of the IBM
DOS/VS disc operating system. Incumbents are required to have
an education equivalent to four years of college.
The data processing analyst programmer also writes computer
programs and is required to have an education equivalent to
four years of college. The planning associate-construction
assists in review of planning and contract documents for
construction departments, prepares documents for submission to
state agencies and related functions related to construction at
the college. 	This position requires knowledge of building
codes and related regulations, the ability to read and
interpret complex building plans and specifications, completion
of 12th grade and four years construction experience. 	The
facilities coordinator coordinates budgeting and implementation
10
The 	student 	placement 	officer 	administers 	the 	college's
student 	placement 	program 	and 	advises 	students 	on 	placement
matters. 	This 	position 	requires 	an 	educational 	background
equivalent 	to 	graduation 	from 	college 	with 	a 	major 	in 	business
or 	public 	administration 	or 	a 	related 	field. 	The 	purchasing
agent, 	under 	general 	direction, 	organizes 	and 	performs 	the
purchasing, 	inventory 	and 	warehousing 	operations 	of 	the
district 	and 	does 	related 	work. 	The 	purchasing 	agent 	must 	have
the 	equivalent 	to 	graduation 	from 	college 	preferably 	with 	a
major 	in 	business 	administration 	or 	a 	related 	field. 	The 	data
processing 	analyst 	systems 	programmer 	implements 	and 	maintains
the 	computer 	operating 	system 	and 	writes 	application 	programs
including 	the 	ability 	to 	write 	programs 	in 	assembly 	language.
This 	position 	also 	requires 	an 	intimate 	knowledge 	of 	the 	IBM
DOS/VS 	disc 	operating 	system. 	Incumbents 	are 	required 	to 	have
an 	education 	equivalent 	to 	four 	years 	of 	college.
The 	aata 	processing 	analyst 	programmer 	also 	writes 	computer
programs 	and 	is 	required 	to 	have 	an 	education 	equivalent 	to
four 	years 	of 	college. 	The 	planning 	associate-construction
assists 	in 	review 	of 	planning 	and 	contract 	documents 	for
construction 	departments, 	prepares 	documents 	for 	submission 	to
state 	agencies 	and 	related 	functions 	related 	to 	construction 	at
the 	college. 	This 	position 	requires 	knowledge 	of 	building
codes 	and 	related 	regulations, 	the 	ability 	to 	read 	and
interpret 	complex 	building 	plans 	and 	specifications, 	completion
of 	12th 	grade 	and 	four 	years 	construction 	experience. 	The
facilities 	coordinator 	coordinates 	budgeting 	and 	implementation
10

of minor capital outlay projects, and represents the Office of
Planning in consultation with local agencies, and related
functions. The facilities coordinator must be able to read and
interpret complex building plans and specifications and have
completed the equivalent to graduation from college in the
related specialized field.
The accounting technician performs subprofessional work
which may include bookkeeping, contract analysis, preparation
of financial statements, conducting audits or a variety of
other accounting functions. The accounting technician must
have at least a 12th grade education including or supplemented
by at least nine hours of a professional accounting
curriculum. 	The test technician arranges for, administers and
scores a variety of student tests and trains test proctors.
The test technician must have the equivalent of two years of
college. 	The admissions technician performs a variety of
specialized and difficult technical and clerical work involving
the processing of student applications for admission.
Incumbents in this position must have the equivalent to
completion of two years of college.
The library technical assistant performs a wide variety of
responsible subprofessional library duties. 	These may include
simpler classification and descriptive cataloging of books,
supervising the ordering and receiving of new books and
periodicals, supervising circulation and reserve book services,
complex bibliographic research for books to be ordered,
answering general questions and referring reference questions
11
of 	minor 	capital 	outlay 	projects, 	and 	represents 	the 	Office 	of
Planning 	in 	consultation 	with 	local 	agencies, 	and 	related
functions. 	The 	facilities 	coordinator 	must 	be 	able 	to 	read 	and
interpret 	complex 	building 	plans 	and 	specifications 	and 	have
completed 	the 	equivalent 	to 	graduation 	from 	college 	in 	the
related 	specialized 	field.
The 	accounting 	technician 	performs 	subprofessional 	work
which 	may 	include 	bookkeeping, 	contract 	analysis, 	preparation
of 	financial 	statements, 	conducting 	audits 	or 	a 	variety ?f
other 	accounting 	functions. 	The 	accounting 	technician 	must
have 	at 	least 	a 	12th 	grade 	education 	including 	or 	supplemented
by 	at 	least 	nine 	hours 	of 	a 	professional 	accounting
curriculum. 	The 	test 	technician 	arranges 	for, 	administers 	and
scores 	a 	variety 	of 	student 	tests 	and 	trains 	test 	proctors.
The 	test 	technician 	must 	have 	the 	equivalent 	of 	two 	years 	of
college. 	The 	admissions 	technician 	performs 	a 	variety 	of
specialized 	and 	difficult 	technical 	and 	clerical 	work 	involving
the 	processing 	of 	student 	applications 	for 	admission.
Incumbents 	in 	this 	position 	must 	have 	the 	equivalent 	to
completion 	of 	two 	years 	of 	college.
The 	library 	technical 	assistant 	performs 	a 	wide 	variety 	of
responsible 	subprofessional 	library 	duties. 	These 	may 	include
simpler 	classification 	and 	descriptive 	cataloging 	of 	books,
supervising 	the 	ordering 	and 	receiving 	of 	new 	books 	and
periodicals, 	supervising 	circulation 	and 	reserve 	book 	services,
complex 	bibliographic 	research 	for 	books 	to 	be 	ordered,
answering 	general 	questions 	and 	referring 	reference 	questions
11

to professional librarians. Library technical assistants must
have specialized training in library technology which may be
acquired through the completion of a two-year community college
library technology program or through on-the-job library
experience. Library technical assistants are required to have
the equivalent to the completion of two years of college. The
typesetter/graphics designer, under general supervision,
conceptualizes, plans and/or designs comprehensive and basic
layout of materials and prepares them for the camera-ready
printing stage, operates typesetting machines and composes copy
of a varied and difficult nature and performs related work.
The incumbent in this position must have the ability to
independently plan, design and lay out a variety of materials,
do difficult clerical work including figuring costs and
economical uses of paper and supplies, and must have an
education equivalent to completion of the 12th grade. The
electronics technician works under general supervision to
install, maintain, adjust and perform major repairs to a wide
variety of electronic and mechnical equipment. The electronics
technician advises faculty and student personnel in preventive
maintenance and the correct use of equipment. The electronics
technician must have an education equivalent to the completion
of two years of college including courses in electronics theory
and practices. 	The electronics technician works with the
audio-visual department of the college.
The instructional materials specialist works under general
supervision to design and construct three-dimensional teaching
12
to 	professional 	librarians. 	Library 	technical 	assistants 	must
have 	specialized 	training 	in 	library 	technology 	which 	may 	be
acquired 	through 	the 	completion 	of 	a 	two-year 	community 	college
library 	technology 	program 	or 	through 	on-the-job 	library
experience. 	Library 	technical 	assistants 	are 	required 	to 	have
the 	equivalent 	to 	the 	completion 	of 	two 	years 	of 	college. 	The
typesetter/graphics 	designer, 	under 	general 	supervision,
conceptualizes, 	plans 	and/or 	designs 	comprehensive 	and 	basic
layout 	of 	materials 	and 	prepares 	them 	for 	the 	camera-ready
printing 	stage, 	operates 	typesetting 	machines 	and 	composes 	copy
of 	a 	varied 	and 	difficult 	nature 	and 	performs 	related 	work.
The 	incumbent 	in 	this 	position 	must 	have 	the 	ability 	to
independently 	plan, 	design 	and 	lay 	out 	a·~ariety of 	materials,
do 	difficult 	clerical 	work 	including 	figuring 	costs 	and
economical 	uses 	of 	paper 	and 	supplies, 	and 	must 	have 	an
education 	equivalent 	to 	completion 	of 	the 	12th 	grade. 	The
electronics 	technician 	works 	under 	general 	supervision 	to
install, 	maintain, 	adjust 	and 	perform 	major 	repairs 	to 	a 	wide
variety 	of 	electronic 	and 	mechnical 	equipment. 	The 	electronics
technician 	advises 	faculty 	and 	student 	personnel 	in 	preventive
maintenance 	and 	the 	correct 	use 	of 	equipment. 	The 	electronics
technician 	must 	have 	an 	education 	equivalent 	to 	the 	completion
of 	two 	years 	of 	college 	including 	courses 	in 	electronics 	theory
and 	practices. 	The 	electronics 	technician 	works 	with 	the
audio-visual 	department 	of 	the 	college.
The 	instructional 	materials 	specialist 	works 	under 	general
supervision 	to 	design 	and 	construct 	three-dimensional 	teaching
12

aids and performs related work. 	The three-dimensional aids may
range from dental drills to solar systems. The instructional
materials specialist transforms teaching concepts and ideas
into functional aids involving the fabrication of scale models
in metal, wood and plastic. The instructional materials
specialist must have the equivalent of two years of college
with a major in art. The graphic artist works under general
supervision to prepare art work for instructional purposes
either as a direct visual aid or for duplication and performs
related work as required. The graphic artist must have the
equivalent to completion of two years of college with a major
in art. The house gallery manager is connected with the drama
department and deals with administration of the college
theater. 	The house gallery manager is assisted by the
production assistant.
The campus public information and publications assistant,
under general supervision, assists the college president in
dissemination of information concerning the college and assists
with the design, layout and editing of publications. 	The
campus public information and publications assistant must have
an educational background equivalent to completion of two years
of college with course work in English or journalism.
Other classified employees in this negotiating unit, many
of whom must have specialized technical training, work directly
with students in connection with the educational program. 	The
student activities assistant, under general supervision, works
directly with students providing advice, information and other
13
aids 	and 	performs 	related 	work. 	The 	three-dimensional 	aids 	may
range 	from 	dental 	drills 	to 	solar 	systems. 	The 	instructional
materials 	specialist 	transforms 	teaching 	concepts 	and 	ideas
into 	functional 	aids 	involving 	the 	fabrication 	of 	scale 	models
in 	metal, 	wood 	and 	plastic. 	The 	instructional 	materials
specialist 	must 	have 	the 	equivalent 	of 	two 	years 	of 	college
with 	a 	major 	in 	art. 	The 	graphic 	artist 	works 	under 	general
supervision 	to 	prepare 	art 	work 	for 	instructional 	purposes
either 	as 	a 	direct 	visual 	aid 	or 	for 	duplication 	and 	performs
related 	work 	as 	required. 	The 	graphic 	artist 	must 	have 	the
equivalent 	to 	completion 	of 	two 	years 	of 	college 	with 	a 	major
in 	art. 	The 	house 	gallery 	manager 	is 	connected 	with 	the 	drama
department 	and 	deals 	with 	administration 	of 	the 	college
theater. 	The 	house 	gallery 	manager 	is 	assisted 	by 	the
production 	assistant.
The 	campus 	public 	information 	and 	publications 	assistant,
under 	general 	supervision, 	assists 	the 	college 	president 	in
dissemination 	of 	information 	concerning 	the 	college 	and 	assists
with 	the 	design, 	layout 	and 	editing 	of 	publications. 	The
campus 	public 	information 	and 	publications 	assistant 	must 	have
an 	educational 	background 	equivalent 	to 	completion 	of 	two 	years
of 	college 	with 	course 	work 	in 	English 	or 	journalism.
Other 	classified 	employees 	in 	this 	negotiating 	unit, 	many
of 	whom 	must 	have 	specialized 	technical 	training, 	work 	directly
with 	students 	in 	connection 	with 	the 	educational 	program. 	The
student 	activities 	assistant, 	under 	general 	supervision, 	works
directly 	with 	students 	providing 	advice, 	information 	and 	other
13

assistance to students concerning the organization and
functioning of student activities at the college. Employees in
this position must have the equivalent to the completion of one
year of college. The audio-visual technician functions under
general supervision, and delivers and operates audio-visual
supplies and equipment, and provides technical guidance to
instructors and other personnel concerning the use and
maintenance of audio-visual materials and equipment. The
audio-visual technician works with faculty and students to
prepare audio-visual aids such as learning packets, tape
recordings, cassette recordings and overhead transparency.
The audio-visual technician must have the equivalent to
completion of two years of college including courses in art and
photography. The instructional assistants work under general
supervision to perform moderately difficult tasks at the
paraprofessional level in support of the instructional
program. 	They serve as an initial source of information and
assistance to students contacting various academic departments,
and providing information about the course offerings, services
and college policies and procedures. They answer questions
having to do with instructors' assignments, class procedures
and instructional methods. They also assist students in the
use of automated learning equipment. 	Instructional assistants
are required to have the equivalent to completion of two years
of college.
The laboratory technician-independent study functions under
general supervision to operate independent study laboratories
14
assistance 	to 	students 	concerning 	the 	organization ·and
functioning 	of 	student 	activities 	at 	the 	college. 	Employees 	in
this 	position 	must 	have 	the 	equivalent 	to 	the 	completion 	of 	one
year 	of 	college. 	The 	audio-visual 	technician 	functions 	under
general 	supervision, 	and 	delivers 	and 	operates 	audio-visual
supplies 	and 	equipment, 	and 	provides 	technical 	guidance 	to
instructors 	and 	other 	personnel 	concerning 	the 	use 	and
maintenance 	of 	audio-visual 	materials 	and 	equipment. 	The
audio-visual 	technician 	works 	with 	faculty 	and 	students 	to
prepare 	audio-visual 	aids 	such 	as 	learning 	packets, 	tape
recordings, 	cassette 	recordings 	and 	overhead 	transparencies.
The 	audio-visual 	technician 	must 	have 	the 	equivalent 	to
completion 	of 	two 	years 	of 	college 	including 	courses 	in 	art 	and
photography. 	The 	instructional 	assistants 	work 	under 	general
supervision 	to 	perform 	moderately 	difficult 	tasks 	at 	the
paraprofessional 	level 	in 	support 	of 	the 	instructional
program. 	They 	serve 	as 	an 	initial 	source 	of 	information 	and
assistance 	to 	students 	contacting 	various 	academic 	departments,
and 	providing 	information 	about 	the 	course 	offerings, 	services
and 	college 	policies 	and 	procedures. 	They 	answer 	questions
having 	to 	do 	with 	instructors' 	assignments, 	class 	procedures
and 	instructional 	methods. 	They 	also 	assist 	students 	in 	the
use 	of 	automated 	learning 	equipment. 	Instructional 	assistants
are 	required 	to 	have 	the 	equivalent 	to 	completion 	of 	two 	years
of 	college.
The 	laboratory 	technician-independent 	study 	functions 	under
general 	supervision 	to 	operate 	independent 	study 	laboratories
14

and supervise the operation of equipment by students and
faculty . 	This position involves providing assistance in the
use of film strips, lesson tapes, cassettes and other
instructional materials. The life science laboratory
technician aids instructors and students in the classroom,
prepares chemicals, apparatus, etc., works with student
employees who are lab assistants and drives a bus on field
trips. Other laboratory technicians perform similar functions
and must have similar qualifications, and are also included in
this negotiating unit. This classification shall include all
employees sometimes referred to as laboratory assistants, but
shall not include work-study students. The production
assistant assists directors in the production of all drama
department productions including both rehearsals and
performances. The production assistant edits play scripts
according to the instructions of the director, prepares and
annotates the prompt book, prepares rehearsal schedules, cast
and crew call sheets and a variety of related tasks. The
production assistant must have the equivalent to completion of
the 12th grade.
Office-Clerical Unit: We find a third appropriate unit for
negotiating to be comprised of office-clerical personnel.
Positions in this negotiating unit primarily involve the
performance of clerical tasks of a relatively routine and less
complex nature and which do not require the frequent exercise
of independent judgment or entail major administrative
responsibility. 	Incumbents in the office-clerical
15
and 	supervise 	the 	operation 	of 	equipment 	by 	students 	and
faculty. 	This 	position 	involves 	providing 	assistance 	in 	the
use 	of 	film 	strips, 	lesson 	tapes, 	cassettes 	and 	other
instructional 	materials. 	The 	life 	science 	laboratory
technician 	aids 	instructors 	and 	students 	in 	the 	classroom,
prepares 	chemicals, 	apparatus, 	etc., 	works 	with 	student
employees 	who 	are 	lab 	assistants 	and 	drives 	a 	bus 	on 	field
trips. 	Other 	laboratory 	technicians 	perform 	similar 	functions
and 	must 	have 	similar 	qualifications, 	and 	are 	also 	included 	in
this 	negotiating 	unit. 	This 	classification 	shall 	include 	all
employees 	sometimes 	referred 	to 	as 	laboratory 	assistants, 	but
shall 	not 	include 	work-study 	students. 	The 	production
assistant 	assists 	directors 	in 	the 	production 	of 	all 	drama
department 	productions 	including 	both 	rehearsals 	and
p~rformances. 	The 	production 	assistant 	edits 	play 	scripts
according 	to 	the 	instructions 	of 	the 	director, 	prepares 	and
annotates 	the 	prompt 	book, 	prepares 	rehearsal 	schedules, 	cast
and 	crew 	call 	sheets 	and 	a 	variety 	of 	related 	tasks. 	The
production 	assistant 	must 	have 	the 	equivalent 	to 	completion 	of
the 	12th 	grade.
Office-Clerical 	Unit: 	We 	find 	a 	third 	appropriate 	unit 	for
negotiating 	to 	be 	comprised 	of 	office-clerical 	personnel.
Positions 	in 	this 	negotiating 	unit 	primarily 	involve 	the
performance 	of 	clerical 	tasks 	of 	a 	relatively 	routine 	and 	less
complex 	nature 	and 	which 	do 	not 	require 	the 	frequent 	exercise
of 	independent 	judgment 	or 	entail 	major 	administrative
responsibility. 	Incumbents 	in 	the 	office-clerical
15

