Unit Determination - California State University and Colleges (Professional) (PERB 0173H)

STATE
	OF
	CALIFORNIA
DECISION
	OF
	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
In
	the
	Matter 	of
Unit 	Determination 	for
	Employees
of 	the
	California 	State
	University
and
	Colleges 	Pursuant 	to
Chapter
	744
	of 	the
	Statutes
	of
	1978
(Higher
	Education
	Employer-Employee
Relations 	Act).
----------------------
)	
Case
	No. 	LA-RR-1001
LA-RR-1001-1
LA-RR-1001-2LA-RR-1001-3LA-RR-1002
LA-PC-1002
LA-IP-2
PERB
	Decision
	No.
	173-H
September 	22,
	1981
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Appearances:	
Stewart
	Weinberg,
	Attorney
	(Van
	Bourg,
	Allen,
WeinFifrg	
&	
Roger)
	for 	the
	Uni
tea
	Professors 	of
	California;
Grant
	Lynd
	and 	Glenn
	Rothner, 	Attorney
	(Reich,
	Adell, 	Crost	
&
Perry) 	for 	the
	Congress
	of 	Faculty 	Associations;
	Thomas
Warschauer
	for 	the 	Association 	of 	Business
	Faculties;
	John
Russum 	and
	Gary Robinson
	for 	the
	California
	Federation 	of 	the
Union
	of
	American
	Physicians
	&
Dentists; 	Stuart 	Libicki,
Attorney
	(Schwartz,
	Steinsapir,
	Dohrmann,
	Krepek,
	Sommers
	&
Edelstein)
	and
	Robert 	Simpson,
	Attorney
	(Rose,
	Klein
	and
Marias)
	for 	the
	Retail
	Clerks
	Union;
	Grant
	Lynd,
	Robert
Feinstein
	and
	Christine
	Bologna,
	Attorneys 	for 	the
	California
State
	Employees
	Association;
	and Mayer 	Chapman,
	General
Counsel,
	by
	William
	G.
	Knight
	and
	Barbara
	Miller,
	Attorneys,
and 	Lee
	Paterson, 	Attorney 	(Paterson	
&	
Taggart)
	for
	the
California State 	University
	and
	Colleges.
Before 	Gluck,
	Chairperson;
	Jaeger,
	Moore 	and
	Tovar,
	Members.
I.
INTRODUCTION
The
	Higher 	Education
	Employer-Employee
	Relations
	Act
(hereafter
	HEERA
	or 	Act)
1	
became
	effective 	July 	1,
	1979
	as
	a
result
	of
	legislation
	enacted
	by
	the 	California 	Legislature 	in
1
The
	HEERA
	is 	codified 	at
	Government 	Code
	section
	3560
et
	seq. 	All 	statutory 	references 	hereafter 	are 	to 	theGovernment 	Code
	unless 	otherwise 	indicated.
1

1978.
	The
	legislation
	granted
	jurisdiction
	over
	the
	HEERA
	to
the
	Public
	Employment
	Relations
	Board
	(hereafter
	PERB
	or
Board).
	Its
	terms 	extend
	the 	opportunity
	for
	collective
negotiations 	to,
	among
	others,
	the
	California 	State
	University
and
	Colleges
	(hereafter
	CSUC)
	and
	the
	CSUC
	employees'
designated
	representative.2	
As
	an
	initial
	step
	in 	the
representational
	process,
	PERB
	has
	authority
	to
	determine
	the
appropriate 	units
	for
	employees
	of 	csuc.3
Pursuant
	to 	rules
	and
	regulations
	adopted
	by
	the 	Boara,4
various
	employee
	organizations
	filed 	petitions
	with 	the
	Board
describing 	the
	units
	they 	believed 	to
	be
	appropriate.
	Parties
to 	the
	instant
	case 	then
	participated
	in 	the
	unit
	determination
hearing
	conducted
	by
	a 	PERB
	hearing
	officer
	who
	thereafter
transmitted 	the
	entire
	record 	along 	with
	his 	unit
recommendations
	to 	the
	Board
	itself
	for
	decision.
Based 	on
	the 	evidence
	and
	the
	briefs
	submitted
	by
	the
parties
	as
	well
	as
	the 	hearing
	officer's
	recommendations,
2
rn
	addition 	to 	providing 	exclusive 	representation 	of
employees
	in 	appropriate 	units
	by 	employee
	organizations,
	HEERA
also
	makes
	it
	unlawful 	for 	the
	employer 	or
	the
	employee
organization 	to
	commit
	certain 	acts, 	requires 	the
	employer 	and
the 	exclusive 	representative 	to
	meet
	and
	confer 	in
	good
	faith
and 	endeavor
	to
	reach 	an 	agreement 	on
	matters 	within 	the
	scope
of
	representation.
3
subsection 	3563(a).
4PERB
	rules
	and
	regulations 	regarding
	HEERA
	are 	codified
at 	California Administrative
	Code
	section
	50000
	et
	seq.
2

