Sacramento County Office of Education * * * VACATED by Order of the Board dated July 10, 1979 (PERB 0095E)

VACATED by Order of the Board dated July 10, 1979
STATE
	OF
	CALIFORNIA
DECISION
	OF
	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
SACRAMENTO
	COUNTY
	OFFICE
	OF
	EDUCATION,
Employer,
and
ASSOCIATION
	OF
	CLASSIFIED
	EMPLOYEES,
Employee
	Organization,
and
SERVICE
	EMPLOYEES
	INTERNATIONAL
UNION,
	LOCAL
	NO.
	22,
	AFL-CIO,.
Employee
	Organization,
and
CALIFORt~IA
	SCHOOL
	EMPLOYEES
	ASSOCIATION,
and
	its
	SACRA:.'1ENTO
	OFFICE
	OF
	EDUCATION,CHAPTER
	480,
Employee
	Organization.
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_____________________ )
Case 	No.
	S-R-481
ORDER
	VACATING
PERB
	DECISION
	NO.
	95
July
	10, 	1979
The 	employee
	organizations' 	petitions
	for 	recognition, 	the
employer's 	response 	to 	the
	petitions,
	and
	Service
	Employees
International
	Union,
	Local
	No. 	22, 	AFL-CIO's
	statement 	of 	exceptions
having 	been withdrawn, 	and
	the
	Board
	being 	in
	accord 	with
	the
	with-
drawal,
	PERB
	Decision
	No. 	95
	is
	hereby
	vacated.
This 	order 	vacating 	the 	decision 	in 	this
	case 	should
	not
	be
interpreted
	to
	mean
	that
	the
	Board has 	found
	or
	would
	find 	the
units 	described 	in 	the
	stipulations
	agreed 	to
	among
	the
	parties
	to
be
	appropriate 	units 	in
	a
	disputed 	case.
Public
	Employment
	Relations 	Board
by
J.
	STEPHEN 	BARBER
Executive 	Assistant 	to 	the 	Board
STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
SACRAMENTO COUNTY OFFICE OF EDUCATION,
Employer,
and
ASSOCIATION OF CLASSIFIED EMPLOYEES, 	Case No. S-R-481
Employee Organization,
and
SERVICE EMPLOYEES INTERNATIONAL 	ORDER VACATING
UNION, LOCAL NO. 22, AFL-CIO, 	PERB DECISION NO. 95
Employee Organization,
and
CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION, July 10, 1979
and its SACRAMENTO OFFICE OF EDUCATION,
CHAPTER 480,
Employee Organization.
The employee organizations' petitions for recognition, the
employer's response to the petitions, and Service Employees
International Union, Local No. 22, AFL-CIO's statement of exceptions
having been withdrawn, and the Board being in accord with the with-
drawal, PERB Decision No. 95 is hereby vacated.
This order vacating the decision in this case should not be
interpreted to mean that the Board has found or would find the
units described in the stipulations agreed to among the parties to
be appropriate units in a disputed case.
Public Employment Relations Board
by
J. STEPHEN BARBER
Executive Assistant to the Board

VACATED by Order of the Board dated July 10, 1979
STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
SACRAMENTO COUNTY 	OFFICE 	OF 	EDUCATION,
Employer,
and
ASSOCIATION 	OF 	CLASSIFIED 	EMPLOYEES,
Employee 	Organization,
and
SERVICE 	EMPLOYEES 	INTERNATIONAL
UNION, 	LOCAL 	NO. 	22, 	AFL-CIO,
Employee 	Organization,
and
CALIFORNIA 	SCHOOL 	EMPLOYEES 	ASSOCIATION,
and 	its 	SACRAMENTO OFFICE 	OF 	EDUCATION
CHAPTER 	480,
Employee 	Organization.
Case 	No. S-R-481
PERB 	Decision No. 	95
July 	6, 	1979
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_____________________ )
Appearances: 	Robert 	A. 	Galgani, 	.Attorney 	(Galgani, 	Breon 	and
Godino) 	for 	Sacramento 	County 	Office 	of 	Education; 	Lisa Walsh
for 	Association 	of 	Classified 	Employees; 	Wilma 	K. 	Rader,
Attorney 	(Van 	Bourg, 	Allen, 	Weinberg 	and 	Roger) 	for 	Service
Employees 	International 	Union, 	Local 	No. 	22, 	AFL-CIO; 	Vince
Varnas 	for 	California 	School 	Employees 	Association 	and 	its
Sacramento Office 	of 	Education 	Chapter 	480.
Before 	Gluck 	Chairperson; 	Gonzales 	and 	Moore, 	Members.
DECISION
This 	matter 	is 	before 	the 	Public 	Employment 	Relations 	Board
(hereafter 	Board) 	on 	exceptions 	filed 	by 	Service 	Employees
International 	Union 	Local 	No. 	22, 	AFL-CIO 	(hereafter 	SEIU) 	to
the 	hearing 	officer's 	decision 	in 	a 	representation 	case
involving 	the 	Sacramento 	County 	Office 	of 	Education. 	The
STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
SACRAMENTO COUNTY OFFICE OF EDUCATION,
Employer,
and
ASSOCIATION OF CLASSIFIED EMPLOYEES,
Employee Organization,
Case No. S-R-481
PERB Decision No. 95
and 	July 6, 1979
SERVICE EMPLOYEES INTERNATIONAL
UNION, LOCAL NO. 22, AFL-CIO,
Employee Organization,
and
CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION,
and its SACRAMENTO OFFICE OF EDUCATION
CHAPTER 480,
Employee Organization.
Appearances: Robert A. Galgani, Attorney (Galgani, Breon and
Godino) for Sacramento County Office of Education; Lisa Walsh
for Association of Classified Employees; Wilma K. Rader,
Attorney (Van Bourg, Allen, Weinberg and Roger) for Service
Employees International Union, Local No. 22, AFL-CIO; Vince
Varnas for California School Employees Association and its
Sacramento Office of Education Chapter 480.
Before Gluck Chairperson; Gonzales and Moore, Members.
DECISION
This matter is before the Public Employment Relations Board
(hereafter Board) on exceptions filed by Service Employees
International Union Local No. 22, AFL-CIO (hereafter SEIU) to
the hearing officer's decision in a representation case
involving the Sacramento County Office of Education. 	The

exceptions 	are, 	in 	summary, 	directed 	to 	the 	hearing 	officer's
findings 	that 	a 	comprehensive 	unit 	of 	classified 	employees 	is
appropriate, 	and 	that 	a 	separate 	unit 	for 	data 	processing
employees 	is 	not 	appropriate. 	For 	purposes 	of 	this 	Decision,
the 	Board 	adopts 	the 	hearing 	officer's 	"Procedural 	History".
The 	Board 	has 	considered 	the 	record 	and 	the 	attached 	proposed
decision 	in 	light 	of 	SEIU's 	exceptions.
The 	Board 	is 	in 	substantial 	agreement 	with 	the 	hearing
officer's 	findings 	of 	fact 	and 	conclusions 	of 	law, 	insofar 	as
they 	support 	the 	hearing 	officer's 	conclusion 	that 	a 	separate
unit 	of 	data 	processing 	employees 	is 	not 	an 	appropriate 	unit
within 	the meaning 	of 	the 	Educational 	Employment 	Relations
Actl 	(hereafter 	EERA). 	The 	Board 	is 	also 	in 	substantial
agreement 	with 	the 	hearing 	officer's 	finding 	of 	fact 	and
conclusions 	of 	law, 	insofar 	as 	they 	support 	the 	hearing
officer's 	holdings 	that 	the 	accountant, 	cook manager, 	keypunch
supervisor 	and 	operations 	supervisor 	and 	programmer 	are
supervisory 	personnel, 	and 	that 	the 	media 	technical 	assistant
is 	a 	nonsupervisory 	employee 	within 	the 	meaning 	of 	EERA.
However, 	after 	a 	review 	of 	the 	record 	as 	a 	whole, 	the 	Board
determines 	that 	it 	lacks 	sufficient 	information 	to 	support 	a
finding 	as 	to 	what 	is 	the 	appropriate 	unit 	in 	this 	case. 	The
issues 	of 	community 	of 	interest 	and 	appropriate 	unit 	developed
in 	the 	record 	thus 	far 	were 	limited 	solely 	to 	the 	dispute 	as 	to
whether 	or 	not 	a 	separate 	data 	processing 	unit 	is 	appropriate.
lThe 	Educational 	Employment 	Relations 	Act 	is 	codified 	at
Government 	Code 	section 	3540 	et 	seq.
2
exceptions are, in summary, directed to the hearing officer's
findings that a comprehensive unit of classified employees is
appropriate, and that a separate unit for data processing
employees is not appropriate. For purposes of this Decision,
the Board adopts the hearing officer's "Procedural History".
The Board has considered the record and the attached proposed
decision in light of SEIU's exceptions.
The Board is in substantial agreement with the hearing
officer's findings of fact and conclusions of law, insofar as
they support the hearing officer's conclusion that a separate
unit of data processing employees is not an appropriate unit
within the meaning of the Educational Employment Relations
Act! (hereafter EERA) . The Board is also in substantial
agreement with the hearing officer's finding of fact and
conclusions of law, insofar as they support the hearing
officer's holdings that the accountant, cook manager, keypunch
supervisor and operations supervisor and programmer are
supervisory personnel, and that the media technical assistant
is a nonsupervisory employee within the meaning of EERA.
However, after a review of the record as a whole, the Board
determines that it lacks sufficient information to support a
finding as to what is the appropriate unit in this case. 	The
issues of community of interest and appropriate unit developed
in the record thus far were limited solely to the dispute as to
whether or not a separate data processing unit is appropriate.
1The Educational Employment Relations Act is codified at
Government Code section 3540 et seq.
2

The 	hearing 	officer 	apparently 	assumed 	that 	the 	unit 	was
largely 	composed 	of 	office 	clerical 	employees, 	without
investigating 	the 	nature 	and 	duties 	of 	other 	employees 	in 	the
unit. 	While 	we 	are 	not 	so 	determining, 	it 	appears 	from 	the
record 	that 	a 	substantial 	number 	of 	aides 	are 	among 	the
employees 	in 	the 	proposed 	comprehensive 	unit. 	Before 	a 	unit
determination 	can 	be 	made, 	the 	Board 	must 	have 	additional
evidence 2 	as 	to 	the 	number 	and 	duties 	of 	persons 	who 	are 	in
aide 	and 	operational 	support 	classifications, 	and 	evidence
relating 	to 	community 	of 	interest, 	past 	practice 	and 	efficiency
of 	operation 	regarding 	employees 	within 	the 	petitioned-for 	unit.
2The 	Board 	requested 	additional 	information 	from 	the
parties 	pursuant 	to 	its 	administrative 	authority 	under
Government 	Code 	section 	3544.7(a). 	The 	information 	received 	by
the 	Board 	was 	subsequently 	deemed 	insufficient 	to 	clarify 	the
record. 	The 	Board 	thus 	determined 	to 	disregard 	all 	additional
information 	received, 	and 	to 	remand 	the 	case 	in 	lieu 	thereof.
Government 	Code 	section 	3544.7(a) 	states 	in 	pertinent 	part:
Upon 	receipt 	of 	a 	petition 	filed 	pursuant 	to
Section 	3544.3 	or 	3544.5, 	the 	board 	shall
conduct 	such 	inquiries 	and 	investigations 	or
hold 	such 	hearings 	as 	it 	shall 	deem
necessary 	in 	order 	to 	decide 	the 	questions
raised 	by 	the 	petition. 	The 	determination
of 	that 	board may 	be 	based 	upon 	the 	evidence
adduced 	in 	the 	inquiries, 	investigations, 	or
hearing; 	.•.
3
The hearing officer apparently assumed that the unit was
largely composed of office clerical employees, without
investigating the nature and duties of other employees in the
unit. While we are not so determining, it appears from the
record that a substantial number of aides are among the
employees in the proposed comprehensive unit. Before a unit
determination can be made, the Board must have additional
evidence as to the number and duties of persons who are in
aide and operational support classifications, and evidence
relating to community of interest, past practice and efficiency
of operation regarding employees within the petitioned-for unit.
2The Board requested additional information from the
parties pursuant to its administrative authority under
Government Code section 3544.7 (a) . The information received by
the Board was subsequently deemed insufficient to clarify the
record. The Board thus determined to disregard all additional
information received, and to remand the case in lieu thereof.
Government Code section 3544.7(a) states in pertinent part:
Upon receipt of a petition filed pursuant to
Section 3544.3 or 3544.5, the board shall
conduct such inquiries and investigations or
hold such hearings as it shall deem
necessary in order to decide the questions
raised by the petition. The determination
of that board may be based upon the evidence
adduced in the inquiries, investigations, or
hearing ; .
W