classifications do not regularly or primarily interact directly
with students in connection with the educational program of the
college. Classifications in this negotiating unit do not
generally require an educational qualification beyond the
completion of a 12th grade education although some do.
Secretaries take and transcribe dictation of
correspondence, memoranda, reports, and other materials, and
perform related secretarial and clerical tasks. They are
required to have the equivalent of completion of the 12th
grade. 	Typist clerks I and II, account clerks I and II,
accounts payable and order clerks, library clerks I and II,
payroll clerks I and II, receiving clerks and personnel clerks
generally perform simple clerical tasks or assignments of
moderate difficulty. The control clerk, an interim position,
takes and delivers messages and input data from user
departments or keypunch operators. These above positions
generally require an educational background equivalent to the
completion of the 12th grade.
The governance system technician types, copies and may
collate correspondence, minutes of meetings, agendas and
related materials for the Academic Senate, the college cabinet
and other campus committees and also keeps track of
intercommittee communication. This employee collates and
distributes the faculty handbook. The curriculum technician
prepares schedules for departmental course offerings and other
campus activities from information which has been furnished by
the campus departments requesting the scheduling. Regarding
16
classifications 	do 	not 	regularly 	or 	primarily 	interact 	directly
with 	students 	in 	connection 	with 	the 	educational 	program 	of 	the
college. 	Classifications 	in 	this 	negotiating 	unit 	do 	not
generally 	require 	an 	educational 	qualification 	beyond 	the
completion 	of 	a 	12th 	grade 	education 	although 	some 	do.
Secretaries 	take 	and 	transcribe 	dictation 	of
correspondence, 	memoranda, 	reports, 	and 	other 	materials, 	and
perform 	related 	secretarial 	and 	clerical 	tasks. 	They 	are
required 	to 	have 	the 	equivalent 	of 	completion 	of 	the 	12th
grade. 	Typist 	clerks 	I 	and 	II, 	account 	clerks 	I 	and 	II,
accounts 	payable 	and 	order 	clerks, 	library 	clerks 	I 	and 	II,
payroll 	clerks 	I 	and 	II, 	receiving 	clerks 	and 	personnel 	clerks
generally 	perform 	simple 	clerical 	tasks 	or 	assignments 	of
moderate 	difficulty. 	The 	control 	clerk, 	an 	interim 	position,
takes 	and 	delivers 	messages 	and 	input 	data 	from 	user
departments 	or 	keypunch 	operators. 	These 	above 	positions
generally 	require 	an 	educational 	background 	equivalent 	to 	the
completion 	of 	the 	12th 	grade.
The 	governance 	system 	technician 	types, 	copies 	and 	may
collate 	correspondence, 	minutes 	of 	meetings, 	agendas 	and
related 	materials 	for 	the 	Academic 	Senate, 	the 	college 	cabinet
and 	other 	campus 	committees 	and 	also 	keeps 	track 	of
intercommittee 	communication. 	This 	employee 	collates 	and
distributes 	the 	faculty 	handbook. 	The 	curriculum 	technician
prepares 	schedules 	for 	departmental 	course 	offerings 	ana 	other
campus 	activities 	from 	information 	which 	has 	been 	furnished 	by
the 	campus 	departments 	requesting 	the 	scheduling. 	Regarding
16

the governance system technician and curriculum technician
positions, we note that our determination of unit placement is
based upon the documentary and testimonial evidence presented
at the hearing. 	The position title is merely the descriptive
label which the District has placed upon this classification.
Similarly, the District's position description is not
controlling . 	Our unit placement determination is based upon
our finding as to the actual nature of the work which is
performed by incumbents in the position. While the governance
system technician and curriculum technician may occasionally
exercise technical skill, their functions are primarily
clerical and more closely resemble the functions and level of
performance of other positions in the office-clerical unit than
of positions in the technical/quasi-professional unit. The
financial aids assistant performs a wide variety of specialized
secretarial and related work. The financial aids assistant
must have an educational background equivalent to completion of
The counseling aides I make counseling appointments,
furnish information from the catalog and refer students to
counselors. The background requirements for these counseling
aide positions is general clerical experience or the
educational equivalent thereof. Other classifications in the
office-clerical unit include the keypunch operator, data
processing machine operator, data processing control clerk,
senior duplicating clerk, offset duplicating machine pressman,
switchboard operator, offset machine duplicator and bookstore
purchasing and stock clerks.
17
the 	governance 	system 	technician 	and 	curriculum 	technician
positions, 	we 	note 	that 	our 	determination 	Qf 	unit 	placement 	is
based 	upon 	the 	documentary 	and 	testimonial 	evidence 	presented
at 	the 	hearing. 	The 	position 	title 	is 	merely 	the 	descriptive
label 	which 	the 	District 	has 	placed 	upon 	this 	classification.
Similarly, 	the 	District's 	position 	description 	is 	not
controlling. 	Our 	unit 	placement 	determination 	is 	based 	upon
our 	finding 	as 	to 	the 	actual 	nature 	of 	the 	work 	which 	is
performed 	by 	incumbents 	in 	the 	position. 	While 	the 	governance
system 	technician 	and 	curriculum 	technician may 	occasionally
exercise 	technical 	skill, 	their 	functions 	are 	primarily
clerical 	and 	more 	closely 	resemble 	the 	functions 	and 	level 	of
performance 	of 	other 	positions 	in 	the 	office-clerical 	unit 	than
of 	positions 	in 	the 	technical/quasi-professional 	unit. 	The
financial 	aids 	assistant 	performs 	a 	wide 	variety 	of 	specialized
secretarial 	and 	related 	work. 	The 	financial 	aids 	assistant
must 	have 	an 	educational 	background 	equivalent 	to 	completion 	of
12th grade.	ade.	12th 	gr
The 	counseling 	aides 	I 	make 	counseling 	appointments,
furnish 	information 	from 	the 	catalog 	and 	refer 	students 	to
counselors. 	The 	background 	requirements 	for 	these 	counseling
aide 	positions 	is 	general 	clerical 	experience 	or 	the
educational 	equivalent 	thereof. 	Other 	classifications 	in 	the
office-clerical 	unit 	include 	the 	keypunch 	operator, 	data
processing 	machine 	operator, 	data 	processing 	control 	clerk,
senior 	duplicating 	clerk, 	offset 	duplicating 	machine 	pressman,
switchboard 	operator, 	offset 	machine 	duplicator 	and 	bookstore
purchasing 	and 	stock 	clerks.
17

In reaching our determination of appropriate negotiating
units, we primarily rely upon application of the "community of
interest" criterion. Little or no evidence was produced by the
parties concerning the other two statutory criteria. No party
has contended in an exception to the hearing officer's proposed
decision, that either the established practices or the
efficient operation of the school district should operate
either to support or oppose the negotiating units established
by the Board in this decision. We also find, based upon the
facts, that neither of these unit criteria requires a result
different than the result we have reached through application
of the community of interest criterion. We note, however, that
the establishment of three classified negotiating units is
consistent with the number of appropriate units we found to
exist in Sweetwater, Fremont' and Antioch, " and we do
not, therefore, believe that the units established in this case
are overly fragmented or will otherwise place an unreasonable
burden upon the District.
We note that SEIU's petition for a negotiating unit of
office employees included the positions of career center/job
placement technician and bookkeeper. No evidence was
6 Sweetwater Union High School District (11/23/76) EERB
Decision No. 4.
7 Fremont Unified School District (12/16/76) EERB Decision
No. 6.
8Antioch Unified School District (11/7/77) EERB Decision
No. 37.
18
In 	reaching 	our 	determination 	of 	appropriate 	negotiating
units, 	we 	primarily 	rely 	upon 	application 	of 	the 	"community 	of
interesttt 	criterion. 	Little 	or 	no 	evidence 	was 	produced 	by 	the
parties 	concerning 	the 	other 	two 	statutory 	criteria. 	No 	party
has 	contended 	in 	an 	exception 	to 	the 	hearing 	officer's 	proposed
decision, 	that 	either 	the 	established 	practices 	or 	the
efficient 	operation 	of 	the 	school 	district 	should 	operate
either 	to 	support 	or 	oppose 	the 	negotiating 	units 	established
by 	the 	Board 	in 	this 	decision. 	We 	also 	find, 	based 	upon 	the
facts, 	that 	neither 	of 	these 	unit 	criteria 	requires 	a 	result
different 	than 	the 	result 	we 	have 	reached 	through 	application
of 	the 	community 	of 	interest 	criterion. 	We 	note, 	however, 	that
the 	establishment 	of 	three 	classified 	negotiating 	units 	is
consistent 	with 	the 	number 	of 	appropriate 	units 	we 	found 	to
exist 	in 	Sweetwater, 6 Fremont7 and 	Antioch, 8 and 	we 	do
not, 	therefore, 	believe 	that 	the 	units 	established 	in 	this 	case
are 	overly 	fragmented 	or 	will 	otherwise 	place 	an 	unreasonable
burden 	upon 	the 	District.
We 	note 	that 	SEIU's 	petition 	for 	a 	negotiating 	unit 	of
office 	employees 	included 	the 	positions 	of 	career 	center/job
placement 	technician 	and 	bookkeeper. 	No 	evidence 	was
6sweetwater 	Union 	High 	School 	District 	(11/23/76) 	EERB
Decision 	No. 	4.
?Fremont 	Unified 	School 	District 	(12/16/76) 	EERB 	Decision
No. 	6.
8Antioch 	Unified 	School 	District 	(11/7/77) 	EERB 	Decision
No. 	37.
18

introduced into the record regarding the existence, number or
duties of incumbents in these positions. Therefore, we have no
adequate basis to make a determination regarding them and
consequently decline to place these classifications in a
negotiating unit at this time.
In addition, a position of "job placement technician"
appears in District Exhibit No. 2 entitled "IVC Full-time
Classified Detail List of Positions in Sequence by Position."
This list indicates that the position is vacant. No evidence
was introduced as to the existence, number, or duties of any
incumbents in this position. The job title alone is not
sufficiently descriptive of the duties of an incumbent in this
position. We, therefore, have no basis to make a determination
regarding this classification and consequently decline to place
it in an appropriate negotiating unit at this time.
Confidential Employees
The District has excepted to the hearing officer's
conclusion that the secretaries I-personnel officer position and the
secretary III-business manager are not confidential employees
within the meaning of section 3540.1 (c) .
Section 3540.1 (c) provides:
"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.
Section 3543.4 states in pertinent part that:
No person serving in a management position
or a confidential position shall be
represented by an exclusive representative.
19
introduced 	into 	the 	record 	regarding 	the 	existence, 	number 	or
duties 	of 	incumbents 	in 	these 	positions. 	Therefore, 	we 	have 	no
adequate 	basis 	to 	make 	a 	determination 	regarding 	them 	and
consequently 	decline 	to 	place 	these 	classifications 	in 	a
negotiating 	unit 	at 	this 	time.
In 	addition, 	a 	position 	of 	"job 	placement 	technician"
appears 	in 	District 	Exhibit 	No. 	2 	entitled 	"IVC 	Full-time
Classified 	Detail 	List 	of 	Positions 	in 	Sequence 	by 	Position."
This 	list 	indicates 	that 	the 	position 	is 	vacant. 	No 	evidence
was 	introduced 	as 	to 	the 	existence, 	number, 	or 	duties 	of 	any
incumbents 	in 	this 	position. 	The 	job 	title 	alone 	is 	not
sufficiently 	descriptive 	of 	the 	duties 	of 	an 	incumbent 	in 	this
position. 	We, 	therefore, 	have 	no 	basis 	to 	make 	a 	determination
regarding 	this 	classification 	and 	consequently 	decline 	to 	place
it 	in 	an 	appropriate 	negotiating 	unit 	at 	this 	time.
Confidential 	Employees
The 	District 	has 	excepted 	to 	the 	hearing 	officer's
conclusion 	that 	the 	secretaries 	I-personnel 	officer 	position 	ann 	the
secretary 	III-business 	manager 	are 	not 	confidential 	employees
within 	the 	meaning 	of 	section 	3540.l(c).
Section 	3540.l(c) 	provides:
"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.
Section 	3543.4 	states 	in 	pertinent 	part 	that:
No 	person 	serving 	in 	a 	management 	position
or 	a 	confidential 	position 	shall 	be
represented 	by 	an 	exclusive 	representative.
19

In Fremont Unified School District, the Board interpreted
the term "employer-employee relations" to include, at the
least, employer-employee negotiations and the processing of
grievances. In Sierra Sands Unified School District, we
explained that:
The underlying assumption then is that the
employer, in order to fulfill its statutory
role in its employer-employee relations,
must be assured of the undivided loyalty of
a nucleus of staff designated as
"confidential employees"
The record indicates that the classified personnel officer
is involved in negotiations, particularly with respect to
salary surveys with comparison institutions. 	The personnel
officer would be involved in the management team which works on
negotiations and would participate in recommendations.
The secretaries to the personnel officer have access to and
maintain files with respect to classified salaries, fringe
benefits, evaluation procedures and other information that
might relate to negotiations. They also are involved in the
stream of communications on negotiation subjects between the
personnel officer and other management personnel such as the
superintendent. On this basis, we find that the secretaries I
to the personnel officer are confidential employees.
The secretary III to the business manager is also found to
be a confidential employee. The business manager is also
9 Sierra Sands Unified School District (10/14/76) EERB
Decision No. 2.
20
In 	Fremont 	Unified 	School 	District, 	the 	Board 	interpreted
the 	term 	"employer-employee 	relations" 	to 	include, 	at 	the
least, 	employer-employee 	negotiations 	and 	the 	processing 	of
grievances. 	In 	Sierra 	Sands 	Unified 	School 	District, 9 we
explained 	that:
The 	underlying 	assumption 	then 	is 	that 	the
employer, 	in 	order 	to 	fulfill 	its 	statutory
role 	in 	its 	employer-employee 	relations,
must 	be 	assured 	of 	the 	undivided 	loyalty 	of
a 	nucleus 	of 	staff 	designated 	as
"confidential 	employees".
The 	record 	indicates 	that 	the 	classified 	personnel 	officer
is 	involved 	in 	negotiations, 	particularly 	with 	respect 	to
salary 	surveys 	with 	comparison 	institutions. 	The 	personnel
officer 	would 	be 	involved 	in 	the 	management 	team 	which 	works 	on
negotiations 	and 	would 	participate 	in 	recommendations.
The 	secretaries 	to 	the 	personnel 	officer 	have 	access 	to 	and
maintain 	files 	with 	respect 	to 	classified 	salaries, 	fringe
benefits, 	evaluation 	procedures 	and 	other 	information 	that
might 	relate 	to 	negotiations. 	They 	also 	are 	involved 	in 	the
stream 	of 	communications 	on 	negotiation 	subjects 	between 	the
personnel 	officer 	and 	other 	management 	personnel 	such 	as 	the
superintendent. 	On 	this 	basis, 	we 	find 	that 	the 	secretaries 	I
to 	the 	personnel 	officer 	are 	confidential 	employees.
The 	secretary 	III 	to 	the 	business 	manager 	is 	also 	found 	to
be 	a 	confidential 	employee. 	The 	business 	manager 	is 	also
9sierra 	Sands 	Unified 	School 	District 	(10/14/76) 	EERB
Decision 	No. 	2.
20

considered by the superintendent to be a member of his
negotiating team. Confidential communications between the
superintendent and the business manager pass through the
business manager's secretary.
The District also states in an exception to the hearing
officer's decision that if the public information officer is
not found to be management, he is confidential. This
contention is made for the first time on this appeal. It is,
therefore, not a proper "exception" to the hearing officer's
proposed decision because other parties were not given an
opportunity to present evidence on that issue at the hearing
and the hearing officer was never asked to make, nor did he
make, that determination.
Management Employees
Section 3540.1 (g) defines "management employee":
"Management employee" means any employee in
a position having significant
responsibilities for formulating district
policies or administering district
programs. Management positions shall be
designated by the public school employer
subject to review by the Educational
Employment Relations Board.
The District excepts to the hearing officer's determination
that the public information officer is not a management
employee. We affirm the hearing officer's finding for the
reasons stated in her proposed decision. The position
description provided in District Exhibit 4 for the public
information officer, dated May 1970, together with testimonial
evidence, fails to adequately indicate the role or authority of
the public information officer to formulate policy. The
21
considered 	by 	the 	superintendent 	to 	be 	a 	member 	of 	his
negotiating 	team. 	Confidential 	communications 	between 	the
superintendent 	and 	the 	business 	manager 	pass 	through 	the
business 	manager's 	secretary.
The 	District 	also 	states 	in 	an 	exception 	to 	the 	hearing
officer's 	decision 	that 	if 	the 	public 	information 	officer 	is
not 	found 	to 	be 	management, 	he 	is 	confidential. 	This
contention 	is 	made 	for 	the 	first 	time 	on 	this 	appeal. 	It 	is,
therefore, 	not 	a 	proper 	"exception" 	to 	the 	hearing 	officer's
proposed 	decision 	because 	other 	parties 	were 	not 	given 	an
opportunity 	to 	present 	evidence 	on 	that 	issue 	at 	the 	hearing
and 	the 	hearing 	officer 	was 	never 	asked 	to 	make, 	nor 	did 	he
make, 	that 	determination.
'
Management 	Employees
Section 	3540.l(g) 	defines 	"management 	employee":
"Management 	employee" 	means 	any 	employee 	in
a 	position 	having 	significant
responsibilities 	for 	formulating 	district
policies 	or 	administering 	district
programs. 	Management 	positions 	shall 	be
designated 	by 	the 	public 	school 	employer
subject 	to 	review 	by 	the 	Educational
Employment 	Relations 	Board.
The 	District 	excepts 	to 	the 	hearing 	officer's 	determination
that 	the 	public 	information 	officer 	is 	not 	a 	management
employee. 	We 	affirm 	the 	hearing 	officer's 	finding 	for 	the
reasons 	stated 	in 	her 	proposed 	decision. 	The 	position
description 	provided 	in 	District 	Exhibit 	4 	for 	the 	public
information 	officer, 	dated 	May 	1970, 	together 	with 	testimonial
evidence, 	fails 	to 	adequately 	indicate 	the 	role 	or 	authority 	of
the 	public 	information 	officer 	to 	formulate 	policy. 	The
21