the
	Board
	has 	determined
	that
	the
	following
	units
	are
appropriate:
Unit
	1 	-
	Physicians
Unit
	2 	-
	Health
	Care
	Support
Unit	
3 -
	Faculty
Unit
	4 	-
	Academic
	Support
The
	specific 	unit
	composition 	of
	these
	units 	is
	discussed
infra
	in
	Part
	III
	of
	this
	decision.
	The
	issue 	of 	exclusion
	of
particular 	classifications
	based
	on
	supervisory, 	managerial,
confidential
	or
	casual
	status
	is
	discussed
	infra
	in
	conjunction
with 	the
	respective
	units.
IL
UNIT 	CRITERIA
The
	Legislature
	mandated
	that
	the
	Board
	consider 	various
criteria
	in 	determining
	an
	appropriate 	unit
	of
	employees
	for
purposes 	of 	meeting
	and
	conferring
	under
	provisions
	of
	the
HEERA.
	Those
	criteria
	are
	set
	forth
	in
	section
	3579
	of 	the
	Act
which, 	in
	pertinent 	part,
	provides:
(a)
	In 	each
	case
	where
	the 	appropriateness
of
	a
	unit
	is
	an
	issue,
	in 	determining
	an
appropriate 	unit,
	the
	board
	shall
	take 	intoconsideration
	all
	of 	the 	following
	criteria:
(1) 	The
	internal
	and
	occupational
community
	of
	interest
	among
	theemployees,
	including, 	but 	not 	limited
to,
	the 	extent 	to
	which
	they 	perform
functionally 	related 	services 	or
	work
toward
	established
	common
	goals, 	the
history 	of 	employee
	representation 	with
3

the
	employer,
	the
	extent
	to
	which
	such
employees
	belong
	to 	the
	same
	employee
organization,
	the
	extent
	to
	which
	the
employees
	have
	common
	skills,
	working
conditions,
	job
	duties,
	or
	similar
educational
	or
	training
	requirements,
and
	the
	extent
	to
	which
	the
	employeeshave
	common
	supervision.
(2)
	The
	effect 	that
	the 	projected
	unit
will
	have
	on
	the
	meet
	and
	confer
relationships,
	emphasizing
	the
availability
	and
	authority
	of
	employer
representatives
	to 	deal
	effectively
with
	employee
	organizationsrepresenting
	the
	unit,
	and
	taking
	into
account
	such
	factors
	as
	work
	location,
the
	numerical
	size
	of 	the
	unit,
	the
relationship
	of 	the
	unit
	to
organizational 	patterns
	of 	the 	higher
education
	employer,
	and
	the
	effect
	on
the
	existing
	classification
	structure
or
	existing
	classification
	schematic 	of
dividing
	a
	single 	class
	or
	single
classification
	schematic
	among
	two
	or
more
	units.
(3)
	The
	effect
	of 	the
	proposed
	unit
	on
efficient
	operations 	of 	the
	employer
and
	the
	compatibility
	of 	the
	unit
	with
the
	responsibility
	of 	the 	higher
education
	employer
	and
	its
	employees
	to
serve 	students
	and
	the 	public.
(4)
	The 	number
	of
	employees
	and
classifications
	in
	a
	proposed
	unit,
	and
its
	effect
	on
	the 	operations
	of 	the
employer,
	on
	the
	objectives
	of
providing 	the
	employees
	the
	right 	to
effective 	representation,
	and 	on
	the
meet 	and
	confer
	relationship.
(5) 	The
	impact 	on
	the
	meet 	and
	confer
relationship created
	by
	fragmentation
of
	employee 	groups 	or
	any
	proliferationof 	units
	among
	the
	employees
	of 	theemployer.
4