ORDER
Upon 	the 	foregoing 	findings 	of 	fact, 	conclusions 	of 	law 	and
the 	entire 	record 	of 	this 	case, 	the 	Public 	Employment 	Relations
Board 	hereby 	ORDERS:
1. 	That 	the 	petition 	of 	Service 	Employees 	International
Union, 	Local 	22, 	AFL-CIO, 	for 	a 	separate 	data 	processing 	unit
is 	hereby 	dismissed.
2. 	That 	the 	accountant, 	cook 	manager, 	keypunch 	supervisor
and 	operations 	supervisor 	and 	programmer 	are 	supervisory
employees 	within 	the 	meaning 	of 	section 	3540.l(m) 	of 	the 	EERA,
and 	that 	the 	media 	technical 	assistant 	is 	a 	nonsupervisory
employee.
3. 	That 	this 	matter 	is 	remanded 	to 	the 	general 	counsel's
office 	for 	an 	expedited 	hearing 	on 	issues 	related 	to 	the
appropriateness 	of 	a 	comprehensive 	unit 	of 	classified
employees. 	In 	the 	interests 	of 	time, 	no 	post-hearing 	briefs
shall 	be 	accepted 	by 	the 	hearing 	officer 	and 	the 	parties 	are
directed 	to 	make 	any 	legal 	argument 	orally, 	and 	on 	the 	record
at 	the 	hearing. 	The 	record 	should 	thereafter 	be 	transmitted
forthwith 	to 	the 	Board 	itself, 	for 	a 	final 	determination 	on
this 	matter.
--
By : 	Harry Gluck, Chairperson 	aymond J. Gonzales, Member
Barbara 	Moore, 	Member
4
ORDER
Upon the foregoing findings of fact, conclusions of law and
the entire record of this case, the Public Employment Relations
Board hereby ORDERS:
1 . 	That the petition of Service Employees International
Union, Local 22, AFL-CIO, for a separate data processing unit
is hereby dismissed.
2. That the accountant, cook manager, keypunch supervisor
and operations supervisor and programmer are supervisory
employees within the meaning of section 3540.1 (m) of the EERA,
and that the media technical assistant is a nonsupervisory
employee.
3. That this matter is remanded to the general counsel's
office for an expedited hearing on issues related to the
appropriateness of a comprehensive unit of classified
employees. 	In the interests of time, no post-hearing briefs
shall be accepted by the hearing officer and the parties are
directed to make any legal argument orally, and on the record
at the hearing. 	The record should thereafter be transmitted
forthwith to the Board itself, for a final determination on
this matter.
R
Barbara Moore, Member

EDUCATIONAL 	EMPLOYMENT 	RELATIONS 	BOARD
OF 	THE 	STATE 	OF 	CALIFORNIA
SACRAMENTO 	COUNTY 	OFFICE 	OF 	EDUCATION,
Employer,
and
ASSOCIATION 	OF 	CLASSIFIED 	EMPLOYEES,
Employee 	Organization,
and
SERVICE 	EMPLOYEES 	INTERNATIONAL 	UNION,
LOCAL NO. 	22, 	AFL-CIO,
Employee 	Organization,
and
CALIFORNIA 	SCHOOL EMPLOYEES 	ASSOCIATION,
SACRAMENTO 	OFFICE 	OF 	EDUCATION 	CHAPTER 	480,
Employee 	Organization.
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_______________________ )
Representation
Case 	No. 	S-R-481
PROPOSED 	DECISION
( 11/17 /77)
Appearances: 	Robert 	A. 	Galgani, 	Attorney 	(Galgani, 	Breon 	and
Godino) 	for 	Sacramento 	County 	Office 	of 	Education; 	Lisa 	Walsh,
for 	Association 	of 	Classified 	Employees; 	Wilma 	R.K. 	Rader,
Attorney 	(Van 	Bourg, 	Allen, 	Weinberg 	and 	Roger) 	for 	Service
Employees 	International 	Union, 	Local 	#22, 	AFL-CIO; 	Vince 	Varnas,
for 	California 	School 	Employees 	Association 	and 	its 	Sacramento
Office 	of 	Education 	Chapter 	480.
Proposed 	decision 	by 	Ronald 	E. 	Blubaugh, 	Hearing 	Officer.
PROCEDURAL 	HISTORY
This 	representation 	case 	involves 	disputes 	about
the 	appropriateness 	of 	the 	negotiating 	unit 	in 	a 	county 	office
of 	education 	and 	the 	status 	of 	certain 	employees 	whom 	the
-1-
EDUCATIONAL EMPLOYMENT RELATIONS BOARD
OF THE STATE OF CALIFORNIA
SACRAMENTO COUNTY OFFICE OF EDUCATION,
Employer, 	Representation
Case No. S-R-481and
ASSOCIATION OF CLASSIFIED EMPLOYEES,
Employee Organization,
and 	PROPOSED DECISION
(11/17/77)SERVICE EMPLOYEES INTERNATIONAL UNION,
LOCAL NO. 22, AFL-CIO,
Employee Organization,
and
CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION,
SACRAMENTO OFFICE OF EDUCATION CHAPTER 480,
Employee Organization.
Appearances: Robert A. Galgani, Attorney (Galgani, Breon and
Godino) for Sacramento County Office of Education; Lisa Walsh,
for Association of Classified Employees; Wilma R. K. Rader,
Attorney (Van Bourg, Allen, Weinberg and Roger) for Service
Employees International Union, Local #22, AFL-CIO; Vince Varnas,
for California School Employees Association and its Sacramento
Office of Education Chapter 480.
Proposed decision by Ronald E. Blubaugh, Hearing Officer.
PROCEDURAL HISTORY
This representation case involves disputes about
the appropriateness of the negotiating unit in a county office
of education and the status of certain employees whom the
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employer
	believes 	to
	be
	supervisors.
The
	unit
	question
	was
	placed
	in 	issue	
by	
a
	series
	of
competing
	petitions
	and
	the
	employer
	decision.
On
	May
	7, 	1976,
	the
	California
	School
	Employees
Association,
	Sacramento
	Office
	of
	Education 	Chapter
	480,
1
filed
	a
	~equest 	with
	the
	Sacramento
	County
	Office 	of
Education
2
asking
	to
	be
	recognized
	as
	the
	exclusive	
repre-
sentative	
of
	all
	the
	County
	Office's 	classified
	employees.
3
The
	employer
	posted
	a
	notice
	of 	the 	request
	on
	the
	same
	day.
1The
	California
	School
	Employees
	Association,
	Sacramento
Office 	of
	Education 	Chapter
	480,
	will 	hereafter
	be
.referredto
	as
	"CSEA." 	'
2The
	Sacramento 	County"Office 	of 	Education
	will 	hereafter
	be
referred 	to
	as 	the
	"County
	Office."
3
rn
	its
	petition
	CSEA
	described 	the
	unit
	as
	containing
approximately
	160
	classified
	employees
	who
	occupy
	the
following
	positions: 	general
	utility,
	multilith
	operator,
typist 	clerk
	II
	(CETA),
	personnel
	secretary 	technician,
account
	clerk 	III/buyer, 	credentials 	technician,
	typist
clerk
	II,
	typist 	clerk
	II
	(CETA)
	[sic], 	assistant 	credentials
technician, 	clerk
	II,
	clerk
	I,
	AV
	lead 	technician,
	cook
manager, 	programmer
	analyst,
	programmer
	trainee
	(CETA),
steno
	clerk
	II,
	research 	analyst,
	computer
	operator
	trainee
(CETA), 	keypunch
	operator, 	supervisor
	systems 	and
	programs,
testing 	technician,
	EDP
	supervisor
	and programmer,
	school
secretary, 	teacher 	aide,
	job 	placement 	manager,
	vocational
management
	analyst, 	personnel
	clerk, 	receptionist/clerk, 	milti-
lith	
operator 	trainee
	(CETA),
	accountant, 	account
	clerk
	II,
account
	clerk
	III,
	secretary
	II,
	account
	clerk 	II [sic], 	assistant
accountant, 	truck 	driver, 	clerk
	I 	(CETA), 	cook,
	janitor
	II,
control 	clerk
	(CETA), 	keypunch
	operator
	(CETA),
	data 	control
analyst, 	shipping
	and 	forms
	processor, 	research 	associate,
keypunch
	operator 	supervisor, 	testing 	specialist,
	computer
operator, 	clerk 	III, 	secretary 	attendance 	accounting,	
instruc-
tional 	aide, 	career 	information 	services 	specialist.
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employer believes to be supervisors.
The unit question was placed in issue by a series of
competing petitions and the employer decision.
On May 7, 1976, the California School Employees
Association, Sacramento Office of Education Chapter 480,
filed a request with the Sacramento County Office of
Education asking to be recognized as the exclusive repre-
sentative of all the County Office's classified employees.
The employer posted a notice of the request on the same day.
The California School Employees Association, Sacramento
Office of Education Chapter 480, will hereafter be referred
to as "CSEA. "
The Sacramento County Office of Education will hereafter be
referred to as the "County Office."
In its petition CSEA described the unit as containing
approximately 160 classified employees who occupy the
following positions: general utility, multilith operator,
typist clerk II (CETA), personnel secretary technician,
account clerk III/buyer, credentials technician, typist
clerk II, typist clerk II (CETA) [sic], assistant credentials
technician, clerk II, clerk I, AV lead technician, cook
manager, programmer analyst, programmer trainee (CETA) ,
steno clerk II, research analyst, computer operator trainee
(CETA), keypunch operator, supervisor systems and programs,
testing technician, EDP supervisor and programmer, school
secretary, teacher aide, job placement manager, vocational
management analyst, personnel clerk, receptionist/clerk, milti-
lith operator trainee (CETA), accountant, account clerk II,
account clerk III, secretary II, account clerk II [sic], assistant
accountant, truck driver, clerk I (CETA), cook, janitor II,
control clerk (CETA) , keypunch operator (CETA), data control
analyst, shipping and forms processor, research associate,
keypunch operator supervisor, testing specialist, computer
operator, clerk III, secretary attendance accounting, instruc-
tional aide, career information services specialist.
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Service
	1, 	the	
On
	June
	1976,
	interventions
	were
	filed	
by
Employees
	International	
Union,
	Local
	No.
	22,
	AFL-CI0, 4
and
the 	Association
	of 	Classified
	Employees.
5 	SEIU	
sought
in
recognition
	as
	the
	exclusive 	representative
	of	
employees
a 	"Data
	Processi·ng
Uni·t."
6
ACE
,	
l"k	
J.	
e
	CSEA
,	
reques
t e d a
comprehensive
	unit
	of
	classified
	employees.
7
4The
	Service
	Employees
	International
	Union,
	Local
	No.
	22,
AFL-CIO
	will 	hereafter
	be
	referred
	to
	as
	"SEIU."
5	
hereafter
	Association
	will
	The
	of
	Classified
	Employees
	be
referred 	to
	as
	"ACE."
6
In
	its
	petition,
	SEIU
	described 	the 	data 	processing
	unit
	as
containing
	approximately
	25
	employees
	who
	occupy
	the 	following
positions:
	programmer
	I
	and
	II,
	computer•oper~tor,
	programmer
analyst
	I
	and
	II,
	computer
	operator
	(CETA),
	programmer
trainee
	(CETA),
data 	processing
	trainee
	(CETA),
	shipping
	and
forms
	processor,
	key 	punch
	operator,
	key 	punch
	operator
	(CETA),
testing 	specialist,
	EDP
	technician-data 	control 	analyst,
	key
punch
	supervisor,
	testing
	technician.
.
•
-3-
7
In
	its
	petition,
	ACE
	described 	the 	unit
	as 	containing 	approx-
imately	
177
	classified
	employees
	wBo
	occupy
	the 	following
positions: 	clerk
	I,
	clerk
	II,
	clerk
	III,
	clerk
	I 	(CETA),
clerk
	II
	(CETA),
	clerk
	III
	(CETA),
	typist 	clerk
	II,
	typist
account
clerk
	II
	(CETA),
	account
	clerk
	I,
	account
	clerk
	II,
clerk
	III,
	account
	clerk 	III/buyer,
	accountant,
	assistant
accountant, 	personnel
	clerk, 	receptionist/clerk,
	steno
	clerk 	I,
I,
	secretary
	II,
steno
	clerk
	II,
	steno
	clerk
	III,
	secretary
secretary
	III,
	executive
	secretary,
	school
	secretary, 	personnel
secretary 	technician, 	secretary 	attendance 	accounting,
credentials 	technician, 	assistant 	credentials 	technician,
career 	information 	services
	specialist,
	job 	placement 	manager,
(CETA), 	keypunch
	operator
	(CETA), 	programmer
	control 	clerk
trainee
	(CETA), 	computer
	operator 	trainee
	(CETA), 	programmer
analyst, 	research 	analyst,
	keypunch
	operator 	supervisor 	systems
technician,
	EDP
	supervisor
	and 	programmer,and programs,
	testing researchdata 	control 	analyst, 	shipping
	and 	forms
	processor,
associate,
	keypunch
	operator 	supervisor, 	testing 	specialist,
operator, 	instructional 	aide, 	teacher 	aide,
	AV
	lead
computer
technician, 	multilith 	supervisor, 	multilith 	operator, 	vocational
management
	analyst, 	general 	utility, 	janitor 	II, 	truck 	driver,
cook manager, 	cook, 	warehouse/storekeeper.
On June 1, 1976, interventions were filed by the Service
Employees International Union, Local No. 22, AFL-CIO, " and
SEIU soughtthe Association of Classified Employees.
recognition as the exclusive representative of employees in
"Data Processing Unit. " 	ACE, like CSEA, requested a
comprehensive unit of classified employees.
"The Service Employees International Union, Local No. 22,
AFL-CIO will hereafter be referred to as "SEIU."
The Association of Classified Employees will hereafter be
referred to as "ACE. "
In its petition, SEIU described the data processing unit as
containing approximately 25 employees who occupy the following
positions: programmer I and II, computer operator, programmer
analyst I and II, computer operator (CETA) , programmer
trainee (CETA), data processing trainee (CETA), shipping and
forms processor, key punch operator, key punch operator (CETA),
testing specialist, EDP technician-data control analyst, key
punch supervisor, testing technician.
In its petition, ACE described the unit as containing approx-
imately 177 classified employees who occupy the following
positions : 	clerk I, clerk II, clerk III, clerk I (CETA), typistclerk II (CETA), clerk III (CETA), typist clerk II,
clerk II (CETA), account clerk I, account clerk II, account
clerk III, account clerk III/buyer, accountant, assistant
accountant, personnel clerk, receptionist/clerk, steno clerk I,
steno clerk II, steno clerk III, secretary I, secretary II,
secretary III, executive secretary, school secretary, personnel
secretary technician, secretary attendance accounting,
credentials technician, assistant credentials technician,
career information services specialist, job placement manager,
control clerk (CETA) , keypunch operator (CETA) , programmer
trainee (CETA), computer operator trainee (CETA) , programmer
analyst, research analyst, keypunch operator supervisor systems
and programs, testing technician, EDP supervisor and programmer,
data control analyst, shipping and forms processor, research
associate, keypunch operator supervisor, testing specialist,
computer operator, instructional aide, teacher aide, AV lead
technician, multilith supervisor, multilith operator, vocational
management analyst, general utility, janitor II, truck driver,
cook manager, cook, warehouse/storekeeper.
-3-