evidence offered by the District failed to show the public
information officer fits within the definition of management as
contained in the EERA and our cases.
Supervisory Employees
The District has excepted to the hearing officer's
determinations that the maintenance supervisor-College of
Marin, custodial supervisor, the assistant custodial supervisor
and the campus police and security supervisor are not
supervisory employees.
Section 3540.1 (m) states:
"Supervisory employee" means any employee,
regardless of job description, having
authority in the interest of the employer to
hire, transfer, suspend, lay off, recall,
promote, discharge, assign, reward, or
discipline other employees, or the
responsibility to assign work to and direct
them, or to adjust their grievances, or
effectively recommend such action, if, in
connection with the foregoing functions, the
exercise of such authority is not of a
merely routine or clerical nature, but
requires the use of independent judgment.
We hereby affirm the hearing officer's determination that
these four positions are not supervisory within the mea
section 3540.1 (m) , and adopt her findings of fact which led her
to not exclude these positions from a classified negotiating
unit.
SEIU excepted to the hearing officer's determination that
the supervisor of gardeners/groundskeepers is a supervisor
within the meaning of section 3540.1(m) . We agree with SEIU's
position and find that this position does not possess the
necessary supervisory attributes to satisfy the statutory
requirements of "supervisor."
22
evidence 	offered 	by 	the 	District 	failed 	to 	show 	the 	public
information 	officer 	fits 	within 	the 	definition 	of 	management 	as
contained 	in 	the 	EERA 	and 	our 	cases.
Supervisory 	Employees
The 	District 	has 	excepted 	to 	the 	hearing 	officer's
determinations 	that 	the 	maintenance 	supervisor-College 	of
Marin, 	custodial 	supervisor, 	the 	assistant 	custodial 	supervisor
and 	the 	campus 	police 	and 	security 	supervisor 	are 	not
supervisory 	employees.
Section 	3540.l(m) 	states:
"Supervisory 	employee" 	means 	any 	employee,
regardless 	of 	job 	description, 	having
authority 	in 	the 	interest 	of 	the 	employer 	to
hire, 	transfer, 	suspend, 	lay 	off, 	recall,
promote, 	discharge, 	assign, 	reward, 	or
discipline 	other 	employees, 	or 	the
responsibility 	to 	assign 	work 	to 	and 	direct
them, 	or 	to 	adjust 	their 	grievances, 	or
effectively 	recommend 	such 	action, 	if, 	in
connection 	with 	the 	foregoing 	functions, 	the
exercise 	of 	such 	authority 	is 	not 	of 	a
merely 	routine 	or 	clerical 	nature, 	but
requires 	the 	use 	of 	independent 	judgment.
We 	hereby 	affirm 	the 	hearing 	officer's 	determination 	that
these 	four 	positions 	are 	not 	supervisory 	within 	the 	meaning 	of
ning of
section 	3540.l(m), 	and 	adopt 	her 	findings 	of 	fact 	which 	led 	her
to 	not 	exclude 	these 	positions 	from 	a 	classified 	negotiating
unit.
SEIU 	excepted 	to 	the 	hearing 	officer's 	determination 	that
the 	supervisor 	of 	gardeners/groundskeepers 	is 	a 	supervisor
within 	the 	meaning 	of 	section 	3540.l(m). 	We 	agree 	with 	SEIU's
position 	and 	find 	that 	this 	position 	does 	not 	possess 	the
necessary 	supervisory 	attributes 	to 	satisfy 	the 	statutory
requirements 	of 	"supervisor."
22

The supervisor of gardeners/groundskeepers is a working
supervisor who frequently works with his small crew on the
maintenance of the plantings, the parking lots and other
outside grounds areas. While there is some testimony that the
supervisor of gardeners/groundskeepers would "mention
something" informally to an employee if the employee was often
late to work, there is no indication that this was ever done.
Moreover, there is no indication that this would be equivalent
to the authority to "hire, transfer, . 	. . suspend, discharge or
discipline" or to effectively recommend such action within the
meaning of the EERA. Communications concerning these matters
appear to be unwritten and otherwise informal. Also, employees
in this position do not substitute for the supervisor of plant
facilities when he is on vacation. Although the supervisor of
gardeners/groundskeepers job description suggests that he may
"assign" work, the testimony fails to indicate that he assigns
work through exercise of independent judgment or in a way which
would cause him to be defined as a supervisor within the
meaning of section 3540.1. (m) 10
10on the matter of "assignment" of work, the testimony of
a rank and file gardener/groundskeeper, in pertinent part, is
as follows :
(vol. II, page 121)
Okay. And, do they [gardener/groundskeeper
supervisors] give you work orders? Tell you that a
certain job has to be done because they heard about a
problem?
A. 	. A work order is usually passed on from the
supervisor over the immediate supervisor.
(footnote cont. on next page)
23
The 	supervisor 	of 	gardeners/groundskeepers 	is 	a 	working
supervisor 	who 	frequently 	works 	with 	his 	small 	crew 	on 	the
maintenance 	of 	the 	plantings, 	the 	parking 	lots 	and 	other
outside 	grounds 	areas. 	While 	there 	is 	some 	testimony 	that 	the
supervisor 	of 	gardeners/groundskeepers 	would 	"mention
something" 	informally 	to 	an 	employee 	if 	the 	employee 	was 	often
late 	to 	work, 	there 	is 	no 	indication 	that 	this 	was 	ever 	done.
Moreover, 	there 	is 	no 	indication 	that 	this 	would 	be 	equivalent
to 	the 	authority 	to 	"hire, 	transfer, 	... suspend, 	discharge 	or
discipline" 	or 	to 	effectively 	recommend 	such 	action 	within 	the
meaning 	of 	the 	EERA. 	Communications 	concerning 	these 	matters
appear 	to 	be 	unwritten 	and 	otherwise 	informal. 	Also, 	employees
in 	this 	position 	do 	not 	substitute 	for 	the 	supervisor 	of 	plant
facilities 	when 	he 	is 	on 	vacation. 	Although 	the 	supervisor 	of
gardeners/groundskeepers 	job 	description 	suggests 	that 	he 	may
"assign" 	work, 	the 	testimony 	fails 	to 	indicate 	that 	he 	assigns
work 	through 	exercise 	of 	independent 	judgment 	or 	in 	a 	way 	which
would 	cause 	him 	to 	be 	defined 	as 	a 	supervisor 	within 	the
meaning 	of 	section 	3540.1. (m)lO
l0on 	the 	matter 	of 	assignment 	of 	work, 	the 	testimony 	of
a 	rank 	and 	file 	gardener/groundskeeper, 	in 	pertinent 	part, 	is
as 	follows:
11 	11
(vol. 	II, 	page 	121)
Q. 	Okay. 	And, 	do 	they 	[gardener/groundskeeper
supervisors] 	give 	you 	work 	orders? 	Tell 	you 	that 	a
certain 	job 	has 	to 	be 	done 	because 	they 	heard 	about 	a
problem?
A. 	Yes. 	A work 	order 	is 	usually 	passed 	on 	from 	the
supervisor 	over 	the 	immediate 	supervisor.
(footnote 	cont. 	on 	next 	page)
23

In our decision in Sweetwater, the head custodians, who
were determined to be supervisors, were found to "effectively
recommend" the hiring of custodians, to have authority to
assign and direct the work of custodians, to inspect their work
on a daily basis, and to direct necessary corrective action.
In the Board's decision in San Diego Unified School
District, head gardeners were found to be supervisors
because they possessed several of the indicia of supervisory
status enunciated in section 3540.1 (m) . They supervise crews
of from five to nine employees, independently develop work
schedules for their respective crews, spend approximately
two-thirds of their time in the performance of supervisory
work, and prepare and sign probationary work performance
evaluations.
(footnote 10 cont. )
Also, at vol. II, page 112 this same person testified:
Q. 	Okay. If there are special requests for some sort of
gardening or grounds work that needs to be done, where
would that come from?
A . 	It would come from Oley Prahm's office.*
Q . 	If a tree fell down or there was some damage to the
shrubbery or lawn or something, the request to repair
that would have to come from Oley Prahm?
No. As I mentioned, we do have our own assigned areas
which we do police ourselves. . .
* Prahm is the supervisor of plant facilities, a stipulated
supervisor .
1lsan Diego Unified School District (2/18/77) EERB
Decision No. 8.
24
Also, 	at 	vol. 	II, 	page 	112 	this 	same 	person 	testified:
Q. 	Okay. 	If 	there 	are 	special 	requests 	for 	some 	sort 	of
gardening 	or 	grounds 	work 	that 	needs 	to 	be 	done, 	where
would 	that 	come 	from?
A. 	It 	would 	come 	from 	Oley 	Prahm's 	office.* 	.
Q. 	If 	a 	tree 	fell 	down 	or 	there 	was 	some 	damage 	to 	the
shrubbery 	or 	lawn 	or 	something, 	the 	request 	to 	repair
that 	would 	have 	to 	come 	from 	Oley 	Prahm?
A. 	No. 	As 	I 	mentioned, 	we 	do 	have 	our 	own 	assigned 	areasA . which 	we 	do 	police 	ourselves ...•
* 	Prahm 	is 	the 	supervisor 	of 	plant 	facilities, 	a 	stipulated
supervisor.
In 	our 	decision 	in 	Sweetwater, 	the 	head 	custodians, 	who
were 	determined 	to 	be 	supervisors, 	were 	found 	to 	"effectively
recommend" 	the 	hiring 	of 	custodians, 	to 	have 	authority 	to
assign 	and 	direct 	the 	work 	of 	custodians, 	to 	inspect 	their 	work
on 	a 	daily 	basis, 	and 	to 	direct 	necessary 	corrective 	action.
In 	the 	Board's 	decision 	in 	San 	Diego 	Unified 	School
District, 11 head 	gardeners 	were 	found 	to 	be 	supervisors
because 	they 	possessed 	several 	of 	the 	indicia 	of 	supervisory
status 	enunciated 	in 	section 	3540.l(m). 	They 	supervise 	crews
of 	from 	five 	to 	nine 	employees, 	independently 	develop 	work
schedules 	for 	their 	respective 	crews, 	spend 	approximately
two-thirds 	of 	their 	time 	in 	the 	performance 	of 	supervisory
work, 	and 	prepare 	and 	sign 	probationary 	work 	performance
evaluations.
(footnote 	10 	cont.)
llsan 	Diego 	Unified 	School 	District 	(2/18/77) 	EERB
Decision 	No. 	8.
24

In contrast to the head custodian and head gardener
positions, the supervisor of gardeners/groundskeepers position
in issue has not been shown, on the basis of the scant record
relating to this position, to possess either the authority or
job responsibilities which would satisfy the requirements of
the statutory definition. The weight of the evidence,
therefore, is clearly against the finding of supervision.
25
In 	contrast 	to 	the 	head 	custodian 	and 	head 	gardener
positions, 	the 	supervisor 	of 	gardeners/groundskeepers 	position
in 	issue 	has 	not 	been 	shown, 	on 	the 	basis 	of 	the 	scant 	record
relating 	to 	this 	position, 	to 	possess 	either 	the 	authority 	or
job 	responsibilities 	which 	would 	satisfy 	the 	requirements 	of
the 	statutory 	definition. 	The 	weight 	of 	the 	evidence,
therefore, 	is 	clearly 	against 	the 	finding 	of 	supervision.
25

ORDER
The Public Employment Relations Board directs that:
Confidential Employees
The secretary I to the personnel officer and the secretary
III to the business manager are confidential employees within
the meaning of section 3540.1 (c) , and are, therefore, excluded
from a negotiating unit.
Management Employees
The public information officer is not a management or a
confidential employee within the meaning of section 3540.1(g)
of the EERA.
Supervisory Employees
The maintenance supervisor-College of Marin, custodial
supervisor, assistant custodial supervisor, campus police
security supervisor and the supervisor of
gardeners/groundskeepers are not supervisory employees within
the meaning of section 3540.1 (m) of the EERA.
Appropriate Units for Negotiating
The following units are appropriate for the purpose of
meeting and negotiating, provided an employee organization is
selected as the exclusive representative:
Skilled Trades and Operations Unit: Including campus
police and security supervisor, campus police officer, parking
control officer, watchman, receiving clerk, custodial
supervisor, assistant custodial supervisor, custodian, matron,
gardener/groundskeeper, athletic equipment manager-trainer,
pool maintenance man, maintenance supervisor-College of Marin,
maintenance carpenter, maintenance electrician, maintenance
26
ORDER
The 	Public 	Employment 	Relations 	Board 	directs 	that:
Confidential 	Employees
The 	secretary 	I 	to 	the 	personnel 	officer 	and 	the 	secretary
III 	to 	the 	business 	manager 	are 	confidential 	employees 	within
the 	meaning 	of 	section 	3540.l(c), 	and 	are, 	therefore, 	excluded
from 	a 	negotiating 	unit.
Management 	Employees
The 	public 	information 	officer 	is 	not 	a 	management 	or 	a
confidential 	employee 	within 	the 	meaning 	of 	section 	3540.l(g)
of 	the 	EERA.
Supervisory 	Employees
The 	maintenance 	supervisor-College 	of 	Marin, 	custodial
supervisor, 	assistant 	custodial 	supervisor, 	campus 	police
security 	supervisor 	and 	the 	supervisor 	of
gardeners/groundskeepers 	are 	not 	supervisory 	employees 	within
the 	meaning 	of 	section 	3540.l(m) 	of 	the 	EERA.
Appropriate 	Units 	for 	Negotiating
The 	following 	units 	are 	appropriate 	for 	the 	purpose 	of
meeting 	and 	negotiating, 	provided 	an 	employee 	organization 	is
selected 	as 	the 	exclusive 	representative:
Skilled 	Trades 	and 	Operations 	Unit: 	Including 	campus
police 	and 	security 	supervisor, 	campus 	police 	officer, 	parking
control 	officer, 	watchman, 	receiving 	clerk, 	custodial
supervisor, 	assistant 	custodial 	supervisor, 	custodian, 	matron,
gardener/groundskeeper, 	athletic 	equipment 	manager-trainer,
pool 	maintenance 	man, 	maintenance 	supervisor-College 	of 	Marin,
maintenance 	carpenter, 	maintenance 	electrician, 	maintenance
26

heating and air-conditioning mechanic, maintenance plumber,
maintenance painter, maintenance mechanic, and maintenance man;
supervisor of gardeners/groundskeepers; excluding all other
classifications, including management, supervisory and
confidential employees.
Technical/Quasi-professional Unit: Including
accountant, community liaison officer, test technician, public
information officer, admissions technician, coordinator of
public events, library technical assistant, student activities
assistant, laboratory technician, audio-visual technician,
electronics technician, typesetter-graphic designer, data
processing systems analyst programmer, data processing analyst
programmer, instructional materials specialist, instructional
assistant, production assistant, graphic artist, accounting
technician, student placement officer, admissions and records
officer, facilities coordinator, planning associate-
construction coordinator, affirmative action officer, house
gallery manager, purchasing agent, and campus public
information and publications assistant; excluding all other
classifications, including management, supervisory and
confidential employees.
Office-Clerical Unit: Including key punch operator,
data processing machine operator, data processing control
clerk, curriculum technician, financial aids assistant, typist
clerk I and II, account clerk I and II, accounts payable and
order clerk, governance system technician, secretary I, (but
excluding the secretary I - superintendent) , II and III,
library clerk I and II, senior duplicating clerk, switchboard
27
heating 	and 	air-conditioning 	mechanic, 	maintenance 	plumber,
maintenance 	painter, 	maintenance 	mechanic, 	and 	maintenance 	man;
supervisor 	of 	gardeners/groundskeepers; 	excluding 	all 	other
classifications, 	including 	management, 	supervisory 	and
confidential 	employees.
Technical/Quasi-professional 	Unit: 	Including
accountant, 	community 	liaison 	officer, 	test 	technician, 	public
information 	officer, 	admissions 	technician, 	coordinator 	of
public 	events, 	library 	technical 	assistant, 	student 	activities
assistant, 	laboratory 	technician, 	audio-visual 	technician,
~lectronics 	technician, 	typesetter-graphic 	designer, 	data
processing 	systems 	analyst 	programmer, 	data 	processing 	analyst
programmer, 	instructional 	materials 	specialist, 	instructional
assistant, 	production 	assistant, 	graphic 	artist, 	accounting
technician, 	student 	placement 	officer, 	admissions 	and 	records
officer, 	facilities 	coordinator, 	planning 	associate-
construction 	coordinator, 	affirmative 	action 	officer, 	house
gallery manager, 	purchasing 	agent, 	and 	campus 	public
information 	and 	publications 	assistant; 	excluding 	all 	other
classifications, 	including 	management, 	supervisory.and
confidential 	employees.
Office-Clerical 	Unit: 	Including 	key 	punch 	operator,
data 	processing 	machine 	operator, 	data 	processing 	control
clerk, 	curriculum 	technician, 	financial 	aids 	assistant, 	typist
clerk 	I 	and 	II, 	account 	clerk 	I 	and 	II, 	accounts 	payable 	and
order 	clerk, 	governance 	system 	technician, 	secretary 	I, 	(but
excluding 	the 	secretary 	I 	- 	superintendent), 	II 	and 	III,
library 	clerk 	I 	and 	II, 	senior 	duplicating 	clerk, 	switchboard
27

operator, payroll clerk I and II, receiving clerk, personnel
clerk, offset duplicating machine pressman, offset machine
duplicator, counseling aide I, bookstore purchasing-
stock clerk; excluding all other employees, including
management, supervisory and confidential employees.
Regarding the positions of career center/job placement
technician, bookkeeper and job placement technician, for the
reasons stated above, we make no determination as to the unit
placement, if any, as to these classifications.
Within 10 workdays after the employer posts the Notice of
Decision, the employee organizations shall demonstrate to the
regional director at least 30 percent support in the above
units . 	The regional director shall conduct an election at the
end of the posting period if: (1) more than one employee
organization qualifies for the ballot, or (2) if only one
employee organization qualifies for the ballot and the employer
does not grant voluntary recognition.
The date used to establish the number of employees in the
above units shall be the date of this decision unless another
date is deemed appropriate by the regional director and noticed
to the parties. In the event another date is selected, the
regional director may extend the time for employee
organizations to demonstrate at least 30 percent support in the
units .
Harry Gluck, Chairperson 	/ Jerilou Cossack Twohey, Memid -.
operator , 	payroll 	clerk 	I 	and 	II , 	receiving 	clerk, 	personnel
clerk , 	offset 	duplicating 	mac hi ne 	pressman, 	offset 	machine
duplicator , 	counseling 	aide 	I, 	bookstore ·purchasing-
stock 	clerk; 	excluding 	all 	other 	employees, 	including
management, 	supervisory 	and 	confidential 	employees .
Regarding 	the 	positions 	of 	career 	center/job 	placement
technician, 	bookkeeper 	and 	job 	placement 	technici an , 	for 	the
reasons 	stated 	above , 	we 	ma ke 	no 	determination 	as 	to 	the 	unit
placement, 	if 	any , 	as 	to 	thes e 	classifications .
Within 	10 	workdays 	after 	the 	employer 	posts 	the 	Notice 	of
Decisi on , 	the 	employee 	organ i zations 	shall 	demonstrate 	to 	the
regional 	director 	at 	least 	30 	percent 	support 	in 	the 	above
units. 	The 	regional 	director 	shall 	conduct 	an 	election 	at 	the
end 	of 	the 	posting 	period 	if : 	(1) 	more 	than 	one 	employee
organiza tion 	qualifies 	for 	the 	ballot, 	or 	(2) 	if 	only 	one
employee 	organization 	qualifies 	for 	the 	ballot 	and 	the 	employer
does 	not 	grant 	voluntary 	recognition .
The 	date 	used 	to 	establish 	the 	number 	of 	emplo y ees 	in 	the
above 	units 	shall 	be 	the 	date 	of 	this 	decision 	unless 	ano ther
date 	is 	deemed 	appropriate 	by 	the 	regional 	director 	and 	noticed
to 	the 	parties . 	In 	the 	event 	another 	date 	is 	selected, 	the
regional 	director 	ma y 	extend 	the 	time 	for 	employee
organizations 	to 	demonstrate 	at 	le ast 	30 	percent 	support 	in 	the
units.
Ha1y 	Gluc}, 	Chairperson 	r /rilou 	Cossack 	Twohey, 	MemtP- ··