(b)
	There
	shall
	be
	a
	presumption
	that
professional
	employees
	and
	nonprofessional
employees
	shall
	not
	be
	included 	in
	the
	same
representation
	unit.
	However,
	the
presumption
	shall
	be
	rebuttable,
	depending
upon 	what
	the
	evidence
	pertinent
	to 	the
criteria
	set
	forth
	in 	subdivision
	(al
establishes.
(c)
	There
	shall
	be
	a
	presumption
	that 	aJl
employees
	within
	an
	occupational
	group
	or
groups
	shall
	be
	included 	within
	a
	singlerepresentation
	unit.
	However,
	thepresumption
	shall
	be
	rebutted
	if
	there
	is
	a
preponderance
	of 	evidence
	that
	a
	single
representation 	unit
	is
	inconsistent
	with
	the
criteria
	set
	forth
	in 	subdivision
	(a)
	or 	thepurposes 	of
	this
	chapter.
(e)
	Notwithstanding 	the 	foregoing
provisions
	of
	this 	section,
	the 	only
appropriate 	representation 	units
	including
members
	of 	the
	academic
	senate 	of 	the
University
	of
	California 	shall
	be
	either
	a
single
	statewide
	unit 	consisting
	of
	alleligible
	members
	of 	the
	senate,
	or
divisional 	units 	consisting
	of
	all
	eligible
members
	of
	a
	division
	of 	the 	senate
....
In
	light
	of 	the
	statutory
	presumption
	set
	forth
	in
subsection
	3579(b)
	that 	professional
	and
	nonprofessional
employees
	shall
	not
	be
	included 	in 	the
	same
	representation
unit,
	the
	Board
	also 	considered 	the
	statutory 	definition
	of
"professional
	employee"
	in 	subsections
	3562 (o)
(1)	
and 	(2)
	which
reads
	as
	follows:
(o)
	"Professional
	employee" 	means:
(1) 	Any
	employee 	engaged
	in
	work:
(i) 	predominately
	intellectual
	and
varied 	in 	character 	as 	opposed 	to
routine 	mental, 	manual, 	mechanical, 	or
5

physical
	work;
	(ii)
	involving 	the
consistent
	exercise
	of
	discretion
	and
judgment
	in
	its
	performance;
	(iii)
	of
such
	a
	character
	that
	the 	output
produced
	or 	the
	result
	accomplished
cannot
	be
	standardized
	in
	relation
	to
	a
given 	period 	of 	time;
	and
	(iv)
requiring
	knowledge
	of
	an
	advanced
	type
in
	a
	field
	of
	science 	or
	learningcustomarily
	acquired
	by 	a
	prolonged
course
	of
	specialized
	intellectual
instruction
	and
	study 	in
	an
	institution
of
	higher
	learning
	or
	a
	hospital,
	as
distinguished
	from 	a
	general
	academic
education
	or
	from 	an
	apprenticeship
	or
from
	training
	in 	the
	performance
	of
routine
	mental,
	manual,
	or
	physical
processes;
	or
( 2) 	Any
	employee
	who: 	(
i)
	has
completed
	the 	courses 	of
	specialized
intellectual
	instruction
	and
	study
described
	in
	clause
	(iv)
	of
	paragiaph
(1),
	and
	(ii) 	is
	performing
	related
work
	under
	the 	supervision 	of
	a
professional
	person 	to
	qualify
	himself
to
	become 	a
	professional
	employee 	as
defined 	in 	paragraph
	(1).
In
	structuring 	units
	of
	CSUC
	employees,
	we
	have 	examined
the
	statutory 	directive
	and
	have
	sought
	to 	place
	employees
	with
an
	internal
	and
	occupational
	community
	of
	interest
	in
	an
appropriate 	unit.
	We
	have
	considered 	the
	effect
	various
	unit
configurations
	would 	have 	on
	the
	meet
	and
	confer
	relationships
in 	terms 	of 	both 	the 	employer's
	interest
	in
	efficient
	operation
of 	the 	educational
	system
	and
	terms 	of 	the 	employees'
interests
	in
	effective 	representation.
	While 	each
	statutory
criterion
	was
	considered 	in
	light
	of 	the 	evidence 	before 	the
Board,
	we
	stress,
	as
	we
	did 	in 	the 	unit 	determination 	decision
6