In
	its 	initial
	decision
	of
	June
	10,
	1976,
	the
employer
	did
	not
	take
	a
	position
	about
	the
	unit
	question.
However, 	on
	September
	14,
	1976,
	the
	employer
	requested
	a
comprehensive
	unit
	of
	classified
	employees.
8
The
	employer
and
	two
	employee
	organizations
	thus
	seek
	a
	comprehensive
unit.
	SEIU
	seeks
	a
	separate 	unit
	for 	data 	processing
employees.
By
	stipulation,
	the
	parties
	appreciably
	narrowed
	the
other
	issues,
	agreeing 	to 	the 	exclusion 	of 	various
	employees.
Under
	the
	stipulation,
	persons
	occupying
	the
	following
	positions
were
	excluded
	from
	the
	unit
	as
	management:
	director
	of 	business
services,
	assistant 	director
	of 	business
	services,
	assistant
director
	of 	educational
	clata
	processing, 	consultant
	and	
consult-
ant 	research.
	Persons
	in 	the 	following
	positions
	were
	excluded
as 	being
	either
	management
	or 	supervisory: 	departmental
s~rvices
	officer
	and
	supervisor 	(of)
	systems
	and
	programs.
The
	administrative
	budget
	analyst
	was
	excluded 	as 	being
8
rn
	its 	letter
	of
	September 	14, 	1977,
	the
	County
	Office
described 	the 	unit
	it
	believes 	appropriate
	as
	containing
"all
	regular
	classified
	employees, 	whether
	full
	time
	or
part
	time"
	who
	occupy
	the 	following
	classifications: 	clerk 	I,
clerk
	II,
	account
	clerk
	II,
	typist 	clerk
	II, 	receptionist/
clerk,
	school
	secretary, 	secretary
	I,
	secretary/attendance
accounting,
	cook,
	kitchen 	helper,
	food
	service
	worker,
	ROP
job 	developer,
	keypunch
	operator,
	computer
	operator,
	computer
operator 	trainee,
	programmer
	analyst I,
programmer
	analyst
	II,
research 	analyst, 	testing 	technician, 	assistant 	credential
technician,
	bookkeeping machine
	operator, 	multilith 	operator,
mulilith 	trainee, 	instruetional 	aide, 	teacher 	aide,
	A/V
equipment 	repairman, 	general
	utility
	man,
	utility 	trainee,
maintenance
	man,
	janitor 	II,
	data 	control 	analyst, 	shipping
and 	forms 	processor, 	programmer
	I,
	programmer
	trainee, 	data
processing 	trainee, 	research 	advocate, 	truck 	driver,
	and
excluding 	various 	employees 	named 	as 	being maμagement,
supervisory 	or 	confidential.
-4-
In its initial decision of June 10, 1976, the
employer did not take a position about the unit question.
However, on September 14, 1976, the employer requested a
The employercomprehensive unit of classified employees.
and two employee organizations thus seek a comprehensive
unit. SEIU seeks a separate unit for data processing
employees.
By stipulation, the parties appreciably narrowed the
other issues, agreeing to the exclusion of various employees.
Under the stipulation, persons occupying the following positions
were excluded from the unit as management: director of business
services, assistant director of business services, assistant
director of educational data processing, consultant and consult-
ant research. 	Persons in the following positions were excluded
as being either management or supervisory: departmental
services officer and supervisor (of) systems and programs.
The administrative budget analyst was excluded as being
In its letter of September 14, 1977, the County Office
described the unit it believes appropriate as containing
"all regular classified employees, whether full time or
part time" who occupy the following classifications: clerk I,
clerk II, account clerk II, typist clerk II, receptionist/
clerk, school secretary, secretary I, secretary/attendance
accounting, cook, kitchen helper, food service worker, ROP
job developer, keypunch operator, computer operator, computer
operator trainee, programmer analyst I, programmer analyst II,
research analyst, testing technician, assistant credential
technician, bookkeeping machine operator, multilith operator,
mulilith trainee, instructional aide, teacher aide, A/V
equipment repairman, general utility man, utility trainee,
maintenance man, janitor II, data control analyst, shipping
and forms processor, programmer I, programmer trainee, data
processing trainee, research advocate, truck driver, and
excluding various employees named as being management,
supervisory or confidential.
-4-

management
	and/or 	supervisory.
	Persons
	in
	the 	following
classifications
	were
	excluded 	as
	being
	confidential:
executive
	secretary, 	secretary
	III,
	personnel
	secretary
technician,
	personnel
	clerk.
	The
	multilith
	supervisor ~as
excluded 	as
	being
	supervisory 	and/or
	confidential.
	Persons
in
	the
	following
	classifications
	were
	excluded 	as 	being
supervisory:
	cataloguer, 	cataloguer
	circulation
	controller,
supervising 	accountant,
	and
	job 	placement
	manager.
	The
hearing
	officer
	adopts
	these
	stipulations
	without
	inquiry.
The
	positions
	remaining
	in 	dispute
are:
	accountant,
	cook manager,
	key 	punch
	supervisor,
operations 	supervisor
	and 	programmer, 	and media
	technical
assistant.
	The
	employer
	contends 	each
	of 	these
	positions
should
	be
	excluded 	as 	being
	supervisory.
	CSEA
	contends
	the
positions 	are
	not
	supervisory
	and 	should
	therefore
	be
	included
within 	the
	unit.
A
hearing
	was
	conducted
	into
	these 	matters
	on
March 	25
	and
	April
	21,
	1977 	by
	EERB
	Hearing
	Officer
	Michael
Coder.
LE.GAL
	ISSUES
	PRESENTED
1)
	What
	is
	the 	appropriate 	unit 	for
	employees
of 	the
	Sacramento 	County
	Office 	of Education?
2)
	Should 	the 	position 	of 	accountant
	be
	excluded
as 	supervisory?
-5-
management and/or supervisory. Persons in the following
classifications were excluded as being confidential:
executive secretary, secretary III, personnel secretary
technician, personnel clerk. 	The multilith supervisor was
excluded as being supervisory and/or confidential. Persons
in the following classifications were excluded as being
supervisory : 	cataloguer, cataloguer circulation controller,
supervising accountant, and job placement manager. The
hearing officer adopts these stipulations without inquiry.
The positions remaining in dispute
are: 	accountant, cook manager, key punch supervisor,
operations supervisor and programmer, and media technical
assistant. 	The employer contends each of these positions
should be excluded as being supervisory. CSEA contends the
positions are not supervisory and should therefore be included
within the unit.
A hearing was conducted into these matters on
March 25 and April 21, 1977 by EERB Hearing Officer Michael
Coder.
LEGAL ISSUES PRESENTED
1) What is the appropriate unit for employees
of the Sacramento County Office of Education?
Should the position of accountant be excluded
as supervisory?
-5-