Raymond J. Gonzales, dissenting in part:
I dissent from the majority's conclusions that the
secretary III to the business manager is a confidential
employee and that the maintenance supervisor-College of Marin,
custodial supervisors, campus police and security supervisors,
and supervisors of gardeners and groundskeepers are not
supervisory employees.
Secretary III to the Business Manager
While the business manager in the past was a member of the
superintendent's negotiating team, the record reflects that he
is no longer involved in negotiations. The District's
personnel officer testified:
. . . insofar as staff assistance is concerned,
we did involve the business manager [in
negotiations] for a time. As I indicated,
the business manager resigned.
Insofar as staffing [for future
negotiations] is concerned, we have made no
definitive plans as to how we're going to
proceed during the negotiating process.
It's a matter on our minds, but I don't have
a specific answer as to how we'll deal with
it .
Since there is no evidence regarding the present
participation in negotiations of the business manager, if there
is a present incumbent, and the secretary III to the business
manager, it is impossible to conclude that the secretary III is
a confidential employee.
Even based on the facts of the past participation of the
business manager and secretary III in negotiations, the hearing
officer's proposed decision that the secretary III is not
29
Raymond 	J. 	Gonzales, 	dissenting 	in 	part:
I 	dissent 	from 	the 	majority's 	conclusions 	that 	the
secretary 	III 	to 	the 	business 	manager 	is 	a 	confidential
employee 	and 	that 	the 	maintenance 	supervisor-College 	of 	Marin,
custodial 	supervisors, 	campus 	police 	and 	security 	supervisors,
and 	supervisors 	of 	gardeners 	and 	groundskeepers 	are 	not
supervisory 	employees.
Secretary 	III 	to 	the 	Business 	Manager
While 	the 	business 	manager 	in 	the 	past 	was 	a 	member 	of 	the
superintendent's 	negotiating 	team, 	the 	record 	reflects 	that 	he
is 	no 	longer 	involved 	in 	negotiations. 	The 	District's
personnel 	officer 	testified:
••• insofar 	as 	staff 	assistance 	is 	concerned,
we 	did 	involve 	the 	business 	manager 	[in
negotiations] 	for 	a 	time. 	As 	I 	indicated,
the 	business 	manager 	resigned.
Insofar 	as 	staffing 	[for 	future
negotiations] 	is 	concerned, 	we 	have 	made 	no
definitive 	plans 	as 	to 	how 	we're 	going 	to
proceed 	during 	the 	negotiating 	process.
It's 	a 	matter 	on 	our 	minds, 	but 	I 	don't 	have
a 	specific 	answer 	as 	to 	how 	we'll 	deal 	with
it.
Since 	there 	is 	no 	evidence 	regarding 	the 	present
participation 	in 	negotiations 	of 	the 	business 	manager, 	if 	there
is 	a 	present 	incumbent, 	and 	the 	secretary 	III 	to 	the 	business
manager, 	it 	is 	impossible 	to 	conclude 	that 	the 	secretary 	III 	is
a 	confidential 	employee.
Even 	based 	on 	the 	facts 	of 	the 	past 	participation 	of 	the
business 	manager 	and 	secretary 	III 	in 	negotiations, 	the 	hearing
officer's 	proposed 	decision 	that 	the 	secretary 	III 	is 	not
29

confidential should be affirmed. 	The evidence showed only that
she costs out proposals which the Board held in Sierra Sands
Unified School District is not alone enough to make an
employee confidential.
Supervisory Issues
As indicated in my dissent in Oakland Unified School
District, " I lean very heavily in favor of establishing
minimal requirements within the language of the Educational
Employment Relations Act for the qualification of an
employee as a supervisor. This is because the existence of
independent and viable nonsupervisory and supervisory units is
the best safeguard against disruption of the educational
process of a school district in case of an employee strike or
other concerted activity. Additionally, I make a clear
distinction between the Educational Employment Relations Act
and the federal Labor Management Relations Act, as amended,
since the federal statute does not grant collective bargaining
rights to supervisors.
Even so, the scant record in this case has made it
extremely difficult for me to reach the conclusions that the
maintenance supervisor-College of Marin, custodial supervisors,
1 (10/14/76) EERB Decision No. 2.
2 (4/14/78) PERB Decision No. 50.
3Gov. Code sec. 3540 et seq., and specifically section
3540. 1 (m) .
129 	on 151 et seq. 	The Labor Manageme
Relations Act amended the National Labor Relations Act.
30
confidential 	should 	be 	affirmed. 	The 	evidence 	showed 	only 	that
she 	costs 	out 	proposals 	which 	the 	Board 	held 	in 	Sierra 	Sands
Unified 	School 	District1 is 	not 	alone 	enough 	to 	make 	an
employee 	confidential.
Supervisory 	Issues
As 	indicated 	in 	my 	dissent 	in 	Oakland 	Unified 	School
District, 2 I 	lean 	very 	heavily 	in 	favor 	of 	establishing
minimal 	requirements 	within 	the 	language 	of 	the 	Educational
Employment 	Relations 	Act 3 for 	the 	qualification 	of 	an
employee 	as 	a 	supervisor. 	This 	is 	because 	the 	existence 	of
independent 	and 	viable 	nonsupervisory 	and 	supervisory 	units 	is
the 	best 	safeguard 	against 	disruption'of 	the 	educational
process 	of 	a 	school 	district 	in 	case 	of 	an 	employee 	strike 	or
other 	concerted 	activity. 	Additionally, 	I 	make 	a 	clear
distinction 	between 	the 	Educational 	Employment 	Relations 	Act
and 	the 	federal 	Labor 	Management 	Relations 	Act, 	as 	amended, 4
since 	the 	federal 	statute 	does 	not 	grant 	collective 	bargaining
rights 	to 	supervisors.
Even 	so, 	the 	scant 	record 	in 	this 	case 	has 	made 	it
extremely 	difficult 	for 	me 	to 	reach 	the 	conclusions-~hat 	the
maintenance 	supervisor-College 	of 	Marin, 	custodial 	supervisors,
1(10/14/76) 	EERB 	Decision 	No. 	2.
2(4/14/78) 	PERB 	Decision 	No. 	50.
3Gov. 	Code 	sec. 	3540 	et 	seq., 	and 	specifically 	section
3 5 4 O.1 (rn) •
429 U.S.C. secti	section 	151 	et 	seq. 	The 	Labor 	Managementnt
Relations 	Act 	amended 	the 	National 	Labor 	Relations 	Act.
u.s.c.
30

campus police and security supervisors, and supervisors of
gardeners and groundskeepers are supervisory employees. Most
of the evidence regarding these positions consists of the
District's job descriptions. The District's superintendent did
testify that the job descriptions accurately reflect the duties
of the positions, and there was no evidence to the contrary.
However, the job descriptions are only conclusion use
of the words "assigns" and "supervises," and they do not
expressly address themselves to the statutory requirement that
the exercise of supervisory functions and authorities requires
the use of independent judgment.
Additionally, section 3540.1 (m) states that a determination
whether or not an employee is supervisory must be made
"regardless of job description." However, I do not read this
language to mean that job descriptions cannot be considered in
such a determination, but that a determination should not be
based only upon a job description, and that the testimony of a
witness should be weighed more heavily than a conflicting job
description.
In the present case there is more than the job descriptions
alone . 	There is also the unrebutted testimony of the
District's superintendent that the job descriptions are
accurate, and additional evidence on the various positions
which does not conflict with the job descriptions. For
instance, there is testimony that the custodial supervisor "is
in charge of the custodians" and that the supervisor of
gardeners and groundskeepers "is in charge of" and "supervises"
the gardeners and groundskeepers.
31
campus 	police 	and 	security 	supervisors, 	and 	supervisors 	of
gardeners 	and 	groundskeepers 	ar~ 	supervisory 	employees. 	Most
of 	the 	evidence 	regarding 	these 	positions 	consists 	of 	the
District's 	job 	descriptions. 	The 	District's 	superintendent 	did
testify 	that 	the 	job 	descriptions 	accurately 	reflect 	the 	duties
of 	the 	positions, 	and 	there 	was 	no 	evidence 	to 	the 	contrary.
However, 	the 	job 	descriptions 	are 	only 	conclusory 	in 	their 	use
of 	the 	words 	"assigns" 	and 	"supervises," 	and 	they 	do 	not
expressly 	address 	themselves 	to 	the 	statutory 	requirement 	that
the 	exercise 	of 	supervisory 	functions 	and 	authorities 	requires
the 	use 	of 	independent 	judgment.
Additionally, 	section 	3540.l(m) 	states 	that 	a 	determination
whether 	or 	not 	an 	employee 	is 	supervisory must 	be 	made
"regardless 	of 	job 	description." 	However, 	I 	do 	not 	read 	this
language 	to 	mean 	that 	job 	descriptions 	cannot 	be 	considered 	in
such 	a 	determination, 	but 	that 	a 	determination 	should 	not 	be
based 	only 	upon 	a 	job 	description, 	and 	that 	the 	testimony 	of 	a
witness 	should 	be 	weighed 	more 	heavily 	than 	a 	conflicting 	job
description.
In 	the 	present 	case 	there 	is 	more 	than 	the 	job 	descriptions
alone. 	There 	is 	also 	the 	unrebutted 	testimony 	of 	the
District's 	superintendent 	that 	the 	job 	descriptions 	are
accurate, 	and 	additional 	evidence 	on 	the 	various 	positions
which 	does 	not 	conflict 	with 	the 	job 	descriptions. 	For
instance, 	there 	is 	testimony 	that 	the 	custodial 	supervisor 	"is
in 	charge 	of 	the 	custodians" 	and 	that 	the 	supervisor 	of
gardeners 	and 	groundskeepers 	"is 	in 	charge 	of" 	and 	"supervises"
the 	gardeners 	and 	groundskeepers.
31

I find that the positions in question are supervisory
within the meaning of section 3540.1 (m) according to the
following reasoning. The job descriptions of the maintenance
supervisor-Collge of Marin, custodial supervisors, campus
police and security supervisors, and supervisors of gardeners
and groundskeepers state that these individuals assign work to
and direct other employees. In each case, the list of duties
indicates a wide range of responsibilities such that relatively
complex judgments must necessarily be involved. It can be
inferred from this that the assignment and direction is not
merely routine or clerical in nature, but requires the use of
independent judgment. Therefore, it is concluded that these
positions are supervisory within the meaning of section
3540. 1 (m) .
32
I 	find 	that 	the 	positions 	in 	question 	are 	supervisory
within 	t he 	meanin g 	of 	section 	3540 , l( rn ) 	acco r ding 	to 	the
following 	reasoning . 	The 	job descriptions 	of 	the 	maintenance
supervisor - Collge 	of 	Marin , 	custodial 	supervisors , 	campus
police 	and 	security 	supervisors , 	and 	supervisors 	of 	gardeners
and 	g roundskeepers 	state 	that 	t hese 	i ndividuals 	assi gn 	work 	to
and 	direct 	other 	employees. 	In 	each 	case , 	the 	list 	of 	duties
indicates 	a 	wide 	range 	of 	responsibi l i t ies 	su c h 	that 	relatively
complex 	judgments 	must 	necessar i ly 	be 	involved . 	It 	can 	be
infe r red 	from 	this 	that 	the 	assignmen t 	and 	direction 	i s 	no t
merely 	routine 	or 	clerical 	in 	nature , 	but 	requires 	the 	use 	of
independent 	judgment. 	Therefo r e, 	it 	is 	concluded 	that 	these
positions 	are 	supervisory 	within 	the 	meaning 	of 	section
3 5 4 O. 1 (m) •
Raymond J. Gonzales, Member
32

STATE OF CALIFORNIA
EDUCATIONAL EMPLOYMENT RELATIONS BOARD
In the Matter of:
MARIN COMMUNITY COLLEGE DISTRICT,
Employer,
Case Nos. SF-R-14
SF-R-15
SF-R-454
and
CIVIL SERVICE ASSOCIATION, LOCAL 400,
SEIU,
Employee Organization,
and
CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION,
Chapter 196,
Employee Organization
Appearances: Richard Godino, Attorney (Breon, Galgani, and Godino),
for Marin Community College District; Robert J. Bezemek, Attorney
(Van Bourg, Allen, Weinberg, and Roger), for Civil Service Association
Local 400, SEIU; Patrick P. McGovern, Attorney, for California
School Employees Association, Chapter 196.
Proposed Decision by Sharrel J. Wyatt, Hearing Officer.
PROCEDURAL HISTORY
On April 1, 1976, Civil Service Association, Local 400, SEIU
("SEIU") filed two requests for recognition with the Marin
One request was for a "Technical Employees Unit" of approx. 39
persons including the following classifications: key punch
operator, p.d. analyst programmer, data processing machine
operator, typesetter/graphic designer, graphic artist, instruc-
tional materials specialist, electronics technician, audio visual
technician, designer/stage technician, lab assistant, production
assistant, offset duplicating machine pressman, offset machine
duplicator, senior duplication clerk, lab technician. 	The other
request was for a "Skilled Trades and Operations Unit" including
-1-
STATE 	OF 	CALIFORNIA
EDUCATIONAL 	EMPLOYMENT 	RELATIONS 	BOARD
In 	the 	Matter 	of:
MARIN 	C0}1MUNITY 	COLLEGE 	DISTRICT,
Employer,
and
CIVIL 	SERVICE 	ASSOCIATION, 	LOCAL 	400,
SEIU,
Employee 	Organization,
and
CALIFORNIA 	SCHOOL 	EMPLOYEES 	ASSOCIATION,
Chapter 	196,
Employee 	Organization
)
)
)
)
) .
)
)
)
)
)
)
)
)
)
)
)
)
)
)_____________________ )
Case 	Nos. 	SF-R-14
SF-R-15
SF-R-454
Appearances: 	Richard 	Godino, 	Attorney 	(Breon, 	Galgani, 	and 	Godino),
for 	Marin 	Community 	College 	District; 	Robert 	J. 	Bezemek, 	Attorney
(Van 	Bourg, 	Allen, 	Weinberg, 	and 	Roger), for 	Civil 	Service 	Association
Local 	400, 	SEIU; 	Patrick 	P. 	McGovern, 	Attorney, 	for 	California
School 	Employees 	Association, 	Chapter 	196. ·
Propm,erl Decision by Sharrel J. 	Wyatt, Hearing Officer.
PROCEDURAL 	HISTORY
On April 	1, 	1976, 	Civil 	Service 	Association, 	Local 	400, 	SEIU
("SEIU") 	filed 	two 	requests 1 for 	recognition 	with 	the 	Marin
1 	. 	- 	.... 	.
One 	request 	was 	for 	a 	"Technical 	Employees 	Unit" 	of 	approx. 	39
persons 	'including 	the 	following 	classifications: 	key 	punch
operator, 	p.d. 	analyst 	programmer, 	data 	processing machine
operator, 	typesetter/graphic 	designer, 	graphic 	artist, 	instruc-
tional 	materials 	specialist, 	electronics 	technician, 	audio 	visual
technician, 	designer/stage 	technician, 	lab 	assistant, 	production
assistant, 	offset 	duplicating 	machine 	pressman, 	offset 	machine
duplicator, 	senior 	duplication 	clerk, 	lab 	technician. 	The 	other
request 	was 	for 	a 	"Skilled 	Trades 	and 	Operations 	Unit" 	including
-1-