rendered 	for
	state
	employees 	under
	the
	State
	Employer-Employee
Relations
	Act
	(hereafter
	SEERA)
,5
...
	that
	such
	unit
	determination
	criteria
cannot
	be
	reviewed
	in
	isolation
	from
	one
another;
	indeed,
	there
	is 	substantialinterplay
	among
	the
	various
	criteria.
Therefore,
	all
	of
	the
	factors
	involved 	in
	a
given
	situation
	must
	be
	balanced
	against
	one
another.
	The
	result
	of
	any
	such
	balancing
process
	is
	that
	in
	a
	particular
	factual
setting
	some
	criteria
	are
	emphasized
	over
others
	while 	in
	a
	different 	setting
	theweight
	given 	the
	same
	criteria
	may 	be
altered.
The
	specific
	composition 	of
	two
	of 	the
	representation 	units
discussed
	and
	described
	below
	includes
	professional
	and
nonprofessional
	employees.
	As 	a
	result,
	the
	Board
	was
	required
to 	consider 	the
	statutory
	presumption
	of 	subsection
	3579(b)
	set
forth
	above.
	The
	presumption
	established
	by
	the
	statutory
language,
	however,
	is
	not 	conclusive
	and 	may 	be
	rebutted.
Pursuant 	to 	the
	statutory 	direction,
	we
	have
	considered
	the
criteria
	of 	subsection 	3579(a),
	and
	concluded
	that
	the
presumption
	has 	been
	rebutted
	and
	that
	the
	mixed
	units 	will
more
	effectively
	serve 	to 	the
	overall 	legislative
	purpose.
The 	Board 	has
	also 	considered
	and
	addressed 	herein 	various
exclusionary 	issues
	based 	on
	the 	alleged 	managerial 	or
supervisory 	status 	certain 	classifications.6
5
rn 	Re:
	Unit 	Determination 	for 	the 	State 	of 	California(11/7/79)
	PERB---Uec1s1on
~TT
- 	•	
--------
6
Managerial 	employees 	are 	excluded
	om
	coverage 	under
7

Managerial
	employee
	is
	defined 	in 	subsection
	3562(1),
	which
reads:
"Managerial
	employee"
	means
	any 	employee
having
	significant 	responsibilities
	for
formulating
	or
	administering
	policies
	and
programs.
	No
	employee
	or
	group
	of
	employees
shall
	be
	deemed
	to
	be
	managerial
	employees
solely
	because
	the
	employee
	or
	group
	of
employees
	participate
	in
	decisions
	with
respect
	to 	courses, 	curriculum, 	personnel
and
	other 	matters
	of
	educational 	policy.
	A
department
	chair
	or
	head
	of
	a
	similar
academic
	unit
	or
	program
	who
	performs
	theforegoing
	duties 	primarily
	on
	behalf 	of 	the
members
	of 	the
	academic
	unit
	or 	program
shall
	not
	be 	deemed
	a
	managerial
	employee
solely
	because
	of
	such
	duties.
Subsection
	3580.3
	of 	the
	Act
	defines 	supervisory
	employees
as
	follows:
"Supervisory
	employee"
	means
	any
	individualr
regardless
	of 	the 	job
	description
	or
	title,
having
	authority,
	in
	the
	interest
	of 	the
employer
	to
	hire, 	transfer,
	suspend,
	lay
off, 	recall,
	promote,
	discharge, 	assign,
reward, 	or
	discipline
	other
	employees,
	or
responsibility
	to
	direct
	them,
	or
	to
	adjust
their
	grievances, 	or
	effectively
	to
recommend
	such
	action,
	if,
	in 	connectionwith 	the 	foregoing, 	the
	exercise
	of
	such
authority 	is
	not 	of
	a
	merely
	routine
	or
clerical
	nature,
	but
	requires 	the
	use
	ofindependent 	judgment.
	With
	respect 	to
faculty
	or
	academic 	employees, 	any
department
	chair,
	head
	of
	a
	similar
	academic
unit
	or
	program,
	or 	other
	employee
	who
performs 	the 	foregoing
	duties 	primarily 	in
the
	interest
	of
	and 	on
	behalf 	of 	the
	members
of 	the
	academic 	department,
	unit
	or 	program,
shall
	not
	be 	deemed
	a
	supervisory
	employee
the
	Act 	in 	subsection 	3562(f). 	Supervisory 	employees 	have
limited 	rights
	as
	set 	forth 	in 	section
	3580
	et
	seq.
8