3)
	Should
	the
	position
	of
	cook manager 	be
excluded
	as
	supervisory?
4)
	Should
	the
	position 	of
	keypunch
	supervisor
be
	excluded 	as
	supervisory?
5)
	Should
	the
	position
	of 	operations 	supervisor
and 	programmer 	be
	excluded
	as·supervisory?
6)
	Should
	the
	position
	of
	media
	technical
assistant
	be
	excluded 	as
	supervisory?
THE
	APPROPRIATE 	UNIT
	---
	FINDINGS
	OF
	FACT
The
	Sacramento
	County
	Office 	of
	Education
	provides
educational
	and
	administrative 	assistance
	to
	local
	school
districts
	in
	Sacramento
	and
	surrounding
	counties.
	Through
the 	operation 	of
	a
	regional
	occup~tional
	center,
	a	
conserva-
tion	
education
	center,
	an
	instructional 	television
	activity
and
	certain 	special
	education
	programs,
	the
	County
	Office
also 	provides
	direct
	services 	to 	children.
A
number
	of 	these
	programs
	are 	self-supporting
in 	that
	the
	County
	Office 	receives
	a
	fee
	from
	the 	users
of 	the 	services
	which
	covers 	the 	cost 	of
	their
	operation.
The
	instructional 	television 	effort,
	which
	is
	operated
	by
	the
County
	Office 	under
	a
	contract 	with 	the 	Valley
	Instructional
Television 	Association, 	is 	self-supporting.
	The
	psychological
services
	program
	is 	self-supporting 	as
	is
	the 	special 	educa-
tion 	operation.
	The
	conservation 	education 	center 	at 	Sly 	Park,
El 	Dorado 	County,
	is 	financed 	though 	charges
	made
	to 	the 	local
-6-
3) Should the position of cook manager be
excluded as supervisory?
4 ) Should the position of keypunch supervisor
be excluded as supervisory?
5) Should the position of operations supervisor
and programmer be excluded as supervisory?
6) 	Should the position of media technical
assistant be excluded as supervisory?
THE APPROPRIATE UNIT --- FINDINGS OF FACT
The Sacramento County Office of Education provides
educational and administrative assistance to local school
districts in Sacramento and surrounding counties. 	Through
the operation of a regional occupational center, a conserva-
tion education center, an instructional television activity
and certain special education programs, the County Office
also provides direct services to children.
A number of these programs are self-supporting
in that the County Office receives a fee from the users
of the services which covers the cost of their operation.
The instructional television effort, which is operated by the
County Office under a contract with the Valley Instructional
Television Association, is self-supporting. 	The psychological
services program is self-supporting as is the special educa-
tion operation. The conservation education center at Sly Park,
El Dorado County, is financed though charges made to the local
-6-

districts
	which
	send
	children 	there.
	Library
	and
	audio-visual
services 	also
	are
	self-supporting.
The
	data 	processing
	employees,
	which
	the
	SEIU
	seeks
to
	represent 	in
	a
	separate
	unit,
	have
	been
	significantly
affected
	by
	events
	which
	occurred 	following
	the 	hearing.
Because
	the
	changes
	were
	anticipated,
	the 	record
	developed
at
	the 	hearing 	contains
	much
	information
	about
	the 	expected
effect
	of
	the
	changes.
Prior 	to 	July 	1,
	1977,
	the
	County
	Office
	data
processing
	section
	provided
	computer
	assistance
	to
	some 	50
school
	districts
	located 	in
	about
	19
	counties.
	The
	services
included
	preparation 	of 	the
	payroll
	and
	financial 	statements.
Services 	involving 	students
	included
	grade
	reporting,	
sched-
uling	
of
	classes,
	preparation 	of
	guidance
	reports
	and
	testing.
The
	County
	Office
	also
	performed 	custom-designed
	research
programs
	for
	individual
	districts
	or
	county
	education
	offices.
Under
	the 	provisions 	of
	legislation
	enacted
	in
1975,
9
various
	Sacramento 	County
	school
	districts
	have 	formed
an
	Independent 	Data-Processing 	Center.
10 The
	center
	is
governed
	by
	an
	independent 	board 	comprised
	of
	one	
represent-
ative	
from
	each
	participating 	local
	agency 	and 	one
	public
member. 11
Legislation 	enacted 	in
	1977
	provided
	that 	the
9
Education
	Code
	Section
	10550
	et
	se
	.
10
Hereafter, 	the 	Independent 	Data-Processing 	Center
	will
	be
referred 	to 	as 	the
	IDPC.
11
Education
	Code
	Section 	10551.
-7-
districts which send children there. Library and audio-visual
services also are self-supporting.
The data processing employees, which the SEIU seeks
to represent in a separate unit, have been significantly
affected by events which occurred following the hearing
Because the changes were anticipated, the record developed
at the hearing contains much information about the expected
effect of the changes.
Prior to July 1, 1977, the County Office data
processing section provided computer assistance to some 50
school districts located in about 19 counties. 	The services
included preparation of the payroll and financial statements.
Services involving students included grade reporting, sched-
uling of classes, preparation of guidance reports and testing.
The County Office also performed custom-designed research
programs for individual districts or county education offices.
Under the provisions of legislation enacted in
1975, 9 various Sacramento County school districts have formed
10	an Independent Data-Processing Center. 	The center is
governed by an independent board comprised of one represent-
ative from each participating local agency and one public
member . If 	Legislation enacted in 1977 provided that the
"Education Code Section 10550 et seq.
Hereafter, the Independent Data-Processing Center will be
referred to as the IDPC.
Education Code Section 10551.
-7-

IDPC
	is
	a
	separate
	employer 	under
	the
	Educational
	Employment
Relations
	Act
	(Act) 	and
	that
	employees
	of
	the
	IDPC
	are
	under
the
	provisions
	governing
	the
	employment
	of
	school
	classified
empl0yees.
12
Testimony
	presented 	at 	the 	hearing
	indicates
	that
the
	IDPC
	went
	into
	operation
	effective
	July
	1,
	1977.
13
The
	IDPC
	has
	its
	own
	central
	hardware
	and
	central
	staff.
The
	operation
	is
	physically
	housed
	in 	the
	Sacramento 	County
Office 	of
	Education
	building
	on
	a
	lease
	basis.
	However,
the
	only 	connection
	that
	the
	Sacramento
	County
	Office
	of
Education
	has
	with
	the 	operation 	of 	the
	center
	is
	through
its
	representative
	on
	the
	IDPC's
	governing 	board.
	The
	status
of
	IDPC
	employees
	is
	not
	the 	subject 	of
	this
	decision.
The
	IDPC
	performs
	computer
	operations 	for 	the
various
	participating
	agencies. 	All 	of 	the
	County
	Office's
computer
	operators
	and 	computer 	programmers 	were
	scheduled
to
	be
	transfered 	to 	the
	IDPC
	at
	the
	time
	of 	the 	July
	1
changeover.
	From
	a
	pre-changeover 	high 	of
	30
	employees,
the
	work
	force
	in 	the 	data 	processing 	section 	retained 	in
12
Statutes
	of
	1977, 	Chapter 	213,
	effective
	as 	an 	urgencymeasure
	on
	June 	30, 	1977.13The
	hearing
	was
	concluded
	in 	late
	April
	and
	plans 	for 	the
changeover 	to 	the
	IDPC
	were
	well 	developed 	and
	already 	ingradual 	implementation. 	There
	was
	testimony
	at 	the 	hearing
that 	the 	administrative
	change
	to 	the
	IDPC
	would
	occur
	on
July 	1,
	1977 	and
	the
	full 	operational
	change 	would
	take
place
	when 	a 	new
	computer 	was
	in 	complete 	working 	orderabout 	six
	weeks
	later.
	Because 	of 	the 	advanced
	state 	of
preparations 	for 	the 	changeover by 	the 	date 	of 	the 	hearing,
the 	hearing 	officer 	will 	decide 	this 	case 	in 	light 	of 	theevidence 	about 	the 	anticipated 	effects 	of 	the 	change.
IDPC is a separate employer under the Educational Employment
Relations Act (Act ) and that employees of the IDPC are under
the provisions governing the employment of school classified
employees . 1c
Testimony presented at the hearing indicates that
the IDPC went into operation effective July 1, 1977.13
The IDPC has its own central hardware and central staff.
The operation is physically housed in the Sacramento County
Office of Education building on a lease basis. 	However,
the only connection that the Sacramento County Office of
Education has with the operation of the center is through
its representative on the IDPC's governing board. The status
of IDPC employees is not the subject of this decision.
The IDPC performs computer operations for the
various participating agencies. All of the County Office's
computer operators and computer programmers were scheduled
to be transfered to the IDPC at the time of the July 1
changeover. From a pre-changeover high of 30 employees,
the work force in the data processing section retained in
Statutes of 1977, Chapter 213, effective as an urgency
measure on June 30, 1977.
The hearing was concluded in late April and plans for the
changeover to the IDPC were well developed and already in
gradual implementation. There was testimony at the hearing
that the administrative change to the IDPC would occur on
July 1, 1977 and the full operational change would take
place when a new computer was in complete working order
about six weeks later. Because of the advanced state of
preparations for the changeover by the date of the hearing,
the hearing officer will decide this case in light of the
evidence about the anticipated effects of the change.
-8-

the
	County
	Office
	was
	expected
	to
	drop
	to
	19
	employees
	after
July
	1,
	1977.
	By
	the
	time
	of 	the
	hearing,
	six
	of 	those
employees
	already
	had
	made
	the
	transfer.
The
	agencies
	that
	cooperated
	to
	establish
	the
IDPC
	have
	made
	an
	initial
	commitment
	to
	fund
	its
	operation
for
	seven
	years.
	There
	is
	no
	financial
	commitment
	after
the
	seven
	years,
	but
	from
	the
	testimony
	at
	the
	hearing
	there
is
	no
	reason
	to 	believe
	the
	center
	will
	close
	at 	that
	time.
Under
	the
	enabling
	legislation
	it
	can 	have 	an
	indefinite
life
	span. 
According
	to
	testimony
	at 	the 	hearing, 	the
	County
Office
	has
	retained
	a
	data 	processing
	unit
	following
	the
July
	1,
	1977
	changeover.
	The
	data 	processing
	unit 	in
	the
County
	Office
	now
	is
	comprised
	of 	sections 	for 	data
	controls,
testing
	control,
	shipping,
	keypunch 	and
	consulting. 	All 	of
the
	employees
	who
	departed 	for
	the
	IDPC
	worked
	in 	the
	County
Office's
	computer
	section
	which
	now
	has 	been
	abolished.
It
	is
	assumed
	that
	the 	retained
	County
	Office 	data 	processing
unit
	is
	the
	group
	SEIU
	seeks
	to 	represent.
The
	employees
	who
	remain
	in 	the
	County
	Office 	data
processing 	section
	perform
	work
	that
	might
	generally 	described
as 	being
	either 	technical 	or
	clerical.
	The
	remaining 	employees
are: 	data 	control 	analysts
	whose
	duty
	is
	to 	insure 	the
accuracy 	of 	information 	to
	be 	used
	in
	computer
	operation;
a
	testing
	employee
	who
	consults 	with 	school
	districts
	about
testing
	problems; 	shipping 	employees 	and 	keypunch
	operators
and 	consultants.
-9-
the County Office was expected to drop to 19 employees after
July 1, 1977. By the time of the hearing, six of those
employees already had made the transfer.
The agencies that cooperated to establish the
IDPC have made an initial commitment to fund its operation
for seven years. 	There is no financial commitment after
the seven years, but from the testimony at the hearing there
is no reason to believe the center will close at that time.
Under the enabling legislation it can have an indefinite
life span.
According to testimony at the hearing, the County
Office has retained a data processing unit following the
July 1, 1977 changeover. The data processing unit in the
County Office now is comprised of sections for data controls,
testing control, shipping, keypunch and consulting. All of
the employees who departed for the IDPC worked in the County
Office's computer section which now has been abolished.
It is assumed that the retained County Office data processing
unit is the group SEIU seeks to represent.
The employees who remain in the County Office data
processing section perform work that might generally described
as being either technical or clerical. 	The remaining employees
are: data control analysts whose duty is to insure the
accuracy of information to be used in computer operation;
a testing employee who consults with school districts about
testing problems; shipping employees and keypunch operators
and consultants.
-9-