Community College District ("District").
On April 1, 1976, California School Employees Association
and its College of Marin Chapter 196 ("CSEA") requested
recognition for all classified employees of the District.
On April 29, 1976, SEIU intervened for an Educational Office
Employees Unit.
approximately 62 employees in the following classifications:
campus police and security supervisor, campus police officer,
parking control officer, watchman, receiving clerk, custodial
supervisor, assistant custodial supervisor, custodial matron
grounds supervisor, gardener /groundskeeper, athletic equipment
manager/trainer, pool maintenance man, night watchman,
maintenance supervisor, maintenance carpenter, maintenance
electrician, maintenance heating and air conditioning mechanic,
maintenance mechanic, maintenance painter, maintenance plumber,
maintenance man, and supervisor of gardeners and grounds.
2CSEA's proposed unit would contain approximately 221 employees
including, but not limited to, food services, clerical and
secretarial, operations and maintenance (custodial/maintenance/
grounds) , instructional aides, transportation and would exclude
noon duty supervisor, and management, confidential and supervisory
employees. The evidence reflects no food services or transportation
employees in this District.
'SEIU's proposed "Educational Office Employees" unit consists of
approx. 80 employees in the following classifications: community
liaison officer, curriculum technician, test technician, coordinator
of public events, financial aids officer, admissions technician,
typist-clerk I and II, house gallery manager, library technician
assistant, accounts payable and order clerk, instruction assistant I,
governance system technician, student activities assistant,
counseling aide I, student placement officer, career center/job
placement technician, secretary I, II, and III, payroll clerk I
and II, library clerk I and II, and bookkeeper.
-2-
Connnunity 	College 	District 	("District").
approximately 	62 	employees 	in 	the 	followine 	classifications:
campus 	police 	and 	security 	supervisor, 	campus 	police 	officer,
parking 	control 	officer, 	watchman, 	receiving 	clerk, 	custodial
supervisor, 	assistant 	custodial 	supervisor, 	custodial 	matron
grounds 	supervisor,gardener/groundskeeper, 	athletic 	equipment
manager/trainer, 	pool 	maintenance 	man, 	night 	watchman,
maintenance 	supervisor, 	maintenance 	carpenter, 	maintenance
electrician, 	maintenance 	heating 	and 	air 	conditioning 	mechanic,
maintenance 	mechanic, 	maintenance 	painter, 	maintenance 	plumber,
maintenance 	man, 	and 	supervisor 	of 	gardeners 	and 	grounds.
On 	April 	1, 	1976, 	California 	School 	Employees 	Association
and 	its 	College 	of Marin 	Chapter 	196 	(" CSEA") r.eques ted
recognition 	for 	all 	classified 	employees 	of 	the 	District. 2
On 	April 	29, 	1976, 	SEID 	intervened 	for 	an 	Educational 	Office
Employees 	Unit. 3
2cSEA's 	proposed 	unit 	would 	contain 	approximately 	221 	employees
including, 	but 	not 	limited 	to, 	food 	services, 	clerical 	and
secretarial, 	operations 	and 	maintenance 	(custodial/maintenance/
grounds), 	instructional 	aides, 	transportation 	and 	would 	exclude
noon 	duty 	supervi~or, 	and 	management 	confider:itial 	and 	supervisQry
employees. 	The 	evidence 	reflect§ 	no. food 	servi,ces 	or 	transportation
employees 	in 	this 	District.
__
3SEIU' s 	proposed 	"Educational 	Office 	Emp.loyees" 	unft 	consists 	of ·
approx. 	80 	employees 	in 	the 	following 	classifications: 	conrrnuni ty
liaison 	officer, 	curriculum 	technician, 	test 	technician, 	coordina·-:or"
of 	public 	events, 	financial 	aids 	officer, 	admissions 	technician,
typist-clerk 	I 	and 	II, 	house 	gallery manager, 	library 	technician
assistant, 	accounts 	payable 	and 	order 	clerk, 	instruction 	assistant 	I,
governance 	system 	technician, 	student 	activities 	assistant,
counseling 	aide 	I, 	student 	placement 	officer, 	career 	center/job
placement 	technician, 	secretary 	I, 	II, 	and 	III, 	payroll 	clerk 	I
and 	II, 	library 	clerk 	I 	and 	II, 	and 	bookkeeper.
_
'
-2-

The District filed its response on May 4, 1976, challenging
the appropriateness of the units requested and claiming certain
positions as management, supervisory, or confidential.
A hearing was held on December 6, 7, and 17, 1976 before
Jim Pinnell, a Board agent. At the hearing, the parties stipulated
that the classified personnel officer and secretary to the super-
intendent are confidential, that the registrar, data processing
production supervisor, financial aids officer, and business
officer are supervisory, and that the business manager, director
of planning, assistant business manager, supervisor of plant
operations and maintenance, bookstore manager I and II, and
maintenance supervisor are either management or supervisory
employees. These stipulations are accepted without inquiry.
ISSUES
1. What is the appropriate unit or units for classified
employees of the District?
2. Whether the public information officer, purchasing
agent and/or planning associate are management employees within
the meaning of Section 3540.1(g)."
3. Whether the maintenance supervisor--College of Marin,
supervisor of gardeners/ groundskeepers, custodial supervisor,
assistant custodial supervisor, and/ or campus police security
supervisor are supervisory employees within the meaning of
Section 3540. 1(m) .
*All citations are to the Government Code unless otherwise
i
-3-
The 	District 	filed 	its 	response 	on 	May 	4, 	1976, 	challenging
the 	appropriateness 	of 	the 	units 	requested 	and 	claiming 	certain
positions 	as 	management, 	supervisory, 	or 	confidential.
A hearing 	was 	held 	on 	December 	6, 	7, 	and 	17, 	1976 	before
Jim 	Pinnell, 	a 	Board 	agent. 	At 	the 	hearing, 	the 	parties 	stipulated
that 	the 	classified 	personnel 	officer 	and 	secretary 	to 	the 	super-
intendent 	are 	confidential, 	that 	the 	registrar, 	data 	processing
production 	supervisor, 	financial 	aids 	officer, 	and 	business
officer 	are 	supervisory, 	and 	that 	the 	business 	manager, 	director
of 	planning, 	assistant 	business 	manaser, 	supervisor 	of 	plant
operations 	and 	maintenance, 	bookstore 	manager 	I 	and 	II, 	and
maintenance 	supervisor 	are 	either 	management 	or 	supervisory
employees. 	These 	stipulations 	are 	accepted 	without 	inquiry.
ISSUES
1. 	What 	is 	the 	appropriate 	unit 	or 	units 	for 	classified
employees 	of 	the 	District?
2. 	Whether 	the 	public 	information 	officer, 	purchasing
agent 	and/or 	planning 	associate 	are 	management 	employees 	within
the 	meaning 	of 	Section 	3540.l(g). 4
3. 	Whether 	the 	maintenance 	supervisor--College 	of 	Marin,
supervisor 	of 	gardeners/groundskeepers, 	custodial 	supervisor,
assistant 	custodial 	supervisor, 	and/or 	canpus 	police 	security
supervisor 	are 	supervisory 	employees 	within 	the 	meaning 	of
Section 	3540.l(m).
4All 	citations 	are 	to 	the 	Government 	Code 	unless 	otherwise
ndicated.	icated.	ind
-3-

4. Whether the secretary I--superintendent, secretary I--
certificated personnel officer, secretary I--classified personnel
officer, secretary III--business manager, secretary IV--president,
College of Marin and/ or secretary IV--president, Indian Valley
College are confidential employees within the meaning of
Section 3540.1(c).
The Appropriate Units
The District has two campuses in Marin County, College
of Marin with an average attendance of approximately 6000-7000
per day and Indian Valley College with an average attendance
of approximately 2500 per day. A substantial majority of
classified employees work at the College of Marin campus.
Each campus has a president.
The "skilled trades and operations" unit sought by SEIU
is closely akin to the "operations-support services" unit
found presumptively appropriate in Sweetwater Unified School
District in that it includes custodial, maintenance and grounds
positions. The SEIU unit also includes campus security classifica-
tions and the receiving clerk. In Sweetwater and Fremont Unified
School District, the Board set forth criteria for determining
community of interest including work function, supervision,
hours, educational requirements, roving work location, and
compensation.
'Sweetwater Unified School District, EERB Decision No. 4,
November 23, 1976.
Fremont Unified School District, EERB Decision No. 6,
December 16, 1976.
-4-
4.Whether 	the 	secretary 	I--superintendent,secretary 	I--
certificated 	personnel 	officer, 	secretary 	I--classified 	personnel
officer, 	secretary 	III--business 	mana3e~, 	secretary 	IV--president,
College 	of Marin 	and/or 	secretary 	IV--president, 	Indian 	Valley
College 	are 	confidential 	employees 	within 	the 	meaning 	of
Section 	3540.l(c).
The 	Appropriate 	Units
The 	District 	has 	two 	campuses 	in 	Marin 	County, 	College
of 	Marin 	with 	an 	average 	attendance 	of 	approximately 	6000-7000
per 	day 	and 	Indian 	Valley 	College 	with 	an 	average 	attendance
of 	approximately 	2500 	per 	day. 	A substantial 	majority 	of
classified 	employees 	work 	at 	the 	College 	of 	Marin 	campus.
Each 	campus 	has 	a 	president.
The 1 ' skilled 	trades 	and 	operations" 	unit 	sought 	by 	SEIU
is 	closely 	akin 	to 	the 	"operations-support 	services" 	unit
found 	presumptively 	appropriate 	in 	Sweetwater 	Unified 	School
District5in 	that 	it 	includes 	custodial, 	maintenance 	and 	grounds
positions. 	The 	SEIU 	unit 	also 	includes 	campus 	security 	classifica-
tions 	and 	the 	receivins 	clerk. 	In 	Sweetwater 	and 	Fremont 	Unified
School 	District~ 	the 	Board 	set 	forth 	criteria 	for 	determining
cormnunity 	of 	interest 	including work 	function, 	supervision,
hours, 	educational 	requirements, 	roving 	work 	location, 	and
compensation.
5sweetwater 	Unified 	School 	District, 	EERB 	Decision 	No. 	4,
November 	23, 	1976.
6Fremont 	Unified 	School 	District, 	EERB 	Decision 	No. 	6,
December 	16, 	1976.
-4-

On the campus of the College of Marin, the supervisor of
operations and maintenance, Mr. Prahm, reports to the president.
The custodial supervisor reports to Prahm. 	The assistant
custodial supervisor, pool maintenance man and custodians
report to the custodial supervisor.
The maintenance supervisor reports to Prahm. 	All maintenance
employees and the receiving clerk report to the maintenance
supervisor.
The supervisor of gardeners and groundskeepers reports to
Prahm. The campus police, parking patrol officers and watch-
men for both campuses report to the campus police and security
supervisor .
At Indian Valley College, a much smaller campus,
maintenance supervisor reports directly to the campus president.
A custodial supervisor and all maintenance employees report to
the maintenance supervisor.
Each of the positions sought in the "skilled trades and
operations" unit shares a common line of supervision.
The work function of each of the positions sought in this
unit is similar. Most of the employees sought in this unit
report to the maintenance yard. As in Sweetwater and Fremont,
classifications included in the skilled trades and operations
unit herein generally share roving work locations and are
involved in driving and repairing vehicles and other district
equipment, and perform janitorial, gardening and general
maintenance work at district facilities. The primary work
-5-
On 	the 	campus 	of 	the 	College 	of Marin, 	the 	supervisor 	of
operations 	and maintenance, 	Mr. 	Prahm, 	reports 	to 	the 	president.
The 	custodial 	supervisor 	reports 	to 	Prahm. 	The 	assistant
custodial 	supervisor, 	pool 	maintenance 	man 	and 	custodians
report 	to 	the 	custodial 	supervisor.
The 	maintenance 	supervisor 	reports 	to 	Prahm. 	All 	maintenance
employees 	and 	the 	receiving 	clerk 	report 	to 	the 	maintenance
supervisor.
The 	supervisor 	of 	gardeners 	and 	groundskeepers 	reports 	to
Prahm. 	The 	campus 	police, 	parking 	patrol 	officers 	and 	watch-
men 	for 	both 	campuses 	report 	to 	the 	campus 	police 	and 	security
supervisor.
At 	Indian 	Valley 	College, 	a 	much 	smaller 	campus, 	the
maintenance 	supervisor 	reports 	directly 	to 	the 	campus 	president.
A custodial 	supervisor 	and 	all 	maintenance 	employees 	report 	to
the 	maintenance 	supervisor.
Each 	of 	the 	positions 	sought 	in 	the 	"skilled 	trades 	and
operations" 	unit 	shares 	a 	common 	line 	of 	supervision.
The 	work 	function 	of 	each 	of 	the 	positions 	squght 	in 	this
unit 	is 	similar. 	Most 	of 	the 	employees 	sought 	in 	this 	unit
report 	to 	the 	maintenance 	yard. 	As 	in 	Sweetwater 	and Fremont,
classifications 	included 	in 	the 	skilled 	trades 	and 	operations
unit 	herein 	generally 	share 	roving work 	locations 	and 	are
involved 	in 	driving 	and 	repairing 	vehicles 	and 	other 	district
equipment, 	and 	perform - janitorial-; - gardening 	and 	general----
main tenance 	work 	at 	district 	facilities. 	The 	primary work
-5-

function of all these employees involves providing a proper
physical environment and support services for students.
Classifications which are sought in this unit but not found
in the presumptively appropriate Sweetwater operations and
support-services unit include the campus police, watchman, and
parking patrol officers and receiving clerk. The receiving
clerk receives, unloads and distributes materials to the
campus . 	This position involves physical labor and is an
integral part of the function of employees who provide
support services as a work function and share common supervision
with these classifications. While the campus police, watchman,
and parking patrol officers do not work with their hands and
tools to maintain and clean the campuses, they do maintain
safety conditions, protect the physcal facility, and maintain
parking control. Thus, their work function involves maintaining
the campus in terms of safety as support services for students.
They, too, share common supervision and a roving work location
with other support services employees. Several employees
within this proposed unit work hours which are different
from those of clerical, technical, and paraprofessional employees
who work from 8 a.m. to 5 p.m. approximately. Custodians are
employed on a day and night shift, watchmen work at night,
campus police work evenings and nights, some gardeners arrive
at 7 a.m. and work until 3 p.m.
Based on the foregoing, it is concluded that a "skilled
trades and operations" unit is an appropriate unit.
-6-
function 	of 	all 	these 	employees 	involves 	providipg 	a 	proper
physical 	environment 	and 	support 	services 	for 	students.
Classifications 	which 	are 	sought 	in 	this 	unit 	but 	not 	found
in 	the 	presumptively 	appropriate 	Sweetwater 	operations 	and
support-services 	unit 	include 	the 	campus 	police, 	watchman, 	and
parking 	patrol 	officers 	and 	receiving 	clerk. 	The 	receiving
clerk 	receives, 	unloads 	and 	distributes 	materials 	to 	the
campus. 	This 	position 	involves 	physical 	labor 	and 	is 	an
integral 	part 	of 	the 	function 	of 	employees 	who 	provide
support 	services 	as 	a work 	function 	and 	share 	conrrnon 	supervision
with 	these 	classifications. 	While 	the 	campus 	police, 	watchman,
and 	parking 	patrol 	officers 	do 	not 	work 	with 	their 	hands 	and
tools 	to 	maintain 	and 	clean 	the 	campuses, 	they 	do 	maintain
safety 	conditions, 	protect 	the 	physcal 	facility, 	and maintain
parking 	control. 	Thus, 	their 	work 	function 	involves 	maintaining
the 	campus 	in 	terms 	of 	safety 	as 	support 	services 	for 	students.
They, 	too, 	share 	common 	supervision 	and 	a 	roving 	work 	location
with 	other 	support 	services 	employees. 	Several 	employees
within 	this 	proposed 	unit 	work 	hours 	which 	are 	different
from 	those 	of 	clerical, 	technical, 	and 	paraprofessional 	employees
who 	work 	from 	8 	a. m. 	to 	5 p 	approxirg£tely. 	Custodians 	are
employed 	on 	a 	day 	and 	night 	shift, 	watchmen work 	at 	night,
campus 	police 	work 	evenings 	and 	nights, 	some 	gardeners 	arrive
at 	7 	a.m. 	and 	work 	until 	3 	p.m.
.m, :
Based 	on 	the 	foregoing, 	it 	is 	concluded 	that 	a 	"skilled
trades 	and 	operations" 	unit 	is 	an 	appropriate 	unit.
-6-

SEIU has sought two additional units, a "Technical Employees
Unit" and an "Educational Office Employees Unit."
In Sweetwater and Fremont, the Board found an office-
technical and business services unit to be presumptively appro-
priate. Here, SEIU seeks to carve out technical employees in
one unit and clerical into another. No party has sought the
Sweetwater unit. Thus, the issue is whether the units sought are
appropriate.
In Sweetwater, instructional aides (paraprofessionals) were
found to have a separate and distinct job function involving
directly assisting the educational development of students, and
separate educational requirements and lines of supervision.
The Sweetwater office-technical and business services unit
included clerical and secretarial, and duplication classifica-
tions based on distinctive work functions involving performance of
clerical and recordkeeping work, educational requirements,
compensation, work hours and supervision. Fremont, in addition,
included key punch operators, computer operators, programmers
and programmer analyst within this unit based on the same
community of interest criteria.
The work function of employees sought in the "Educational
Office Employees Unit" involves the range of clerical and record-
keeping skills while including classifications which work
primarily or directly with students such as the governance
system technician, student activities assistant, admissions
technician and counseling aides along with employees who are
-7-
SEIU 	has 	sought 	two 	additional 	units, 	a 	"Technical 	Employees
Unit" 	and 	an 	"Educational 	Office 	Employees 	Unit."
In 	Sweetwater 	and 	Fremont, 	the 	Board 	found 	an 	office-
technical 	and 	business 	services 	unit 	to 	be 	presumptively 	appro-
priate. 	Here, 	SEIU 	seeks 	to 	carve 	out 	technical 	employees 	in
one 	unit 	and 	clerical 	into 	another. 	No 	party has 	sought 	the
Sweetwater 	unit. 	Thus, 	the 	issue 	is 	whether 	the 	units 	sought 	are
appropriate.
In 	Sweetwater, 	instructional 	aides 	(paraprofessional:3) 	were
found 	to 	have 	a 	separate 	and 	distinct 	job 	function 	involving
directly 	assisting 	the 	educational 	development 	of 	students, 	and
separate 	educational 	requirements 	and 	lines 	of 	supervision.
The 	Sweetwater 	office-technical 	and 	business 	services 	unit
included 	clerical 	and 	secretarial, 	and 	duplication 	classifica-
tions 	based 	on 	distinctive 	work 	functions 	involving 	performance 	of
clerical 	and 	recordkeeping 	work, 	educational 	requirements,
compensation, 	work 	hours 	and 	supervision. 	Fremont, 	in 	addition,
included 	key 	punch 	operators, 	computer 	operators, 	programmers
and 	prograrrnner 	analyst 	within 	this 	unit 	based 	on 	the 	same
community 	of 	interest 	criteria.
The 	work 	function 	of 	employees 	sought 	in 	the 	"Educational
Office 	Employees 	Unit" 	involves 	the 	range 	of 	clerical 	and 	record-
keeping 	skills 	while 	including 	classifications 	which work
primarily 	or 	directly with 	students 	such 	as 	the 	governance
system 	technician, 	student 	activities 	assistant, 	admissions
technician 	and 	counseling 	aides 	along 	with 	employees 	who 	are
-7-