The
	employees
	in
	the
	proposed
	data 	processing
	unit
are
	under
	the
	supervision 	of 	the
	director 	of
	research
	and
data
	Processing
	who
	also
	supervises 	five 	research
	employees
who
	are
	not 	sought
	for
	the
	SEIU
	proposed
	unit.
The
	19
	employees
	who
	remain
	in
	the
	County
	Office's
own
	data 	processing
	unit
	have
	much
	in
	common
	with 	the
	other
county
	classified
	employees.
	A
merit
	system
14
employer,
the
	County
	Office
	has
	a
	single 	set
	of
	rules
	and
	regulations
affecting
	the
	working
	conditions 	of
	all
	classified
	employees.
The
	County
	Office 	personnel
	commission
	rules
	and
	regulations
spell
	out
	policies
	for 	disciplinary 	action, 	leaves,
	work
hours,
	holidays,
	salaries,
	performance
	reports
	and
	other
benefits.
	The
	data 	processing 	unit
	employees,
	like
	the
other
	classified
	employees,
	receive 	the
	benefits 	and,follow
the 	rules
	and
	regulations
	which
	are
	adopted
	for
	ali
	employees
by
	the 	personnel
	commission.
There
	is
	considerable 	interchange
	between
	those
remaining
	County
	Office
	employees
	in 	the 	data 	processing
unit
	and
	other
	county
	classified
	employees. 	According
	to
testimony 	at 	the 	hearing, 	the 	data 	processing 	unit
	employees
14
Provisions 	relating 	to 	the 	merit 	system 	can 	be 	found
	in
Education
	Code
	Sections
	45240
	et 	seq.
-10-
The employees in the proposed data processing unit
are under the supervision of the director of research and
data processing who also supervises five research employees
who are not sought for the SEIU proposed unit.
The 19 employees who remain in the County Office's
own data processing unit have much in common with the other
county classified employees. 	A merit system 14 employer ,
the County Office has a single set of rules and regulations
affecting the working conditions of all classified employees.
The County Office personnel commission rules and regulations
spell out policies for disciplinary action, leaves, work
hours, holidays, salaries, performance reports and other
benefits. The data processing unit employees, like the
other classified employees, receive the benefits and. follow
the rules and regulations which are adopted for all employees
by the personnel commission.
There is considerable interchange between those
remaining County Office employees in the data processing
unit and other county classified employees. 	According to
testimony at the hearing, the data processing unit employees
Provisions relating to the merit system can be found in
Education Code Sections 45240 et seq.
-10-

have
	almost
	daily
	contact
	with
	County
	Office
	employees
	in
the 	business
	service, 	special
	education
	and
	program
	service
departments
	and
	the
	library.
	Employees
	in
	the
	shipping
section
	have 	weekly
	contact
	with
	County
	Office
	classified
employees
	within 	the
	business
	service
	department
	but
	have
no
	appreciable
	regular
	contact
	with
	other
	County
	Office
classified
	employees.
	Employees
	in
	the
	keypunch
	unit
	have
daily
	contact
	with
	classified
	employees
	in
	the 	business
service 	section, 	in 	special
	education
	and
	vocational 	educa-
tion.	
The
	consultants
	have
	daily
	contact
	with
	other
	County
Office
	employees.
Prior 	to 	July
	1,
	-1977,
	the
	County
	Office 	data
processing
	section
	was
	located 	in
	a
	portion
	of 	the
	county
education 	building
	thab
	was
	physically
	secure
	from
	the
other 	operations.
	Doors
	into
	the 	data 	processing
	unit
	were
locked
	and
	could 	only
	be 	opened 	by
	use
	of
	a
	coded
	card
	or
by
	a
	person 	already
	inside.
	There
	was
	an
	intercom 	system
for
	communications 	between
	persons
	inside 	the 	unit
	and
	those
outside. 	Distribution 	of 	the
	coded
	cards
	was
	limited 	to
those 	persons 	with
	an
	actual
	need
	for 	access.
	Because
	of
this 	tight 	security
	arrangement~ 	employees 	working
	inside
the 	data 	processing 	unit
	were
	limited 	in 	their
	contact 	with
other
	employees.
-11-
have almost daily contact with County Office employees in
the business service, special education and program service
departments and the library . 	Employees in the shipping
section have weekly contact with County Office classified
employees within the business service department but have
no appreciable regular contact with other County Office
classified employees. 	Employees in the keypunch unit have
daily contact with classified employees in the business
service section, in special education and vocational educa-
tion. 	The consultants have daily contact with other County
Office employees.
Prior to July 1, 1977, the County Office data
processing section was located in a portion of the county
education building that was physically secure from the
other operations. Doors into the data processing unit were
locked and could only be opened by use of a coded card or
by a person already inside. 	There was an intercom system
for communications between persons inside the unit and those
outside. Distribution of the coded cards was limited to
Because of	those persons with an actual need for access.
this tight security arrangement, employees working inside
the data processing unit were limited in their contact with
other employees.
-11-

There
	was
	no
	testimony
	at
	the 	hearing
	about
whether
	any
	of
	this
	would
	change
	after
	the
	IDPC
	took
	over
computer
	operations.
	The
	hearing
	officer
	does
	not
	know,
therefore,
	whether
	the
	employees
	remaining
	in
	the
	County
Office 	data 	processing 	unit
	continue
	to
	work
	in
	the 	secured
area.
Since
	1967,
	the
	California
	School
	Employees
Association
	has
	had
	a
	recognized 	chapter 	of
	employees
	in
the
	Sacramento
	County
	Office 	of 	Education.
	The
	CSEA
	has
represented 	data 	processing
	employees
	as 	well 	as
	other
classified
	employees
	of 	the
	County
	Office.
	SEIU
	has
represented
	employees
	of 	the 	data 	processing 	unit
	about
grievances 	within 	the
	time
	since 	the
	enactment
	of 	the
	EERA
and 	has
	made 	a
	general 	salary 	increase 	proposal.
There
	was
	little
	evidence
	presented
	on
	what
	impact
the 	creation
	of
	a
	separate 	data 	processing 	unit
	would
	have
on
	the
	efficient
	operations 	of 	the
	County
	Office 	of Education,
The
	deputy
	superintendent
	testified
	that 	in 	his
	opinion
there
	would 	be
	a
	loss 	of
	flexibility
	in 	the
	assignment
	of
employees
	if
	the
	County
	Office
	were
	broken
	into
	two
	units.
-12-
There was no testimony at the hearing about
whether any of this would change after the IDPC took over
computer operations. 	The hearing officer does not know,
therefore, whether the employees remaining in the County
Office data processing unit continue to work in the secured
area .
Since 1967, the California School Employees
Association has had a recognized chapter of employees in
the Sacramento County Office of Education. The CSEA has
represented data processing employees as well as other
classified employees of the County Office. SEIU has
represented employees of the data processing unit about
grievances within the time since the enactment of the EERA
and has made a general salary increase proposal.
There was little evidence presented on what impact
the creation of a separate data processing unit would have
on the efficient operations of the County Office of Education.
The deputy superintendent testified that in his opinion
there would be a loss of flexibility in the assignment of
employees if the County Office were broken into two units.
-12-

THE 	APPROPRIATE 	UNIT 	CONCLUSIONS 	OF 	LAW
The 	standards 	for 	the 	determination 	of 	an 	appro-
priate 	unit 	are 	defined 	by 	Government 	Code 	Section 	3545. 15
Although 	the 	Educational 	Employment 	Relations 	Board 	has
applied 	these 	standards 	to 	a 	number 	of 	cases 	involving
classified 	employees, 	the 	Board 	has 	yet 	to 	consider 	a 	case
involving 	a 	county 	superintendent 	of 	education. 	The 	relevant
Board 	decisions 	to 	date 	all 	involve 	school 	districts. 16
In 	those 	decisions, 	the 	Board 	has 	established 	three 	units
as 	presumptively 	appropriate 	for 	classified 	employees:
1) 	an 	instructional 	aides 	(paraprofessional) 	unit; 	2) 	an
office-technical 	and 	business 	services 	unit; 	and 	3) 	an
operations-support 	services 	unit.
15 Government 	Code 	Section 	3545 	reads 	as 	follows:
(a) 	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.
(b) 	In 	all 	cases:
(1) 	A negotiating 	unit 	that 	includes 	classroom 	teachers
shall 	not 	be 	appropriate 	unless 	it 	at 	least 	includes 	all
of 	the 	classroom 	teachers 	employed 	by 	the 	public 	school
employer, 	except 	management 	employees, 	supervisory
employees, 	and 	confidential 	employees.
(2) 	A negotiating 	unit 	of 	supervisory 	employees 	shall
not 	be 	appropriate 	unless 	it 	includes 	all 	supervisory
employees 	employed 	by 	the 	district 	and 	shall 	not 	be
represented 	by 	the 	same 	employee 	organization 	as
employees 	whom 	the 	supervisory 	employees 	supervise.
(3) 	Classified 	employees 	and 	certificated 	employees
shall 	not 	be 	included 	in 	the 	same 	negotiating 	unit.
16 of 	primary 	significance 	are: 	Sweetwater 	Union High 	School
District, 	EERB 	Decision 	No. 	4, 	November 	23, 	1976; 	Fremont
Unif~ed 	School 	District, 	EERB 	Decision 	No. 	6, 	December 	16,
1976; 	Foothill-DeAnza 	Community 	College 	District, 	EERB
Decision 	No. 	10, 	March 	1, 	1977.
-13-
THE APPROPRIATE UNIT --- CONCLUSIONS OF LAW
The standards for the determination of an appro-
priate unit are defined by Government Code Section 3545.13
Although the Educational Employment Relations Board has
applied these standards to a number of cases involving
classified employees, the Board has yet to consider a case
involving a county superintendent of education. 	The relevant
Board decisions to date all involve school districts. 16
In those decisions, the Board has established three units
as presumptively appropriate for classified employees:
1) an instructional aides (paraprofessional) unit; 2) an
office-technical and business services unit; and 3) an
operations-support services unit.
Government Code Section 3545 reads as follows:
(a) 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.
(b ) 	In all cases :
(1) A negotiating unit that includes classroom teachers
shall not be appropriate unless it at least includes all
of the classroom teachers employed by the public school
employer, except management employees, supervisory
employees, and confidential employees.
(2) A negotiating unit of supervisory employees shall
not be appropriate unless it includes all supervisory
employees employed by the district and shall not be
represented by the same employee organization as
employees whom the supervisory employees supervise.
(3) Classified employees and certificated employees
shall not be included in the same negotiating unit.
of primary significance are: Sweetwater Union High School
District, EERB Decision No. 4, November 23, 1976; Fremont
Unified School District, EERB Decision No. 6, December 16,
1976; Foothill-DeAnza Community College District, EERB
Decision No. 10, March 1, 1977.
-13-

Instructional 	aides 	were 	placed 	in 	a 	separate
unit 	by 	the 	EERB 	because their 	primary 	duties 	involve
directly 	assisting 	the 	educational 	development 	of 	students.
The 	key 	factor 	was 	that 	the 	aides 	have 	an 	instructional
relationship 	with 	students 	which 	is 	unlike 	the 	relationship
other 	classified 	employees 	have 	with 	students.
Office-technical 	and 	business 	services 	employees
were 	placed 	in 	a 	separate 	unit 	by 	the 	EERB 	because 	their
job 	duties 	are 	generally 	clerical 	and 	record-keeping 	work
rather 	than 	physical 	labor. 	They 	are 	required 	to 	type,
operate 	business 	machines, 	maintain 	files 	and 	keep 	records.
They 	do 	not 	have 	an 	instructional 	relationship 	with 	students.
The 	operations-support 	services 	employees 	share 	a
community 	of 	interest, 	the 	EERB 	concluded, 	because 	their
job 	is 	to 	provide 	a 	proper 	physical 	environment 	and 	support
services 	for 	students. 	They 	clean 	and 	repair, 	provide 	food
and 	transportation.
An 	examination 	of 	the 	job 	categories 	for 	classified
employees 	within 	the 	County 	Office 	shows 	a 	heavy 	concentration
of 	positions 	which 	-- 	from 	their 	titles 	-- 	appear 	comparable
to 	the 	office-technical 	employees 	unit 	in 	Sweetwater. 	The
County 	Office 	apparently 	has 	few 	instructional 	aides 	and 	only
a 	few 	job 	classifications 	which 	might 	normally 	be 	found 	in
an 	operations-support 	services 	unit. 	No 	party 	requested 	an
operations-support 	services 	or 	aides 	unit 	and 	there 	is 	no
evidence 	in 	the 	record 	to 	indicate 	how many 	persons 	occupy
the 	several 	positions 	which 	normally 	might 	be 	in 	such 	units.
-14-
Instructional aides were placed in a separate
unit by the EERB because their primary duties involve
directly assisting the educational development of students.
The key factor was that the aides have an instructional
relationship with students which is unlike the relationship
other classified employees have with students.
Office-technical and business services employees
were placed in a separate unit by the EERB because their
job duties are generally clerical and record-keeping work
rather than physical labor. They are required to type,
operate business machines, maintain files and keep records.
They do not have an instructional relationship with students.
The operations-support services employees share a
community of interest, the EERB concluded, because their
job is to provide a proper physical environment and support
services for students. They clean and repair, provide food
and transportation.
An examination of the job categories for classified
employees within the County Office shows a heavy concentration
of positions which -- from their titles -- appear comparable
to the office-technical employees unit in Sweetwater. 	The
County Office apparently has few instructional aides and only
a few job classifications which might normally be found in
an operations-support services unit. No party requested an
operations-support services or aides unit and there is no
evidence in the record to indicate how many persons occupy
the several positions which normally might be in such units.
-14-

In 	Foothill-DeAnza
	Community
	College
	District,
the
	EERB
	held
	that
	"a
	party
	may
	show
	that
	a
	unit
	which
deviates
	from
	a
	presumptively
	appropriate 	unit
	is
	also
appropriate."
	While
	there
	is
	no
	precedent
	for 	the	
composi-
tion	
of
	classified
	units 	in
	a
	county
	office
	of
	education,
it
	can
	be
	anticipated 	that 	insofar
	as
	the
	job
	classifications
parallel
	those
	in
	Sweetwater
	the
	EERB
	would
	find
	units
	that
are
	parallel.
	In
	the 	present 	case,
	it
	can 	be
	expected
	that
the
	EERB
	would
	find
	an
	office-technical
	and
	business
	services
unit 	appropriate.
	However,
	if
	SEIU
	can
	demonstrate
	that
some
	other
	grouping
	of
	employees
	also
	is
	appropriate,
	under
Foothill-DeAnza
	the
	EERB
	would
	approve
	that
	other
	unit.
The
	hearing
	officer
	concludes
	that 	in
	the 	present
case,
	SEIU
	has
	not 	demonstrated
	that
	a
	data 	processing
	unit
may
	appropriately
	be
	separated
	from
	the
	office-technical
employees.
In
	Fremont
	Unified
	School
	District,
	where
	the
	EERB
restated
	its
	Sweetwater
	rationale,
	the
	EERB
	placed
	employees
in 	the 	following 	computer-related
	classifications 	into 	the
office-technical
	and
	business 	services 	unit:
	keypunch
operator, 	data 	processing 	clerk, 	lead
	keypunch
	operator,
computer
	operator
	I,
	computer
	operator
	II,
	programmer,
programmer
	analyst
	I
	and 	programmer
	analyst
	II.
	This	
place-
ment 	was
	in 	accord 	with 	the
	EERB's
	rationale 	that
	employees
in 	the 	office-technical
	and 	business 	services 	unit 	perform
clerical
	and 	record-keeping 	work
	rather 	than 	physical 	labor.
-15-
In Foothill-DeAnza Community College District,
the EERB held that "a party may show that a unit which
deviates from a presumptively appropriate unit is also
appropriate. " 	While there is no precedent for the composi-
tion of classified units in a county office of education,
it can be anticipated that insofar as the job classifications
parallel those in Sweetwater the EERB would find units that
are parallel. 	In the present case, it can be expected that
the EERB would find an office-technical and business services
unit appropriate. However, if SEIU can demonstrate that
some other grouping of employees also is appropriate, under
Foothill-DeAnza the EERB would approve that other unit.
The hearing officer concludes that in the present
case, SEIU has not demonstrated that a data processing unit
may appropriately be separated from the office-technical
employees .
In Fremont Unified School District, where the EERB
restated its Sweetwater rationale, the EERB placed employees
in the following computer-related classifications into the
office-technical and business services unit: keypunch
operator, data processing clerk, lead keypunch operator,
computer operator I, computer operator II, programmer,
programmer analyst I and programmer analyst II. This place-
ment was in accord with the EERB's rationale that employees
in the office-technical and business services unit perform
clerical and record-keeping work rather than physical labor.
-15-

They
	operate 	business
	machines
	and
	work
	with
	words,
	data
and
	paper.
In 	the 	present 	case,
	no
	significant 	distinction
has 	been
	made
	between
	the
	duties
	of 	the 	data 	processing
	unit
and
	those 	of 	the
	other
	clerical,
	technical
	and
	business
employees.
	The
	principal
	duty
	of 	the 	data 	processing
employees,
	like 	that
	of 	the
	clerical
	employees,
	is
	to
maintain
	records,
	process 	information
	and
	operate 	business
machines.
	The
	mostly
	highly
	sophisticated
	jobs
	in
	the
	data
processing
	unit--those
	of
	computer
	programmer 	and
	operators--
have 	been
	transferred
	to 	the
	IDPC.
	There
	is
	nothing
	in 	the
record
	to 	indicate 	that
	the
	remaining
	jobs
	have 	any
higher
	level
	of
	sophistication
	than
	other
	County
	Office
classified 	positions.
There
	is
	evidence
	of
	common
	benefits
	and
	common
lines
	of 	supervision 	for 	data 	processing
	employees 	and
County
	Office
	classified
	employees. 	There
	also
	is
	evidence
of
	some
	interchange
	between
	the 	data 	processing
	employees
and
	the 	other
	County
	Office
	employees.
There
	is
	no
	history 	of 	separate 	representation
for 	the 	data 	processing
	employees 	and 	what
	negotiating
history
	does
	exist
	shows
	representation 	of
	County
	Office
employees
	in 	various 	job
	classifications
	by 	a
	single 	organiza-
tion.	
The
	evidence
	on 	how 	two
	units
	would
	affect 	the	
effi-
ciency 	of 	operations 	is 	too 	scant 	to 	be 	of 	any
	significant
weight.
-16-
They operate business machines and work with words, data
and paper.
In the present case, no significant distinction
has been made between the duties of the data processing unit
and those of the other clerical, technical and business
employees. The principal duty of the data processing
employees, like that of the clerical employees, is to
maintain records, process information and operate business
machines . 	The mostly highly sophisticated jobs in the data
processing unit--those of computer programmer and operators--
have been transferred to the IDPC. There is nothing in the
record to indicate that the remaining jobs have any
higher level of sophistication than other County Office
classified positions.
There is evidence of common benefits and common
lines of supervision for data processing employees and
County Office classified employees. 	There also is evidence
of some interchange between the data processing employees
and the other County Office employees.
There is no history of separate representation
for the data processing employees and what negotiating
history does exist shows representation of County Office
employees in various job classifications by a single organiza-
tion. The evidence on how two units would affect the effi-
ciency of operations is too scant to be of any significant
weight .
-16-

For
	these 	reasons,
	it
	is
	concluded
	that
	the
	SEIU's
proposed
	data 	processing
	unit
	is
	not
	appropriate.
All
	other
	parties
	propose
	a
	single,
	comprehensive
unit
	for
	classified
	employees.
	Because
	most
	of
	the
	County
Office
	employees
	perform
	jobs
	that
	normally
	would 	be
	in
	a
single
	office-technical
	and
	business
	services 	unit
	and
	because
there
	is
	no
	evidence
	that
	an
	operations-support 	services
	unit
	or
any
	other 	separate 	unit
	would 	be
	appropriate,
	the 	hearing
	officer
concludes
	that
	a
	single,
	comprehensive
	unit
	is
	appropriate.
THE
	SUPERVISORY 	ISSUES
	---
	FINDINGS
	OF
	FACT
The
	Accountant
The
	ccountant, 	according
	to 	the
	job
	description,
performs 	a~counting
	and
	auditing
	functiQns
	of
	average	
diffi-
culty,	
including 	the
	examination,
	analysis,
	maintenance,
reconciliations
	and
	verification
	of
	fiscal
	records.
	The
accountant 	also 	supervises 	the
	work
	of 	the 	accounting
	and
auditing 	unit.
- 	.
According
	to 	testimony
	at 	the 	hearing, 	the
	County
Office
	has
	two
	accountants.
	One
	accountant
	is
	in
	charge
	of
an
	auditing 	unit
	which 	has 	four 	account
	clerks.
	The
	other
accountant 	supervises
	two 	employees
	in 	the
	paymaster
	unit.
In 	the 	hiring 	of
	new
	employees, 	each 	accountant
interviews 	the 	top 	three 	candidates 	for
	any
	job 	opening 	and
then
	recommends 	which
	candidate 	should 	be
	hired. 	Recently,
an 	employee 	was
	hired 	in 	the 	auditing 	unit
	and
	the	
recommen-
dation 	of 	the 	accountant
	was
	followed.
For these reasons, it is concluded that the SEIU's
proposed data processing unit is not appropriate.
All other parties propose a single, comprehensive
unit for classified employees. 	Because most of the County
Office employees perform jobs that normally would be in a
single office-technical and business services unit and because
there is no evidence that an operations-support services unit or
any other separate unit would be appropriate, the hearing officer
concludes that a single, comprehensive unit is appropriate.
THE SUPERVISORY ISSUES --- FINDINGS OF FACT
The Accountant
The 	ccountant, according to the job description,
performs accounting and auditing functions of average diffi-
culty, including the examination, analysis, maintenance,
The	reconciliations and verification of fiscal records.
accountant also supervises the work of the accounting and
auditing unit .
According to testimony at the hearing, the County
Office has two accountants . 	One accountant is in charge of
an auditing unit which has four account clerks. The other
accountant supervises two employees in the paymaster unit.
In the hiring of new employees, each accountant
interviews the top three candidates for any job opening and
then recommends which candidate should be hired. 	Recently,
an employee was hired in the auditing unit and the recommen
dation of the accountant was followed.
-17-

Each 	accountant 	completes 	the 	performance 	evalua-
tions 	of 	employees 	within 	that 	accountant's 	unit. 	No
employees 	have 	been 	terminated 	recently 	in 	the 	accounting
units. 	However, 	about 	seven 	or 	eight 	years 	ago 	two 	accounting
employees 	resigned 	following 	the 	initiation 	of 	termination
proceedings 	by 	the 	accountant. 	Each 	accountant 	assigns 	work
to 	employees 	within 	that 	accountantfs 	unit. 	According 	to
the 	testimony, 	when 	the 	work 	in 	the 	two 	units 	is 	flowing
smoothly 	they 	are 	almost 	self-functioning. 	The 	accountants
review 	the 	work 	of 	individual 	employees, 	paying 	closer 	atten-
tion 	to 	the 	work 	of 	employees 	who 	might 	be 	error-prone.
The 	accountants 	have 	recalled 	employees 	who 	were
laid 	off.
The 	Cook 	Manager
The 	cook manager, 	according 	to 	the 	job 	description,
is 	responsible 	for 	and 	supervises 	the 	preparation, 	serving
and 	care 	of 	food 	at 	the 	Sly 	Park 	Conservation 	and 	Environmental
Education 	Center.
According 	to 	testimony 	at 	the 	hearing, 	the 	cook
manager 	sets 	the 	schedule 	for 	the 	cooks, 	supervises 	the 	entire
food 	preparation 	process, 	orders 	the 	food 	and 	takes 	care 	of
the 	inventory. 	The 	cook 	manager 	also 	prepares 	food 	and
supervises 	the 	work 	of 	two 	full-time 	cooks, 	one 	part-time
cook 	and 	a 	dishwasher.
-18-
Each accountant completes the performance evalua
tions of employees within that accountant's unit. 	No
employees have been terminated recently in the accounting
units. 	However, about seven or eight years ago two accounting
employees resigned following the initiation of termination
proceedings by the accountant. 	Each accountant assigns work
to employees within that accountant's unit. According to
the testimony, when the work in the two units is flowing
smoothly they are almost self-functioning. 	The accountants
review the work of individual employees, paying closer atten-
tion to the work of employees who might be error-prone.
The accountants have recalled employees who were
laid off.
The Cook Manager
The cook manager, according to the job description,
is responsible for and supervises the preparation, serving
and care of food at the Sly Park Conservation and Environmental
Education Center.
According to testimony at the hearing, the cook
manager sets the schedule for the cooks, supervises the entire
food preparation process, orders the food and takes care of
the inventory. 	The cook manager also prepares food and
supervises the work of two full-time cooks, one part-time
cook and a dishwasher.
-18-