required to have a reasonably high degree of specialized skill
such as the test technician, curriculum technician and library
technical assistant. Virtually all employees in this proposed
unit are required to have a high school diploma or the
equivalent and several positions require or prefer two years of
college; some require the equivalent of college graduation.
The work function of employees in the proposed "Technical
Employees" unit also requires a large degree of clerical and
recordkeeping skill; i.e., the audio-visual technician keeps
inventory records and types work orders and film rental requests;
40 wpm typing is required for lab technicians; and 60 wpm
typing and shorthand for the production assistant.
Other positions require a higher degree of technical skill
such as the data processing analyst/programmer.
Some technical employees perform minor repairs, clean and
must do some lifting. It cannot be said that this is generally
true of employees within the proposed "Technical Employees" unit.
Some positions, such as the audio-visual technician,
production assistant, and laboratory assistant, involve substantial
direct involvement with students in the educational process.
Virtually all positions in this proposed unit require graduation
from high school. Some require or prefer two years of college.
A few require the equivalent of graduation from college. None
require special licensing or certification.
All classified employees share common benefits. The salary
range for the proposed "Technical Employees" unit is from range
-8-
required 	to 	have 	a 	reasonably 	high 	degree 	of 	specialized 	skill
such 	as 	the 	test 	technician, 	c~rriculum 	technician 	and 	library
technical 	assistant. 	Virtually 	all 	employees 	in 	this 	proposed
unit 	are 	required 	to 	have 	a 	high 	school 	diploma 	or 	the
equivalent 	and 	several 	positions 	require 	or 	prefer 	two 	years 	of
college; 	some 	require 	the 	equivalent 	of 	college 	graduation.
The work 	function 	of 	employees 	in 	the 	proposed 	"Technical
Employees" 	unit 	also 	requires 	a 	large 	degree 	of 	clerical 	and
recordkeeping 	skill; 	i.e., 	the 	audio-visual 	technician 	keeps
inventory 	records 	and 	types 	work 	orders 	and 	film 	rental 	requests;
40 	wpm 	typing 	is 	required 	for 	lab 	technicians; 	and 	60 	wpm
typing 	and 	shorthand 	for 	the 	production 	assistant.
Other 	positions 	require 	a 	higher 	degree 	of 	technical 	skill
such 	as 	the 	data 	processing 	analyst/programmer.
Some 	technical 	employees 	perform minor 	repairs, 	clean 	and
must 	do 	some 	lifting. 	It 	cannot 	be 	said 	that 	this 	is 	generally
true 	of 	employees 	within 	the 	proposed "Technical 	Employees" 	unit.
Some 	positions, 	such 	as 	the 	audio-visual 	technician,
production 	assistant, 	and 	laboratory 	assistant, 	involve 	substantial
direct 	involvement 	with 	students 	in 	the 	educationa·l process.
Virtually 	all 	positions 	in 	this 	proposed 	unit 	require 	graduation
from 	high 	school. 	Some 	require 	or 	prefer 	two 	years 	of 	college.
A few 	require 	the 	equivalent 	of 	graduation 	from 	college. 	None
require 	special 	licensing 	or 	certification.
All 	classified 	employees 	share 	common 	benefits. 	The 	salary
range 	for 	the 	proposed 	"Technical 	Employees" 	unit 	is 	from 	range
-8-

25 to 41. The range for the proposed "Educational Office
Employees" unit is from range 22 to 41. While most "technical"
classifications are somewhat higher on the classification
range, it cannot be said that their range is separate and
distinct from the range of "educational office" classifications.
From the record, it would appear that employees in both
proposed units work a normal work day (8:30-4:30) except for
data processing, where some employees work from 8 a.m. to 5 p.m.
and others work from 5 p.m. to 10 p.m. With the exception of
a few classifications, such as laboratory technicians, library
technical assistants and counseling aides, all employees in both
of these proposed units are employed on a twelve-month basis.
Within both proposed units, supervision is scattered.
Currently, the president of Indian Valley College supervises
the audio-visual technician. When a director of educational
services is hired, he will supervise the audio-visual technician,
as well as employees in duplicating, mail, community services
and the curriculum technician. 	The district business manager
supervises the data processing production supervisor, who
supervises employees in data processing including key punch
operators, data processing systems/ analyst/programmer and data
processing analyst/programmer. The business manager also
supervises accountant clerks and payroll clerks. 	Secretary IV's
are supervised by the presidents, secretary III's by deans,
secretary II's by assistant deans and secretary I's by department
heads. Laboratory assistants and the production assistant
-9-
25 	to 	41. 	The 	range 	for 	the 	proposed 	"Educational 	Office
Employees" 	unit 	is 	from 	range 	22 	to 	41. 	·while most 	"technical"
classifications 	are 	somewhat 	higher 	on 	the 	classification
range, 	it 	cannot 	be 	said 	that 	their 	range 	is 	separate 	and
distinct 	from 	the 	range 	of 	"educational 	office" 	classifications.
From 	the 	record, 	it 	would 	appear 	that 	employees 	in 	both
proposed 	units 	work 	a 	normal 	work 	day 	(8:30-4:30) 	except 	for
data 	processing, 	where 	some 	employees 	work 	from 	8 	a.m. 	to 	5 	p.m.
and 	others 	work 	from 	5 	p.m. 	to 	10 	p.m. 	With 	the 	exception 	of
a 	few 	classifications, 	such 	as 	laboratory 	technicians, 	library
technical 	assistants 	and 	counseling 	aides, 	all 	employees 	in 	both
of 	these 	proposed 	units 	are 	employed 	on 	a 	twelve-month 	basis.
Within 	both 	proposed 	units, 	supervision 	is 	scattered.
Currently, 	the 	president 	of 	Indian 	Valley 	College 	supervises
the 	audio-visual 	technician. 	When 	a 	director 	of 	educational
services 	is 	hired, 	he 	will 	supervise 	the 	audio-visual 	technician,
as 	well 	as 	employees 	in 	duplicating, 	mail, 	community 	services
and 	the 	curriculum 	technician. 	The 	district 	business 	manager
supervises 	the 	data 	processing 	production 	supervisor, 	who
supervises 	employees 	in 	data 	processing 	including 	key 	punch
operators, 	data 	processing 	systems/analyst/programmer 	and 	data
processing 	analyst/programmer. 	The 	business 	manager 	also
supervises 	accountant 	clerks 	and 	payroll 	clerks. 	Secretary 	IV's
are 	supervised 	by 	the 	presidents, 	secretary 	III's 	by 	deans,
secretary 	II's 	by 	assistant 	deans 	and 	secretary 	I's 	by 	department
heads. 	Laboratory 	assistants 	and 	the 	production 	assistant
. '
-9-

are supervised by the department to which they are assigned.
The head librarian supervises library technical assistants and
library clerks.
Based on work function, educational requirements, compensa-
tion, hours and supervision, there is no clear and distinct
community of interest which separates a unit of "Technical
Rather, each of these proposed units overlaps with the other, so
as to form a continuum as to work function, educational require-
, hours, compensation and supervision. It is, therefore,
found that separate units of "Technical Employees" and
"Educational Office Employees" are not appropriate. 	A
presumptively appropriate "Office Technical and Business
Services" unit would be appropriate based on community of
interest except for the inclusion of several positions which
appear to be appropriate to a unit of paraprofessional
employees such as laboratory assistants and counseling aides.
Since no party has sought a separate unit for paraprofessional
employees, these classifications will be included with the
office technical and business services classifications in a
residual unit.
-10-
are 	supervised 	by 	the 	department 	to 	which 	they 	are 	assigned,
The 	head 	librarian 	supervises 	library 	technical 	assistants 	and
library 	clerks.
Based 	on work 	function, 	educational 	requirements, 	compensa-
tion, 	hours 	and 	supervision, 	there 	is 	no 	clear 	and 	distinct
community 	of 	interest 	which 	separates 	a 	unit 	of 	"Technical
Employees" from a unit of "Educational Office Employees." ployees."
Rather, 	each 	of 	these 	proposed 	units 	overlaps 	with 	the 	other, 	so
as 	to 	form 	a 	continuum 	as 	to 	work 	function, 	educational 	require-
ments	ments, 	hours, 	compensation 	and 	supervision. 	It 	is, 	therefore,
found 	that 	separate 	units 	of 	"Technical 	Employees" 	and
"Educational 	Office 	Employees 1
' 	are 	not 	appropriate. 	A
presumptively 	appropriate 	"Office 	Technical 	and 	Business
Services 11 unit 	would 	be 	appropriate 	based 	on 	connnunity 	of
interest 	except 	for 	the 	inclusion 	of 	several 	positions 	which
appear 	to 	be 	appropriate 	to 	a 	unit 	of 	par?professional
employees 	such 	as 	laboratory 	assistants 	and 	counseling 	aides.
Since 	no 	party 	has 	sought 	a 	separate 	unit 	for 	paraprofessional
employees, 	these 	classifications 	will 	be 	included with 	the
office 	technical 	and 	business 	services 	classifications 	in 	a
residual 	unit.
Employees" 	from 	a 	unit 	of 	"Educational 	Office 	Em
-10-

- 	A residual unit is appropriate rather than an office technical
business services unit for the further reason that CSEA had
sought a wall-to-wall unit while SEIU sought units containing
specified units. Several positions were not included in SEIU's
two proposed units that would be included in a wall-to-wall or
a residual unit after carving out the "Skilled Trades and Opera-
tions Unit" sought by SEIU such as the job placement technician,
campus information and publications assistant, accounting
technician, account clerk I and II, bookstore purchasing I
stock clerk, financial aids assistant, switchboard operator and
personnel clerk. 	Therefore, it is found that the technical
employees unit and educational office employees are not
appropriate. These classifications will be placed in a residual
unit.
Whether Certain Employees are Management
Public Information Officer
The District seeks to exclude the public information
officer as a management employee. 	CSEA and SEIU seek to include
this position in the unit.
The public information officer has an office near the
superintendent and reports directly to him. She is responsible
for publications and for preparing and disseminating public
information including communications with the press, radio,
She meets	and television, and setting up news conferences.
with the middle management group and the district coordinating
-11 -
A residual 	unit 	is 	appropriate 	rather ,than 	an 	office 	technical
business 	services 	unit 	for 	the 	further. 	reason 	that 	CSEA 	had
sought 	a 	wall-to-wall 	unit 	while 	SEIU 	sour,ht 	units 	containing
specified 	units. 	Several 	positions 	we:I:-e 	not 	included 	in 	SEIU' s
two 	proposed 	units 	that 	would 	be 	included 	in 	a 	wall-to-wall 	or
a 	residual 	unit 	after 	carving 	out 	the 	"Skilled 	Trades 	and 	Opera-
tions 	Unitq 	sought 	by 	SEIU 	such as 	the 	job 	placernent 	technician,
campus 	information 	and 	publications 	assi8tant, 	accounting
technician, 	account 	clerk 	I 	and 	II, 	bookstore 	purchasing 	I
stock 	clerk, 	financial 	aids 	assistant, 	switchboard 	operator 	and
personnel 	clerk. 	Therefore, 	it 	is 	fou:1d 	tnat 	the 	technical
employees 	unit 	and 	educational 	office 	e!rcployees 	are 	not
appropriate. 	These 	classifications 	will 	be 	placed 	in 	a 	residual
unit.
Whether 	Certain 	Employees 	are 	Management
Public 	Information 	Officer
The 	District 	seeks 	to 	exclude 	the 	public 	information
officer 	as 	a management 	employee. 	CSEA 	and 	SEIU 	seek 	to 	include
this 	position 	in 	the 	unit.
_The 	public 	information 	officer 	has 	an 	office 	near 	the
superintendent 	and 	reports 	directly 	to 	~im. 	She 	is 	responsible
for 	publications 	and.for 	preparing 	and 	disseminating 	public
information 	including 	conmi.unications 	with 	the 	press, 	radio,
and 	television, 	and 	setting 	up 	news 	conferences. 	She 	meets
with 	the 	middle 	management 	group 	and 	the 	district 	coordinating
-11-

council to prepare for sensitive board agenda items. 	She would
issue press release regarding collective bargaining. 	She
develops the publications budget, $85,200 this year, for four
publications (including schedules of classes and catalogues)
which are sent to households in the county. Once the budget is
approved, she implements it without further approval. She
attends board meetings regularly.
In interpreting Section 3540.1(g) of the Act which defines
management employee, the Board has concluded that a person
must possess both of the functions delineated in that section
in order to be excluded from negotiating rights as a manage-
ment employee."
The record establishes that the public information officer
disseminates policy. Nothing in the record supports a finding
that the public information officer has either "significant
responsibilities for formulating" that policy or for "administering
district programs." It is, therefore, found that the public
information officer is not a management employee.
Planning Associates
The District would exclude the planning associate positions
as management. 	CSEA and SEIU would include them in the unit.
Section 3540.1(g) states: "Management employee" means any employee
in a position having significant responsibilities for formulating
district policies or administering district programs. Management
positions shall be designated by the public school employer
subject to review by the Educational Employment Relations Board.
Lompoc Unified School District, EERD Decision No. 13, March 17,
1977; Los Rios Community College District, EERB Decision No. 18,
June 9, 1977.
-12-
council 	to 	prepare 	for 	sensitive 	board 	agenda 	items. 	She 	would
issue 	press 	release 	regarding 	collective 	bargaining. 	She
develops 	the 	publications 	budget, 	$25,~nc 	this 	year, 	for 	four
publications 	(including 	schedules 	of 	classes 	and 	catalogues)
which 	are 	sent 	to 	households 	in 	the 	county. 	Once 	the 	budget 	is
approved, 	she 	implements 	it 	without 	~u::-tl--er 	approval. 	She
attends 	board 	meetings 	regularly.
In 	interpreting 	Section 	3540.l(e) 7of 	the 	Act 	which 	defines
management 	employee, 	the 	Board 	has 	concluded 	that 	a 	person
must 	possess 	both 	of 	the 	functions 	deJ.inec1.ted 	in 	that 	section
in 	ordet 	to 	be 	excluded 	from 	negotiating 	rights 	as 	a 	manage-
ment 	employee. 8
The 	record 	establishes 	that 	the 	pubJ.ic 	information 	officer
disseminates 	policy. 	Nothing 	in 	the 	record 	supports 	a 	finding
that 	the 	public 	information 	officer 	has 	either 	"significant
responsibilities 	for 	formulating" 	that 	policy 	or 	for 	"administering
district 	programs." 	It 	is, 	therefore, 	"f:ound 	that 	the 	public
information 	officer 	is 	not 	a 	management 	er:1ployee.
Planning 	Associates
The 	District 	would 	exclude 	the 	rlanning 	associate 	positions
as 	management. 	CSEA 	and 	SEIU would 	include 	them in 	the 	unit.
7 Section 	3540. 1 (g) 	states: 	"Management 	ern:p loyee" 	means 	any 	employee
in 	a 	position 	having 	significant 	responsibilities 	for 	formulating
district 	policies 	or 	administering 	district 	programs. 	Management
positions 	shall 	be 	designated 	by 	the 	~ubJ.ic 	school 	employer
subject 	to 	review 	by 	the 	Educational 	J:L-i.i:loyment 	Relations 	Board.
8Lompoc 	Unified 	School 	District, 	EEP--B 	recision 	No. 	13, 	Marc~ 	17,
1977; 	Los 	Rios 	Community 	College 	District, 	EERB 	Decision 	No. 	18,
June 	9, 	1977.
-12-