Evaluations
	of
	employees
	who
	work
	under
	the
	cook
manager
	are
	prepared
	jointly
	by
	the
	cook 	manager 	and
	the
outdoor 	education
	specialist
	who
	is
	the
	principal 	at 	the
Sly 	Park
	Center.
	The
	cook 	manager
	sits
	in
	dur.ing
	the	
inter-
views	
of 	prospective
	new
	employees
	but
	there
	is
	no
	evidence
about
	the
	weight
	given
	to
	the
	recommendations
	of 	the
	cook
manager.
	The
	cook 	manager
	has
	no
	role 	in 	the 	processing 	of
grievances.
	During
	the
	last
	ten
	years 	the
	cook 	manager
	has
recommended
	the
	dismissal
	of
	one
	employee.
	Subsequently,
dismissal
	proceedings
	were
	conducted
	and
	the
	employee
	was
terminated.
	The
	cook manager
	determines 	the
	number
	of
	cooks
who
	will
	work 	on
	any
	given
	day
	according
	to 	the
	number
	of
children
	who
	will
	be
	living 	at
	the
	Sly 	Park 	Center
	on
	that
day.
The
	Keypunch
	Supervisor
The
	keypunch
	supervisor,
	according
	to 	the 	job
description, 	supervises 	the
	work
	of 	the
	keypunch
	operators,
assists
	in
	developing 	procedural
	instructions 	for
	work
performed
	in 	the
	keypunch 	and
	verifying 	units,
	and
	maintains
clerical
	controls 	of
	work 	volume 	and
	production 	schedules.
According
	to 	testimony
	at 	the 	hearing, 	the
	key
punch
	supervisor
	is 	in
	charge 	of 	six
	employees.
	When 	new
employees
	are 	to
	be
	hired 	for 	the
	keypunch
	operation, 	the
keypunch
	operator 	interviews 	the 	three 	top 	candidates 	and
selects
	from 	among 	them 	the 	person
	who
	is 	to 	be 	hired.
-19-
Evaluations of employees who work under the cook
manager are prepared jointly by the cook manager and the
outdoor education specialist who is the principal at the
Sly Park Center. 	The cook manager sits in during the inter-
views of prospective new employees but there is no evidence
about the weight given to the recommendations of the cook
manager . 	The cook manager has no role in the processing of
grievances. During the last ten years the cook manager has
recommended the dismissal of one employee. Subsequently,
dismissal proceedings were conducted and the employee was
terminated. The cook manager determines the number of cooks
who will work on any given day according to the number of
children who will be living at the Sly Park Center on that
day .
The Keypunch Supervisor
The keypunch supervisor, according to the job
description, supervises the work of the keypunch operators,
assists in developing procedural instructions for work
performed in the keypunch and verifying units, and maintains
clerical controls of work volume and production schedules.
According to testimony at the hearing, the key
punch supervisor is in charge of six employees. 	When new
employees are to be hired for the keypunch operation, the
keypunch operator interviews the three top candidates and
selects from among them the person who is to be hired.
-19-

The 	keypunch 	supervisor 	completes 	evaluations
of 	the 	keypunch 	operators. 	These 	performance 	evaluations
are 	reviewed 	by 	the 	operations 	supervisor 	and 	programmer
but 	the 	reviewer 	has 	no 	power 	to 	change 	the 	contents 	of 	the
evaluation.
The 	keypunch 	supervisor 	has 	the 	authority 	to
assign 	work 	to 	the 	keypunch 	operators 	and 	establish 	priorities
on 	work 	flow. 	The 	keypunch 	supervisor 	also 	reviews 	the
finished 	work 	of 	each 	subordinate 	and 	makes 	a 	running 	count
of 	their 	errors. 	There 	was 	testimony 	that 	the 	keypunch
supervisor 	has 	the 	authority 	to 	initiate 	the 	dismissal 	of
employees 	but 	there 	has 	been 	no 	need 	to 	seek 	the 	termination
of 	any 	employee 	in 	recent 	years.
The 	keypunch 	supervisor 	has 	no 	significant 	role
in 	the 	promotion 	of 	subordinates 	or 	in 	the 	handling 	of
grievances.
Operations 	Supervisor 	and 	Programmer
The 	operations 	supervisor 	and 	programmer, 	according
to 	the 	job 	description, 	supervises 	data 	processing 	computer
operation 	activities 	or 	production 	control 	acti 	ties. 	The
person 	filling 	the 	job 	is 	required 	to 	have 	four 	years 	of
technical 	experience 	in 	the 	operation 	and 	control 	of 	inter-
mediate 	or 	large-scale 	computer 	systems, 	including 	at 	least
one 	year 	of 	supervisory 	experience.
-20-
The keypunch supervisor completes evaluations
of the keypunch operators. 	These performance evaluations
are reviewed by the operations supervisor and programmer
but the reviewer has no power to change the contents of the
evaluation.
The keypunch supervisor has the authority to
assign work to the keypunch operators and establish priorities
on work flow. The keypunch supervisor also reviews the
finished work of each subordinate and makes a running count
of their errors. 	There was testimony that the keypunch
supervisor has the authority to initiate the dismissal of
employees but there has been no need to seek the termination
of any employee in recent years.
The keypunch supervisor has no significant role
in the promotion of subordinates or in the handling of
grievances.
Operations Supervisor and Programmer
The operations supervisor and programmer, according
to the job description, supervises data processing computer
operation activities or production control activities. 	The
person filling the job is required to have four years of
technical experience in the operation and control of inter-
mediate or large-scale computer systems, including at least
one year of supervisory experience.
-20-

According
	to
	testimony
	at
	the 	hearing, 	the
operations 	supervisor
	and
	programmer
	is
	in
	charge
	of
	the
overall
	computer
	operation
	and 	keypunch
	activities.
	This
includes 	the
	work
	of 	the
	control,
	keypunch
	computer,
	shipping
and
	testing
	sections.
	There
	are
	between
	ten
	and
	twelve
employees
	in 	the
	data 	processing
	unit
	who
	are 	subordinate
to
	the 	operations 	supervisor
	and 	programmer.
	Among
	the
employees
	within 	the 	operations
	supervisor's 	control 	are
the
	keypunch
	operators.
	In
	making
	assignments
	of
	keypunch
work,
	the 	operations 	supervisor
	works
	through
	the
keypunch
supervisor
	who
	in 	turn
	makes
	the
	assignments
	to
	thi
	individual
keypunch
	operators.
Evaluations
	of
	all
	operations
	employees
	out
	the
keypunch
	operators 	are 	prepared
	by
	the 	operations
	supervisor
and 	programmer.
The
	operations 	supervisor
	and 	programmer
	makes
recommendations 	about
	the
	hiring
	of
	employees
	subordinate
to
	him
	and
	his
	recommendations
	are
	followed.
	The
	director
of 	research
	and
	data 	processing,
	who
	is
	the 	supervisor 	of
the 	operations 	supervisor,
	testified
	that
	he 	would
	not
	resolve
grievances 	in 	the 	operations 	department 	without 	the 	assistance
of 	the 	operations 	supervisor.
There
	was 	no
	testimony 	at 	the 	hearing 	about 	what
impact 	the 	July 	1,
	1977 	changeover 	to 	the
	IDPC
	would 	have
on
	the 	duties 	of 	the 	operations 	supervisor
.and 	programmer.
-21-
According to testimony at the hearing, the
operations supervisor and programmer is in charge of the
overall computer operation and keypunch activities. 	This
includes the work of the control, keypunch computer, shipping
and testing sections. 	There are between ten and twelve
employees in the data processing unit who are subordinate
to the operations supervisor and programmer . 	Among the
employees within the operations supervisor's control are
the keypunch operators. In making assignments of keypunch
work, the operations supervisor works through the keypunch
supervisor who in turn makes the assignments to the individual
keypunch operators.
Evaluations of all operations employees but the
keypunch operators are prepared by the operations supervisor
and programmer.
The operations supervisor and programmer makes
recommendations about the hiring of employees subordinate
to him and his recommendations are followed. 	The director
of research and data processing, who is the supervisor of
the operations supervisor, testified that he would not resolve
grievances in the operations department without the assistance
of the operations supervisor.
There was no testimony at the hearing about what
impact the July 1, 1977 changeover to the IDPC would have
on the duties of the operations supervisor and programmer.
-21-

Media
	Technical
	Assistant
The
	media
	technical
	assistant,
	according
	to
	the
job
	description,
	carries
	out
	and
	supervises 	the 	check-out
and
	check-in
	activities
	necessary 	for
	schools
	to
	get
	films,
books
	and
	other
	lending
	materials
	from
	the
	County
	Office.
The
	media
	technical
	assistant
	works
	with 	film
	booking
	clerks
in 	the
	booking
	and
	circulation
	of
	films.
	The
	assistant
operates
	and
	supervises 	the 	film 	inspection/rewind
	machines
and 	keypunch
	machines.
	The
	assistant
	supervises 	truck
	drivers
who
	make
	deliveries.
	He
	also
	is
	responsible 	for 	various
repairs
	of
	equipment
	and
	films.
According
	to
	testimony
	at
	the 	hearing, 	the
	media
technical
	assistant
	position
	was
	until
	recently
	known
	as
	the
a~dio/visual 	lead 	technician.
	The
	position
	was
	upgraded 	and
is
	now
	paid
	an
	additional 	salary
	of 	about
	$100
	per
	month.
The
	media
	technical
	assistant 	is
	in
	charge
	of
	two
	truck
drivers,
	two
	film
	booking
	clerks
	and
	several 	part-time 	student
clerks.
There
	is
	scant 	evidence
	in 	the 	record
	on
	what
	role
the
	media
	technical 	assistant 	will
	have
	in
	the
	hiring 	of
	new
employees. 	There
	was
	testimony
	that
	he 	would 	have
	a	
"recom-
mending	
role''
	but 	there
	was 	no
	evidence 	about 	whether
	his
recommendations 	would 	be
	followed.
The 	media
	technical 	assistant
	completes 	evaluations
of 	the 	persons
	who 	work 	under 	him 	but 	there 	is
	no
	evidence
in 	the 	record 	about 	whether 	those 	evaluations 	result 	in 	any
-22-
Media Technical Assistant
The media technical assistant, according to the
job description, carries out and supervises the check-out
and check-in activities necessary for schools to get films,
books and other lending materials from the County Office.
The media technical assistant works with film booking clerks
in the booking and circulation of films. 	The assistant
operates and supervises the film inspection/rewind machines
and keypunch machines. The assistant supervises truck drivers
who make deliveries. He also is responsible for various
repairs of equipment and films.
According to testimony at the hearing, the media
technical assistant position was until recently known as the
audio/visual lead technician. 	The position was upgraded and
is now paid an additional salary of about $100 per month.
The media technical assistant is in charge of two truck
drivers, two film booking clerks and several part-time student
clerks.
There is scant evidence in the record on what role
the media technical assistant will have in the hiring of new
employees. 	There was testimony that he would have a "recom-
mending role" but there was no evidence about whether his
recommendations would be followed.
The media technical assistant completes evaluations
of the persons who work under him but there is no evidence
in the record about whether those evaluations result in any
-22-

kind
	of
	discipline
	or
	reward. 	In
	the
	last
	ten
	years
	there
have 	been
	no
	disciplinary
	matters 	involving 	the
	employees
who
	work
	under
	the
	media
	technical
	assistant.
	The
	media
technical
	assistant
	has
	no
	effective 	role
	in
	approving
transfers
	of
	employees
	in 	his
	department.
	He
	likewise 	has
no
	effective 	role 	in
	either
	the
	resolution
	of 	grievances 	or
in
	the 	dismissal 	of
	full-time
	employees.
	He
	can
	dismiss
the
	part-time 	students
	who
	work
	in
	his
	office.
Work
	assignments
	of
	the
	employees 	under
	the
	media
technical
	assistant
	appear 	not
	to
	vary
	greatly
	from
	day
	to
day 	and 	so
	his 	role 	in
	making
	assignments
	is
	somewhat
	routine.
THE
	SUPERVISORY 	ISSUES
	---
	CONCLUSIONS
	OF
	LAW
In
	Government
	Code
	Section
	3540.l(m)
	"supervisory
employee"
	is
	defined
	as
	meaning:
.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 	requiresthe 	use 	of 	independent 	judgment.
In 	Sweetwater, 	the
	EERB
	considered 	the
	meaning
	of
that 	section
	and 	observed
	that
	because 	the
	law
	is
	worded
	in
the 	disjunctive,
	an 	employee 	need 	not 	possess
	all
	of 	the
enumerated 	functions 	or 	duties 	in 	order 	to 	be 	a
	supervisor.
kind of discipline or reward. In the last ten years there
have been no disciplinary matters involving the employees
who work under the media technical assistant. The media
technical assistant has no effective role in approving
transfers of employees in his department. He likewise has
no effective role in either the resolution of grievances or
in the dismissal of full-time employees. He can dismiss
the part-time students who work in his office.
Work assignments of the employees under the media
technical assistant appear not to vary greatly from day to
day and so his role in making assignments is somewhat routine.
THE SUPERVISORY ISSUES --- 	- CONCLUSIONS OF LAW
In Government Code Section 3540.1(m) "supervisory
employee" is defined as meaning:
. . 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.
In Sweetwater, the EERB considered the meaning of
that section and observed that because the law is worded in
the disjunctive, an employee need not possess all of the
enumerated functions or duties in order to be a supervisor.
-23-