The planning associate for facilities position has been
replaced by the position of facilities coordinator who is
responsible for inspecting job sites and making recommendations
for changes in remodeling and rehabilitation of facilities
including review of the program; i. e., the need for removal
of architectural barriers for the handicapped, and developing
proposed solutions. The position works with various departments
and student groups. After a plan is developed, it is forwarded
to the planning director for approval. The facilities coordinator
oversees implementation. The facilities coordinator has never
participated on the management team for negotiation. 	The
District intends to include him on their team in the future.
The record does not reflect whether he has attended any meetings
thus far. He has not been required to do so.
The planning associate/construction coordinator works
with inspectors at the job site and recommends changes in
orders. He must operate within the budget. He reviews planning
and contract documents for construction projects. Contractors
are selected by the board by competitive bid.
As indicated earlier, to exclude an employee from rights
under the EERA as management, the Board has held that the employee
must have both "significant responsibility for formulating
district policies" and "administering district programs."
The facilities coordinator and planning associate/construction
coordinator recommends and oversees construction programs.
The recommendations are forwarded to the planning director for
approval. These positions are several steps removed from those
-13-
The 	planning 	associate 	for 	facilities 	position 	has 	been
replaced 	by 	the 	position 	of 	facilities 	coordinator 	who 	is
responsible 	for 	inspecting 	job 	sites 	and 	making 	reconnnendations
for 	changes 	in 	remodeling 	and 	rehabilitation 	of 	facilities
including 	review 	of 	the program; 	i.e., 	tte 	need 	for 	removal
of 	architectural 	barri.ers 	for 	the 	handicapped, 	and 	develop:i.ng
proposed 	solutions. 	The 	position works 	with 	various 	departments
and 	student 	groups. 	After 	a 	plan 	is 	2eveloped, 	it 	is 	forwarded
to 	the 	planning 	director 	for 	approval. 	The 	facilities 	coordinator
oversees 	implementation. 	The 	facilities 	coordinator 	has 	never
participated 	on 	the 	management 	team 	for 	negotiation. 	The
District 	intends 	to 	include 	him 	on 	th~ir 	team 	in 	the 	future.
The 	record 	does 	not 	reflect 	whether 	he 	~as 	attended 	any 	meetings
thus 	far. 	He 	has 	not 	been 	required 	to 	do 	so.
The 	planning 	associ~te/construction 	coordinator 	works
with 	inspectors 	at 	the 	job 	site 	and 	recorrmends 	changes 	in
orders. 	He 	must 	operate within 	the 	budget. 	He 	reviews 	planning
and 	contract 	documents 	for 	construction 	projects. 	Contractors
are 	selected 	by 	the 	board 	by 	competitive 	bid.
As 	indicated 	earlier, 	to 	exclude 	an 	employee 	from 	rights
under 	the EERA as 	management, 	the 	Board 	has 	held- that 	the 	employee
must 	have 	both 11 significant 	responsibility 	for 	formulating
district 	policies" 	and 	"administering 	district 	programs."
The 	facilities 	coordinator 	and 	planning 	associate/construction
coordinator 	recommends 	and 	oversees 	construction 	programs.
The 	recommendations 	are 	forwarded 	to 	the 	planning 	director 	for
approval. 	These 	positions 	~re 	several 	steps 	removed 	from 	those
-13-

who formulate policy. As such, they are not management employees
under the Act.
Purchasing Agent
The District would exclude the purchasing agent as management.
CSEA and SEIU would include this position in the unit.
The purchasing agent supervises and works with the develop-
ment of inventory programs. He is responsible for developing
procedures for purchases and he receives, examines and approves
requisitions for the purchase of supplies and services,
verifies availability of funds, and related activities. 	As part of
middle management, he meets with the superintendent before each
board meeting. 	He reports to the district business manager,
who is responsible for seeing that all purchases comply with
the Education Code.
No employees are supervised by the purchasing agent. 	He
works with employees in the district business office. Policies
and procedures relative to purchases which are developed by
the purchasing agent are routed from him to the business
manager, then to the college president and then to the board
of trustees for approval. He does not have responsibility for
developing budgets.
Based on his duties, the purchasing agent has neither
significant responsibilities for formulating district policy
nor for administering district programs. Therefore, it is
found that the purchasing agent is not a management employee.
-14-
who 	formulate 	policy. 	As 	such, 	they 	are 	not 	management 	employees
under 	the 	Act.
Purchasing 	Agent
The 	District 	would 	exclude 	the 	purchasing 	agent 	as 	management.
CSEA 	and 	SEIU would 	include 	this 	position 	in 	the 	unit.
The 	purchasing 	agent 	supervises 	and 	works 	with 	the 	develop-
ment 	of 	inventory 	programs. 	He 	is 	responsible 	for 	developing
procedures 	for 	pu::-chases 	and 	he 	receives, 	examines 	and 	approves
requisitions 	for 	the 	purchase 	of 	supplies 	and 	services,
verifies 	availability 	of 	funds, 	and 	related 	activities. 	As 	part 	of
middle 	management, 	he 	meets 	with 	the 	superintendent 	before 	each
board 	meeting. 	He 	reports 	to 	the 	district 	business 	manager,
who 	is 	responsible 	for 	seeing 	that 	all 	purchases 	comply 	with
the 	Education 	Code.
No 	employees 	are 	supervised 	by 	the 	purchasing 	agent. 	He
works 	with 	employees 	in 	the 	district 	business 	office. 	Policies
and 	procedures 	relative 	to 	purchases 	which 	are 	developed 	by
the 	purchasing 	agent 	are 	routed 	from 	him 	to 	the 	business
manager, 	then 	to 	the 	college 	president 	and 	then 	to 	the 	board
of 	trustees 	for 	approval. 	He 	does 	not 	have 	responsibility 	for
developing 	budgets·.
Based 	on 	his 	duties, 	the 	purchasing 	agent 	has 	neither
significant 	responsibilities 	for 	f.orr1ulating 	district 	policy
nor 	for 	administering 	district 	programs. 	Therefore, 	it 	is
found 	that 	the 	purchasing 	agent 	is 	not 	a 	management 	employee.

Whether Certain Employees are Confidential
Secretary I - Superintendent
The District would exclude the secretary I-superintendent
as confidential. CSEA and SEIU would include this position in the un
The secretary to the superintendent was excluded by stipula-
tion. The secretary I works in the same office and helps
prepare board minutes for approval by the superintendent . and
submission to the board. The secretary I has major responsibility
for preparing the board agenda and materials including items
for executive session where meet and confer and meet and
negotiate matters are covered. She also receives phone calls
and types letters and memos to the campus presidents and others
regarding negotiations.
She does not attend executive sessions of the board. She
does help prepare factfinding reports in preparation for
factfinding.
Section 3540.1(c) states:
"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 preparing items for executive session of the board
and in handling correspondence for the superintendent relative
to employer-employee relations, the secretary I-superintendent
is a confidential employee within the meaning of the Act.
-15-
Whether 	Certain 	Employees 	are 	Confidential
Secretary 	I 	- 	Superintendent
The 	District 	would 	exclude 	the 	secretary 	I-supeYintendent
as 	confidential. 	CSEA 	and 	SEID would 	include 	this 	position 	in 	the 	un
The 	secretary 	to 	the 	superintendent was 	excluded 	by 	stipula-
tion. 	The 	secretary 	I 	works 	in 	the 	same 	office 	and 	helps
prepare 	board 	minutes 	for 	approval 	by 	the 	superintendent.and
submission 	to 	the 	board. 	The 	secretary 	I 	has 	major 	responsibility
for 	preparing 	the 	board 	agenda 	and 	materials 	including 	items
for 	executive 	session where 	meet 	and 	confer 	and 	meet 	and
negotiate 	matters 	are 	covered. 	She 	also 	receives 	phone 	calls
and 	types 	letters 	and 	memos 	to 	the 	campus 	presidents 	and 	others
regarding 	negotiations.
She 	does 	not 	attend 	executive 	sessions 	of 	the 	board. 	She
does 	help 	prepare 	factfinding 	reports 	in 	preparation 	for
factfinding.
Section 	3540.l(c) 	states:
"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 	preparing 	items 	for 	executive 	session 	of 	the 	board
and 	in 	handling 	correspondence 	for 	the 	superintendent 	relative
to 	employer-employee 	relations, 	the 	secretary 	I-superintendent
is 	a 	confidential 	employee 	within 	the 	rne~ning 	of 	the 	Act.
-15-

Secretary I's - Personnel Officer
The District would exclude the secretary I's to the personnel
officers as confidential. CSEA and SEIU would include them in the uni
The two secretary I positions in the personnel office prepare
salary studies comparing salaries, fringes, hours and evaluations
to those in other districts and maintain evaluation files.
Preparing salary comparisons is not confidential unless it
includes preparation for the District's proposals, a fact not
in the record here. Maintaining evaluation files is not confidential
in nature. To reflect the duties of the secretary I's-personnel
office, the following testimony was given:
"Q. Would the personnel officer be involved in any 	. . .
if we were negotiating an issue such as how an
evaluation procedure should be put together, would
the personnel officer. ..
A. We would turn to the personnel officer for recommendations
on that."
The evidence does not reflect that the personnel officer has
prepared such proposals or that the secretary I's had access to it
in the regular course of their duties.
"Q. Do you have confidential communications which you would
be sending to the personnel officer?
A. Often.
Q. Are those. . . do those go through the secretaries?
A. My secretary would probably take these communications to
one of the secretaries in that office.
Q. Do you ever receive from the personnel office any
confidential communications involving negotiations?
A. Yes, we would.
-16-
Secretary 	I's 	- 	Personnel 	Officer
The 	District 	would 	exclude 	the 	secretary 	I's 	to 	the 	personnel
officers 	as 	confidential. 	CSEA 	and 	SEIU would 	include 	them 	in 	the 	unj
The 	two 	secretary 	I 	positions 	in 	the 	personnel 	office 	prepare
salary 	studies 	comparing 	salaries, 	fringes, 	hours 	and 	evaluations
to 	those 	in 	other 	districts 	and maintain 	evaluation 	files.
Preparing 	salary 	comparisons 	is 	not 	confidential 	unless 	it
includes 	preparation 	for 	the 	District's 	proposals, 	a 	fact 	not
in 	the 	record 	here. 	Maintaining 	evaluation 	files 	is 	not 	confidential
in 	nature. 	To 	reflect 	the 	duties 	of 	the 	secretary 	I's-personnel
office, 	the 	following 	testimony was 	given:
"Q. 	Would 	the 	personnel 	officer 	be 	involved 	in 	any 	...
if we 	were 	negotiating 	an 	issue 	such 	as 	how 	an
evaluation 	procedure 	should 	be 	put 	together, 	would
the 	personnel 	officer ...
A. 	We 	would 	turn 	to 	the 	personneJ. 	officer 	for 	recommendations
on 	that."
The 	evidence 	does 	not 	reflect 	that 	the 	personnel 	officer 	has
prepared 	such 	proposals 	or 	that 	the 	secretary 	I's 	had 	access 	to 	it
in 	the 	regular 	course 	of 	their 	duties.
"Q. 	Do 	you 	have 	confidential 	corrrrnunications 	which 	you 	would
be 	sending 	to 	the 	personnel 	officer?
A. 	Often.
Q. 	Are 	those ... do 	those 	go 	through 	the 	secretaries?
A. 	My 	secretary would 	probably 	take 	these 	communications 	to
one 	of 	the 	secretaries 	in 	that 	office.
Q. 	Do 	you 	ever 	receive 	from 	the 	personnel 	office 	any
confidential 	communications 	involvin8 	negotiations?
A. 	Yes, 	we 	would. 	·
-16-

Q. Would those be typed documents?
A. They very likely would be typed in that office.
Q. Would they be typed by either one of these two
positions?
This latter testimony is conclusionary in nature. 	While
the person testifying uses the term "confidential", it is
impossible from the record to make a determination that the
materials sent and/ or received are confidential within the
meaning of Section 3540.1 (c).
Based on the foregoing, is is determined that the secretary I's-
personnel officer are not confidential employees.
Secretary III - Business Manager
The District would exclude the position of secretary III
business manager. The employee organization would include it in
the unit.
The business manager sits at the table and takes notes
during negotiations. 	The record does not reflect that he keeps
notes from confidential sessions.
The record reflects that:
A . 	The business manager is very heavily
involved, insofar as the budgetary
aspects of any proposal may be con-
One of the first things we
do is to cost out proposals which
are submitted so that we can place
a dollar value on the request.
These materials, of course, are
prepared by the business manager's
s
in a format for us to take to the
-17-
Q. 	Would 	those 	be 	typed 	documents?
A. 	They 	very 	likely would 	be 	typed 	in 	that 	office.
Q. 	Would 	they 	be 	typed 	by 	either 	one 	of 	these 	two
positions?
A. Yes." ."	A. 	Yes
This 	latter 	testimony 	is 	conclusionary 	in 	nature. 	·while
the 	person 	testifying 	uses 	the 	term 	"confidential", 	it 	is
impossible 	from 	the 	record 	to 	make 	a 	determination 	that 	the
materials 	sent 	and/or 	received 	are 	confidential 	within 	the
meaning 	of 	Section 	3540.1 	(c).
Based 	on 	the 	foregoing, 	is is 	determined 	that 	the 	secretary 	I's-
personnel 	officer 	are 	not 	confidential 	employees.
<;
Secre.tary 	IIT 	- 	Business 	Mahag·er 	,
The 	District 	would 	exclude 	the 	position 	of 	secretary 	III 	-
business 	manager. 	The 	employee 	organization 	would 	include 	it 	in
the 	unit.
The 	business 	manager 	sits 	at 	the 	table 	and 	takes 	notes
during 	negotiations. 	The 	record 	does 	not 	reflect 	that 	he 	keeps
notes 	from 	confidential 	sessions.
The 	record 	reflects 	that:
A. 	The 	business 	manager 	is 	very 	heavily
involved, 	insofar 	as 	the 	budgetary
aspects 	of 	any 	proposal 	may 	be 	con-
cerned.	cerned. 	One 	of 	the 	first 	things 	we
do 	is 	to 	cost 	out 	proposals 	which
are 	submitted 	so 	that 	we 	can 	place
a 	dollar 	value 	on 	the 	request.
These 	materials, 	of 	course, 	are
prepared 	by 	the 	business 	manager's
secretary,	ecretary, insofar as placing them	insofar 	as 	placing 	them
in 	a 	format 	for 	us 	to 	take 	to 	the
board. d.	boar
-17-

In Sierra Sands Unified School District, the Board
indicated that calculating "the cost of proposals hardly
suggests that they perform cost evaluations giving them
information relating to their employer's employer-employee
relations. "
Here, the secretary III is typing the "cost out" of
proposals. It is impossible to conclude from the record that
she is preparing evaluations on the position of her employer
in negotiations.
Therefore, the secretary III-business manager is found
not to be a confidential employee.
Secretary IV - College Presidents
The District would exclude the secretary IV's - college
presidents as confidential. The employee organizations would
include these positions in the unit.
Each college president is responsible for receiving
proposals in negotiations and commenting on them. Their responses
are typed by the secretary IV's. Their secretaries type, send
and receive communications relative to negotiations. The college
presidents are part of management and attend executive sessions
of the board relating to employer-employee relations. Because
Sierra Sands Unified School District, EERB Decision No. 2,
October 14, 1976.
-18-
In 	Sierra 	Sands 	Unified 	School' District, 9 the 	Board
indicated 	that 	calculating 	"the 	cost 	of 	proposals 	hardly
suggests 	that 	they 	perform 	cost 	evaluations 	giving 	them
information 	relating 	to 	their 	employer's 	employer-employee
relations."
Here, 	the 	secretary 	III 	is 	typing 	the 	"cost 	out" 	of
proposals. 	It 	is 	impossible 	to 	conclude 	from 	the 	record 	that
she 	is 	preparing 	evaluations 	on 	the 	position 	of 	her 	employer
in 	negotiations.
Therefore, 	the 	secretary 	III-business 	manager 	is 	found
not 	to 	be 	a 	confidential 	employee.
Secretary 	IV 	- 	College 	Presidents
The 	District 	would 	exclude 	the 	secretary 	IV's 	- 	college
presidents 	as 	confidential. 	The 	employee 	organizations 	would
include 	these 	positions 	in 	the 	unit.
Each 	college 	president 	is 	responsible 	for 	receiving
proposals 	in 	negotiations 	and 	commenting 	on 	them. 	Their 	responses
are 	typed 	by 	the 	secretary 	IV's. 	Their 	secretaries 	type, 	send
and 	receive 	communications 	relative 	to 	neeotiations. 	The 	college
presidents 	are 	part 	of management 	and 	attend 	executive 	sessions
of 	the 	board 	relating 	to 	employer-employee 	relations. 	Because
9 s·ier'ra Sands 	Unified 	School 	District, 	EERB 	Decision 	No. 	2,
October 	14, 	1976.
-18-

the secretary IV's to the college presidents handle recommenda-
f the presidents relative to proposals in negotiations,
the work they perform is confidential in nature.
Whether Certain Employees are Supervisory
Maintenance Supervisor - College of Marin
The District would exclude the maintenance supervisor-
College of Marin as supervisory. CSEA and SEIU would include
this position in the unit.
The maintenance supervisor at the college reports to the
supervisor of plant operations and maintenance for whom he
substitutes when the latter is absent.
The maintenance supervisor's job description indicates that
he "plans, organizes, assigns, reviews, and supervises the work
of journeymen in carpentry, paint, plumbling, electricity,
automotive mechanics, and heating and air conditioning."
Testimony indicates he has no authority to hire or fire.
The Board has indicated that Section 3540.1(m) is
Section 3540.1(m) states: "Supervisory employee" means any
employee, regardless of job description, having authority in the
interest of the employer to hire, transfer, suspend, lay off,
recall, promote, discharge, assign, reward, or discipline other
employees, or the responsibility to assign work to and direct them,
or to adjust their grievances, or effectively recommend such
action if, in connection with the foregoing functions, the
exercise of such authority is not of a merely routine or clerical
nature, but requires the use of independent judgment.
-19-
the 	secretary 	IV's 	to 	the 	college 	presidents 	handle 	recommenda-
tions otions 	of 	the 	presidents 	relative 	to 	proposals 	in 	negotiations,
the 	work 	they 	perform 	is 	confidential 	in 	nature.
Whether 	Certain 	Employees 	are 	Supervisory
Maintenance 	Suuervisor 	- 	College 	of 	~arin
The 	District 	would 	exclude 	the 	~aintenance 	supervisor-
College 	of 	Marin 	as 	supervisory. 	CSEA 	and 	SEIU would 	include
this 	position 	in 	the 	unit.
The 	maintenance 	supervisor 	at 	the 	college 	reports 	to 	the
supervisor 	of 	plant 	ope.rations 	and 	maintenance 	for 	whom 	he
substitutes 	when 	the 	latter 	is 	absent.
The 	maintenance 	supervisor's 	job 	description 	indicates 	that
-he 	"plans, 	organizes, 	assigns, 	reviews, 	and 	supervises 	the 	work
of 	journeymen 	in 	carpentry, 	paint, 	plumbling, 	electricity,
automotive 	mechanics, 	and 	heating 	and 	air 	conditioning."
·
Testimony 	indicates 	he 	has 	no 	authority 	to 	~ire 	or 	fire.
The 	Board 	has 	indicated 	that 	Section 	3540.l(m) 10 is
lOsection 	3540.1 (m) 	states: 	"Supervisory 	enployee" 	means 	any
employee, 	regardless 	of 	job 	description, 	having 	authority 	in 	the
interest 	of 	the 	employer 	to 	hire, 	trans~er, 	suspend, 	lay 	off,
recall, 	promote, 	discharge, 	assign, 	reward, 	or 	discipline 	other
employees, 	or 	the 	responsibility 	to 	assiin 	work 	to 	and 	direct 	them,
or 	to 	adjust 	their 	grievances, 	or 	effectively 	recorrrrnend 	such
action 	if, 	in 	connection 	with 	the 	foregoing 	functions, 	the
exercise 	of 	such 	authority 	is 	not 	of 	a 	~erely 	routine 	or 	cleric~l
nature, 	but 	requires 	the 	use 	of 	independent 	judgment.