The
	Board
	held
	that
	the
	"performance
	of
	any
	one
	of 	the
enumerated
	actions
	or
	the
	effective
	power
	to
	recommend
	such
action
	is
	sufficient
	to
	make
	one
	a
	supervisor 	within
	the
meaning
	of 	the 	Act."
In
	San
	Diego
	Unified
	School
	District,
17
the
	Board
concluded
	that
	a
	cafeteria
	manager
	I
	was
	a
	supervisor
	because
persons
	occupying
	that 	position
	assigned
	and
	directed
	the
work
	of
	those
	under
	them,
	effectively
	recommended
	disciplinary
action, 	transfers
	and
	promotions
	and
	adjusted 	grievances.
In
	San 	Diego
	Community
	College
	District,
18
the
	Board
	upheld
a
	hearing
	officer's
	decision
	that
	the
	position 	of 	accountant
was
	not
	supervisory
	because
	the 	persons 	holding 	the
	job
	held
none
	of 	the
	statutory 	indicia
	of 	supervisory
	status.
	No
other
	Board
	decisions
	have
	considered 	the
	positions
	under
dispute 	in
	the 	present 	case.
The
	evidence 	produced
	in
	this
	case
	shows
	that
	all
but
	one
	of 	the 	positions 	in 	question 	possess
	one
	or
	more
	of
the 	functions
	listed
	in
	Government
	Code
	Section 	3540.l(m).
The
	position 	of 	accountant
	is
	held 	to
	be
	a	
super-
visory 	position
	because 	the 	accounts 	can 	and 	have
	effectively
decided
	which
	of 	three
	finalists 	will
	be
	hired 	for
	job 	openings
in 	their
	departments. 	Moreover,
	in 	the 	only
	known
	cases
	where
the 	accountant
	recommended
	terminatlon 	of
	an 	employee,
	the
County
	Offlce
	initiated
	termination 	proceedings 	whlch 	became
17EERB
	Decision
	No. 	8,
	February
	18, 	1977.
18EERB
	Decision
	No. 	28, 	September 	16, 	1977,
-24-
The Board held that the "performance of any one of the
enumerated actions or the effective power to recommend such
action is sufficient to make one a supervisor within the
meaning of the Act."
In San Diego Unified School District, the Board
concluded that a cafeteria manager I was a supervisor because
persons occupying that position assigned and directed the
work of those under them, effectively recommended disciplinary
action, transfers and promotions and adjusted grievances.
In San Diego Community College District, the Board upheld
a hearing officer's decision that the position of accountant
was not supervisory because the persons holding the job held
none of the statutory indicia of supervisory status. 	No
other Board decisions have considered the positions under
dispute in the present case.
The evidence produced in this case shows that all
but one of the positions in question possess one or more of
the functions listed in Government Code Section 3540.1(m).
The position of accountant is held to be a super-
visory position because the accounts can and have effectively
decided which of three finalists will be hired for job openings
in their departments. Moreover, in the only known cases where
the accountant recommended termination of an employee, the
County Office initiated termination proceedings which became
VEERB Decision No. 8, February 18, 1977.
18EERB Decision No. 28, September 16, 1977.
-24-

moot
	only
	after
	the
	employee
	resigned.
	The
	accountants
make
	work
	assignments
	to
	the
	employees
	within
	their
	units
and
	have
	exercised 	the
	authority 	to
	recall
	employees
	who
were
	laid
	off.
The
	cook 	manager
	is
	held 	to
	be
	a
	supervisory
employee
	because
	she 	has
	effectively
	recommended
	the
	dismissal
of
	an
	employee 	and
	because
	she
	assigns 	duties
	to
	and	
super-
vises 	the
	work
	of
	four
	other
	employees.
	The
	cook
	manager
also
	determines
	which
	subordinate
	employees
	shall
	work
	on
any
	given
	day.
The
	keypunch
	supervisor
	is
	held
	to
	be
	a
	supervisory
position
	because
	the 	person
	in 	that 	position
	has
	effectively
decided
	which
	of
	three
	finalists
	will
	be
	hired 	for
	job 	openings
in
	the
	keypunch
	department.
	Moreover,
	the
	keypunch
	supervisor
has
	the
	power
	to
	assign
	work
	to
	keypunch
	operators
	and
continually
	monitors 	the
	performance
	of
	keypunch
	operators
by
	looking 	for
	errors.
The
	operations 	supervisor
	and 	programmer
	is
	held
to
	be
	a
	supervisory 	position
	because
	the
	person
	in 	that
position
	has
	effectively 	selected 	the 	persons
	who
	are
	hired
for 	jobs 	in 	his 	department.
	He
	also
	has
	authority 	in 	grievance
resolution.
The
	media
	technical 	assistant 	is
	held 	not 	to 	be
	a
supervisory 	position
	and
	it
	is 	therefore 	included 	within 	the
negotiating 	unit.
	There
	is
	no
	evidence 	in 	the 	record 	to
suggest 	the 	media 	technical 	assistant
	has 	any
	substantial 	role
moot only after the employee resigned. The accountants
make work assignments to the employees within their units
and have exercised the authority to recall employees who
were laid off.
The cook manager is held to be a supervisory
employee because she has effectively recommended the dismissal
of an employee and because she assigns duties to and super-
vises the work of four other employees. 	The cook manager
also determines which subordinate employees shall work on
any given day.
The keypunch supervisor is held to be a supervisory
position because the person in that position has effectively
decided which of three finalists will be hired for job openings
in the keypunch department. Moreover, the keypunch supervisor
has the power to assign work to keypunch operators and
continually monitors the performance of keypunch operators
by looking for errors.
The operations supervisor and programmer is held
to be a supervisory position because the person in that
position has effectively selected the persons who are hired
for jobs in his department. He also has authority in grievance
resolution .
The media technical assistant is held not to be a
supervisory position and it is therefore included within the
negotiating unit. 	There is no evidence in the record to
suggest the media technical assistant has any substantial role
-25-

in
	the
	hiring
	or
	dismissal 	of
	any
	employees
	except
	for
	part-
time
	student
	interns.
	The
	media
	technical
	assistant
	has
not
	been
	involved
	in
	the
	discipline
	of
	any
	employees
	or
	in
	the
resolution
	of
	their
	grievances.
	He
	has
	no
	effective
	role
in
	the
	transfer
	of
	employees 	and
	possesses
	no
	other
	indicia
of 	supervisory
	authority.
PROPOSED 	DECISION
It
	is
	the
	proposed
	decision
	that:
1.
	The
	following
	unit
	is
	appropriate 	for 	the
purpose
	of
	meeting
	and
	negotiating,
	providing
	an
	employee
organization
	becomes
	the 	exclusive
	representative
	of 	the
unit;
Classified
	Employee
	Comprehensive 	Unit
consisting 	of
	all
	classified
	employees,
including 	the 	data 	processing 	unit
	of
the
	Sacramento 	County
	Office 	of 	Education,
but 	excluding
	all
	management,
	supervisory
and
	confidential
	employees;
2.
	The
	positions 	of 	accountant,
	cook 	manager,
keypunch
	supervisor
	and
	operations 	supervisor
	and 	programmer
are
	excluded
	from
	the 	unit
	as 	being 	supervisory;
3. 	The
	position 	of
	media
	technical 	assistant 	is
not 	supervisory
	and
	i~ 	therefore 	included 	within 	the 	unit;
-26-
in the hiring or dismissal of any employees except for part-
time student interns. 	The media technical assistant has
not been involved in the discipline of any employees or in the
resolution of their grievances. He has no effective role
in the transfer of employees and possesses no other indicia
of supervisory authority.
PROPOSED DECISION
It is the proposed decision that:
1. The following unit is appropriate for the
purpose of meeting and negotiating, providing an employee
organization becomes the exclusive representative of the
unit :
Classified Employee Comprehensive Unit
consisting of all classified employees,
including the data processing unit of
the Sacramento County Office of Education,
but excluding all management, supervisory
and confidential employees;
The positions of accountant, cook manager,
keypunch supervisor and operations supervisor and programmer
are excluded from the unit as being supervisory;
3. 	The position of media technical assistant is
not supervisory and is therefore included within the unit;
-26-

4. 	In 	accord 	with 	the 	stipulations 	of 	the 	parties,
the 	following 	positions 	are 	excluded 	from 	the 	unit:
Director 	of 	business 	services, 	assistant
director 	of 	business 	services, 	assistant
director 	of 	educational 	data 	processing,
consultant, 	consultant 	research, 	depart-
mental 	services 	officer, 	supervisor 	of
systems 	and 	programs, 	administrative
budget 	analyst, 	executive 	secretary,
secretary 	III, 	personnel 	secretary 	tech-
nictan, 	personnel 	clerk, 	multilith 	super-
visor, 	cataloguer, 	cataloguer 	circulation
controller, 	supervising 	accountant, 	and
job 	placement 	manager.
The 	parties 	have 	seven 	(7) 	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 	files 	timely 	exceptions, 	this
proposed 	decision 	will 	become 	final 	on 	November 	29, 	1977,
and 	a 	Notice 	of 	Decision 	will 	issue 	from 	the 	Board.
Within 	ten 	(10) 	workdays 	after 	the 	employer 	posts
the 	Notice 	of Decision, 	the 	employee 	organizations 	may
demonstrate 	to 	the 	Regional 	Director 	at 	least 	30 	percent
support 	in 	the 	above 	unit. 	The 	Re 	onal 	Director 	shall
conduct 	an 	election 	if: 	(1) 	more 	than 	one 	employee 	organiza-
tion 	qualifies 	for 	the 	ballot, 	or 	(2) 	only 	one 	employee
-27-
4 . In accord with the stipulations of the parties,
the following positions are excluded from the unit:
Director of business services, assistant
director of business services, assistant
director of educational data processing,
consultant, consultant research, depart-
mental services officer, supervisor of
systems and programs, administrative
budget analyst, executive secretary,
secretary III, personnel secretary tech-
nician, personnel clerk, multilith super-
visor, cataloguer, cataloguer circulation
controller, supervising accountant, and
job placement manager.
The parties have seven (7) 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 files timely exceptions, this
proposed decision will become final on November 29, 1977,
and a Notice of Decision will issue from the Board.
Within ten (10) workdays after the employer posts
the Notice of Decision, the employee organizations may
demonstrate to the Regional Director at least 30 percent
support in the above unit. 	The Regional Director shall
conduct an election if: (1) more than one employee organiza-
tion qualifies for the ballot, or (2) only one employee
-27-

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
	unit 	shall
	be
	the 	date
	this
	decision
	becomes
final
	unless 	another
	date
	is
	deemed
	appropriate
	by
	the
	Re
	onal
Director
	and
	notice
	is
	given
	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
	unit.
Dated:
	November
	17,
	1977
Ronald
	E.
	Blubaugf-,
Hearing
	Officer
*
Voluntary 	recognition 	requires 	majority 	proof 	of 	suppoft
	in
all
	cases.
	See
	Section
	3544 	and 	3544.1.
-28-
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 unit shall be the date this decision becomes
final unless another date is deemed appropriate by the Regional
Director and notice is given 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 unit.
Dated: November 17, 1977
Ronald E. Blubaugh
Hearing Officer
"Voluntary recognition requires majority proof of support in
all cases. See Section 3544 and 3544.1.
-28-