written in the disjunctive and that possession of any one of
the enumerated functions or duties will render an employee
supervisory. If 	The only enumerated supervisory function in the
record for the maintenance supervisor-College of Marin is
the job description which indicates that he assigns work to
certain other employees. The record does not indicate whether
he assigns work in the supervisory sense or whether it is merely
routine or clerical in nature.
The maintenance supervisor-College of Marin also substitutes
for the supervisor of plant operations and maintenance, a
position the parties stipulated was either management or
supervisory. The record does not reflect the frequency or
responsibilities involved in the substitution. The record does
not sufficiently reflect that the maintenance supervisor-
College of Marin performs any of the enumerated duties of
Section 3540. 1(m) .
Based on the record, the maintenance supervisor-College
of Marin is not a supervisory employee.
llSweetwater, supra; San Diego Unified School District, EERB
Decision No. 3, March 1, 1977; Foothill-DeAnza Community College
District, EERB Decision No. 10, March 1, 1977.
-20-
written 	in 	the 	disjunctive 	and 	that 	possession 	of 	any 	one 	of
the 	enumerated 	functions 	or 	duties 	will 	render 	an 	employee
supervisory. 11 The 	only 	enumerated 	supervisory 	function 	in 	the
record 	for 	the 	maintenance 	supervisor-College 	of 	Marin 	is
the 	job 	description 	which 	indicates 	that 	he 	assigns 	work 	to
certain 	other 	employees. 	The 	record 	does 	not 	indicate 	whether
he 	assigns 	work 	in 	the 	supervisory 	sense 	or 	whether 	it 	is 	merely
routine 	or 	clerical 	jn 	nature.
The 	maintenance 	supervisor-Colle3e 	o~ 	Marin 	also 	substitutes
for 	the 	supervisor 	of 	plant 	operations 	and 	~aintenance, 	a
position 	the 	parties 	stipulated was 	either 	management 	or
supervisory. 	The 	record 	does 	not 	reflect 	the 	frequency 	or
responsibilities 	involved 	in 	the 	substitutiono 	The 	record 	does
not 	sufficiently 	reflect 	that 	the 	maintenance 	supervisor-
College 	of Marin 	performs 	any 	of 	the 	enumerated 	duties 	of
Section 	3540.l(m).
Based 	on 	the 	record, 	the 	maintenance 	supervisor-College
of Marin 	is 	not 	a 	supervisory 	employee. ,,	
---· __ ,_,_ ____ , -.-...~,--,-
llsweetwater, 	supra; 	San 	Die 	o 	Unified 	School 	District, 	EERB
Decision 	No. 	8, 	Harch 	, 	; 	Foothi __ -DeAnza 	Cor.munity 	Colle,ge
District, 	EERB 	Decision 	No. 	10, 	March 	1, 	1977.
-20-

Supervisor of Gardeners/ Groundskeepers
The District would exclude the supervisor of gardeners/
groundskeepers as supervisory. The employee organizations
would include this position in the unit.
The supervisor of gardeners/groundskeepers reports to the
supervisor of plant operations and maintenance. According to
the job description, this position is responsible for inspecting
grounds, determining maintenance requirements and scheduling
and assigning gardening and grounds personnel. The record
reflects that this position directs where the crews will work
each morning, works with the crews, verbally corrects the way in
which crew members perform and evaluates employees.
Both the apparent broad discretion in assigning work and
Custodial Supervisor
The District would exclude the position of custodial
supervisor as supervisory. CSEA and SEIU would include this
position in the unit.
The custodial supervisor at College of Marin reports to
the supervisor of plant operations and maintenance. At Indian
plant operations and maintenance. 	The custodial
supervisor plans, organizes, coordinates and supervises
-21-
Supervisor 	of 	Gardeners/Groundskeepers
The 	District 	would 	exclude 	the 	supervisor 	of 	gardeners/
groundskeepers 	as 	supervisory. 	The 	employee 	organizations
would 	include 	this 	position 	in 	the 	unit.
The 	supervisor 	of 	gardeners/groundskeepers 	reports 	to 	the
supervisor 	of 	plant 	operations 	and 	maintenance. 	According 	to
the 	job 	description, 	this 	position 	is 	responsible 	for 	inspecting
grounds, 	determining 	maintenance 	requirements 	and 	scheduling
and 	assigning 	gardening 	and 	grounds 	personnel. 	The 	record
reflects 	that 	this 	position 	directs 	where 	the 	crews 	will 	work
each morning, 	works 	with 	the 	crews, 	verbally 	corrects 	the 	way 	in
which 	crew members 	perform 	and 	evaluates 	employees.
Both 	the 	apparent 	broad 	discretion 	in 	assigning work 	and
authority to evaluate are supervisory functions. The supervisor of	a 	rvisor 	of
gardeners/ groundskeepers is a supervisory employee.	ployee.
uthority 	to 	evaluate 	are 	supervisory 	functions. 	The 	supe
gardeners/groundskeepers 	is 	a 	supervisory 	em
Custodial 	Supervisor
The 	District 	would 	exclude 	the 	position 	of 	c~stodial
supervisor 	as 	supervisory. 	CSEA 	and 	SEID would 	include 	this
position 	in 	the 	unit.
The 	custodial 	supervisor 	at 	College 	of 	Marin 	reports 	to
the 	supervisor 	of 	plant 	operations 	and 	maintenance. 	At 	Indian
Valley College, the maintenance supervisor acts as the super-	Valley 	College, 	the 	maintenance 	supervisor 	acts 	as 	the 	super-
visor of	visor 	of 	plant 	operations 	and 	maintenance. 	The 	custodial
supervisor 	plans, 	organizes, 	coordinates 	and 	supervises
-21-
< - ""'' h • -•-	
' ~-~··· ., ... ,..,....,
"' ··--' .~-: ' ..
" '

work of the custodial staff, and is responsible for arranging
work schedules, vacation periods, and planning the summer
vacation work schedule according to the job description which was
admitted in evidence. The record does not indicate whether
these responsibilities are routine in nature or involve the
exercise of discretion; i. e., does the custodial supervisor
merely receive and transmit vacation data, or does he have
authority to resolve conflicts to assure the necessary complement
of employees on the job. Based on the scant record, it cannot
be found that the custodial supervisor possesses any of the
specifically enumerated duties of Section 3540.1(m). The
custodial supervisor is not a supervisory employee.
Assistant Custodial Supervisor
The District would exclude the assistant custodial
supervisor as supervisory. The employee organizations would
include this position in the unit.
The assistant custodial supervisor reports to the custodial
supervisor and substitutes for him in his absence. The assistant
custodial supervisor assists the custodial supervisor in
coordinating and supervising the work of the custodial staff,
works with other custodians or replaces absent custodians
No rooms are assigned to him. He is 	g
and occasionally ordering supplies and instructing other
custodians on new methods. The assistant custodial supervisor
works nights. If a member of the night crew had a grievance,
the assistant custodial supervisor would make a notation on it
-22-
work 	of 	the 	custodial 	staff,and 	is 	responsible 	for 	arranging
work 	schedules, 	vacation 	periods, 	and 	planning 	the 	summer
vacation 	work 	schedule 	according 	to 	the 	job 	description 	which 	was
admitted 	in 	evidence. 	The 	record 	does 	not 	indicate 	whether
these 	responsibilities 	are 	routine 	in 	nature 	or 	involve 	the
exercise 	of 	discretion; 	i.e., 	does 	the 	custodial 	supervisor
merely 	receive 	and 	transmit 	vacation 	data, 	or 	does 	he 	have
authority 	to 	resolve 	conflicts 	to 	assure 	the 	necessary 	complement
of 	employees 	on 	the 	job. 	Based 	on 	the 	scant 	record, 	it 	cannot
be 	found 	that 	the 	custodial 	supervisor 	possesses 	any 	of 	the
specifically 	enumerated 	duties 	of 	Section 	3540.l(m). 	The
custodial 	supervisor 	is 	not 	a 	supervisory 	employee.
Assistknt 	Custodial 	Supervisor
The 	District 	would 	exclude 	the 	assistant 	custodial
supervisor 	as 	supervisory. 	The 	employee 	organizations 	would
include 	this 	position 	in 	the 	unit.
The 	assistant 	custodial 	supervisor 	reports 	to 	the 	custodial
supervisor 	and 	substitutes 	for 	him 	in 	his 	absence. 	The 	assistant
custodial 	supervisor 	assists 	the 	custodial 	supervisor 	in
coordinating 	and 	supervising 	the 	work 	of 	the 	custodial 	staff,
works 	with 	other 	custodians 	or 	replaces 	absent 	custodians 	.
No 	rooms 	are 	assigned 	to 	him. 	responsible for distributin distributing
and 	occasionally 	ordering 	supplies 	and 	instructing 	other
custodians 	on new methods. 	The 	assistant 	custodial 	supervisor
works 	nights. 	If 	a 	member 	of 	the 	night 	crew 	had 	a 	grievance,
the 	assistant 	custodial 	supervisor would 	make 	a 	notation 	on 	it
He 	is 	responsible 	for
-22-

and present it to the supervisor. He presented a written
notification of warning to an employee who was accused of an
impropriety on the job on at least one occasion. The record
does not reflect whether he merely delivered the notification
or had prepared the notification.
Again, the scant record does not support a finding that the
assistant custodial supervisor is responsible for any of the
specifically enumerated functions of Section 3540. 1(m). The
assistant custodial supervisor is not a supervisory employee.
Campus Police Security Supervisor
The District would exclude the campus police security
supervisor as supervisory. The employee organizations would
include this position in the unit.
The campus police security supervisor is responsible "to
supervise and personally participate in the enforcement of
traffic and parking regulations, to enforce rules and
regulations.. ., to investigate accidents and report thefts;
to supervise other security officers, " according to his job
description. Testimony reflects that this classification patrols
the campus, writes up reports, meets with the supervisor of
plant operations and maintenance, directs the staff and sees
that patrol vehicles are serviced. He draws up duty assign-
ments and is involved in interviews for campus security
positions. 	The record does not indicate whether he effectively
recommends hiring. The duty assignments are presented to the
supervisor of plant operations and maintenance for approval.
-23-
and 	present 	it 	to 	the 	supervisor. 	He 	presented 	a 	written
notification 	of warning 	to 	an 	employee 	who 	was 	accused 	of 	an
impropriety 	on 	the 	job 	on 	at 	least 	one 	occasion. 	The 	record
does 	not 	reflect 	whether 	he 	merely 	delivered 	the 	notification
or 	had 	prepared 	the 	notification.
Again, 	the 	scant 	record 	does 	not 	support 	a 	finding 	that 	the
assistant 	custodial 	supervisor 	is 	responsible 	for 	any 	of 	the
specifically 	enumerated 	functions 	of 	Section 	3540.l(m). 	The
assistant 	custodial 	supervisor 	is 	not 	a 	supervisory 	employee.
Campus 	Police 	Security Supervisor
The 	District would 	exclude 	the 	campus 	police 	security
supervisor 	as 	supervisory. 	The 	employee 	organizations 	would
include 	this 	position 	in 	the 	unit.
The 	campus 	police 	security 	supervisor 	is 	responsible 	"to
supervise 	and 	personally 	participate 	in 	the 	enforcement 	of
traffic 	and 	parking 	regulations, 	to 	enforce 	rules 	and
regulations .•. , 	to 	investigate 	accidents 	and 	report 	thefts;
to 	supervise 	other 	security 	officers," 	according 	to 	his 	job
description. 	Testimony 	reflects 	that 	this 	class{fication 	patrols
the 	campus, 	writes 	up 	reports, 	meets 	with 	the 	supervisor 	of
plant 	operations 	and maintenance, 	directs 	the 	staff 	and 	sees
that 	patrol 	vehicles 	are 	serviced. 	He 	draws 	up 	duty 	assign-
ments 	and 	is 	involved 	in 	interviews 	for 	campus 	security
positions. 	The 	record 	does 	not 	indicate 	whether 	he 	effectively
recommends 	hiring. 	The 	duty 	assignments 	are 	presented 	to 	the
supervisor 	of 	plant 	operations 	and 	maintenance 	for 	approval.
-23-

The record does not reflect whether the approval is cursory or
involves reconsideration and changes in his scheduling.
Again, the record relies heavily on the job description and
does not support a finding that the campus police security super-
visor performs any of the specifically enumerated tasks in
Section 3540.1(m). The campus police security supervisor is
not a supervisory employee.
PROPOSED DECISION
It is the proposed decision that:
1. The public information officer, planning associate/
construction coordinator , a facilities coordinator and
purchasing agent are not management employees as defined by
Section 3540.1(g) .
2. The secretary I-superintendent and secretary IV's-
college presidents are confidential employees within the meaning
of Section 3540.1(c).
3. The secretary I's-personnel officer and secretary III-
business manager are not confidential employees within the
meaning of Section 3540.1(c).
4. The supervisor of gardeners/ groundskeepers is a
supervisory employee within the meaning of Section 3540.1(m).
5. The maintenance supervisor-College of Marin, custodial
supervisor, assistant custodial supervisor and campus police
security supervisor are not supervisory employees within the
meaning of Section 3540.1(m) .
The following units are appropriate for the purpose of
meeting and negotiating, provided an employee organization
becomes the exclusive representative of the unit:
-24-
The 	record 	does 	not 	reflect 	v:hether 	the 	approval 	is 	cursory 	or
involv~s 	reconsideration 	and 	changes· 	in 	his 	scheduling.
Again, 	the 	record 	relies 	heavily 	on 	the 	job 	description 	and
does 	not 	support 	a 	finding 	that 	the 	campus 	police 	security 	super-
visor 	performs 	any 	of 	the 	specifically 	enumerated 	tasks 	in
Section 	3540.l(m). 	The 	campus 	police 	security 	supervisor 	is
not 	a 	supervisory 	employee .
. PROPOSED DECISION
It 	is 	the 	proposed 	decision 	that:
1. 	The 	public 	information 	officer, 	planning 	associate/
construction 	coordinator, 	a 	facilities 	coordinator 	and
purchasing 	agent 	are 	not 	management 	employees 	as 	defined 	by
Section 	3540.l(g).
2. 	The 	secretary 	I-superintendent 	and 	secretary 	IV's-
college 	presidents 	are 	confidential 	employees 	within 	the 	meaning
of 	Section 	3540.l(c).
3. 	The 	secretary 	I's-personnel 	officer 	and 	secretary 	III-
business 	manager 	are 	not 	confidential 	employees 	within 	the
meanin3 	of 	Section 	3540.l(c).
l~. 	The 	supervisor 	of 	gardeners/eroundskeepers 	is 	a
supervisory 	employee 	within 	the 	meaning 	of 	Section 	3540.l(m).
5. 	The 	maintenance 	supervisor-Colle~e 	of 	Marin, 	custodial
supervisor, 	assistant 	custodial 	supervisor 	and 	campus 	police
security 	supervisor 	are 	not 	supervisor:1 	eT".I)loyees 	within 	the
meaning 	of 	Section 	3540.l(m).
The 	following 	units 	are 	appropriate 	for 	the 	purpose 	of
meeting 	and 	negotiating, 	provided 	an 	employee 	organization
becomes 	the 	exclusive 	representative 	of 	the 	unit:
-24-

Unit A - "skilled trades and operations unit" including
campus police and security supervisor, campus police officer,
parking control officer, watchman, receiving clerk, custodial
supervisor, assistant custodial supervisor, custodian, matron,
gardener/groundskeeper, athletic equipment manager/trainer, pool
maintenance man, maintenance supervisor-College of Marin, mainte-
nance carpenter, maintenance electrician, maintenance heating
and air conditioning mechanic, maintenance plumber, maintenance
painter, maintenance mechanic, and maintenance man; excluding all
other employees, including management, supervisory and
confidential.
including all classified employees not included in
supervisory and confidential employees.
The parties have seven calendar days from receipt of this
proposed decision in which to file exceptions in accordance with
files timely exceptions, this proposed decision will be a final
order on July 8, 1977, and a Notice of Decision will issue
from the Board.
Within ten workdays after the employer posts the Notice of
Decision, the employee organization shall demonstrate to the
Regional Director at least 30 percent support in the above unit.
The Regional Director shall conduct an election at the end of
the posting period if the employee organization qualifies for
the ballot and the employer does not grant voluntary recognition.
Dated: June 24, 1977
Sharrel J. Wyatt
Hearing Officer
-25-
\>
Unit 	A - 	"skilled 	trades 	an~ .opera~~-?~-~ :1nit" 	including
campus 	police 	and 	security 	supervisor,. 	camp~s 	PC?lice 	officer,
parking 	control 	officer, 	watchman, 	receiving 	clerk, 	custodial
supervisor, 	assistant 	custodial 	supervisor, 	custodian, 	matron,
-gar_dener} groundsk~ep_~r, 	at:};!~etic 	equip~ent 	manager/ traip.~r, 	P?Ol
maintenanc_e 	m~n,_ ma~te~ance 	supervisor-College 	of 	Marin, 	mainte-
nance . carpenter_, _ maintenance 	electrician, 	mai1:1tenance _h~ating
and 	air 	conditioning mechanic, 	maintenance 	plumber, 	maintenance
painter, 	maintenance 	mechanic, 	and maintenance 	man; 	excluding 	all
other 	employees, includi ng management, 	supervisory 	and
confidential.
_
Unit 	B	Unit B - - 	including 	all 	classifies!___E:_mployees 	not 	included 	in
Unit A; excluding all employees included in Unit A, and management,	U 	manarement,
supervisory 	and 	confidential 	employees.
nit 	A; 	excluding 	all 	employees 	include _d 	in 	Unit 	A, 	and
The 	parties 	have 	seven 	calendar 	days 	from 	receipt 	of 	this
proposed 	decision 	in which 	to 	file 	exceptions 	in 	accordance 	with
Section 33380 of the Board's Rules and Regulations. If no party 	If 	no 	party
files 	timely 	exceptions, 	this 	proposed 	decision will 	be 	a 	final
order 	on · July 	8, 	.- 1977, 	and 	a 	Notice 	of 	Decision will 	issue
from 	the 	Board .
Section 33380 	of 	the . Board's 	Rules 	and 	Regulations.
Within 	ten workdays 	after 	the 	employer 	posts 	the 	Notice 	of
Decision, 	the 	employee 	organization 	shall 	demonstrate 	to 	the
Regional 	Director 	at 	least 	30 	percent 	support 	in 	the 	above 	unit.
The 	Regional 	Director 	shall 	conduct 	an 	election 	at 	the 	end . of
the 	posting 	period 	if 	the 	e~ployee 	organization 	qualifies 	for
the 	ballot 	and 	the 	employer 	does 	not 	grant 	voluntary 	recognition.
D~ted: 	June 	24, 	1977
- 25-
,,.. Sharrel 	J. 	Wyatf
Hearing 	Officer