solely
	because
	of
	such
	duties;
	provided,
that
	with
	respect
	to 	the 	University
	of
California
	and
	Hastings 	College
	of 	the
	Law,
there
	shall
	be
	a
	rebuttable
	presumption
	that
such
	an
	individual
	appointed
	by
	the
	employer
to
	an
	indefinite
	term
	shall
	be 	deemed
	to
	be
a
	supervisor.
	Employees
	whose
	duties
	are
substantially
	similar
	to 	those 	of
	their
subordinates
	shall
	not
	be
	considered
	to
	be
supervisory
	employees.
The
	above-quoted
	statutory
	language
	essentially 	parallels
the
	definitions
	of 	managerial
	and
	supervisory
	employees
	as
found
	in
	SEERA.7	
We
	find
	no
	reason
	to 	depart
	from
	the
Board's
	conclusions 	regarding 	exclusionary 	issues
	as
	set
	forth
in 	In
	Re:
	Unit 	Determination
	for
	the
	State
	of
	California
(12/31/80)
	PERB
	Decision
	No.
	llOc-S.
	Thus,
	we
	conclude
	that
with
	respect 	to 	the 	exclusionary 	issues 	raised
	by
	the
	parties
to 	the
	instant
	case, 	the
	burden 	of
	proof
	rests
	with
	the
	party
asserting
	the 	claim
	that 	certain
	employees
	should
	be
	excluded
from
	coverage.
	We
	have
	also 	applied 	the
	disjunctive
interpretation
	of 	the
	statutory
	language
	requiring
demonstration
	that
	an 	employee 	meet
	only
	one
	of 	the
	specified
criteria
	for
	exclusion.
	We
	similarly
	have 	adopted
	the 	Board's
interpretation
	of 	the 	language
	"substantially 	similar" 	duties
7
"Managerial 	employees", 	as
	defined 	in
	section
	3522.1
	of
SEERA,
	refers
	to
	agency
	or 	department
	policies
	or 	programs,does
	not 	exclude 	decisions 	relevant 	to 	courses, 	curriculum,
personnel
	and
	other 	matters 	of 	educational 	policy,
	and
	does 	not
include 	reference 	to 	department 	chairpersons. 	Similarly,
supervisory
	employees 	as 	defined 	in 	section 	3522.l 	of
	SEERA
does 	not 	contain 	the 	department 	chairperson 	language 	of
	HEERA.
9

and
	the
	"use 	of 	independent
	judgment"
	and,
	to
	the
	extent
applicable
	to 	the
	higher 	education 	sphere, 	the 	Board's
interpretation
	of 	the
	enumerated
	exclusionary
	criteria.
Finally,
	the
	regional
	director
	has
	been
	instructed 	to
examine
	new
	classifications
	and
	reclassifications
	maae	
by	
CSUC
subsequent 	to 	the 	close 	of 	the
	record
	in
	this
	case
	and
	to 	place
such
	classes
	in
	the 	appropriate
	units
	in
	accordance 	with
	this
decision.
III.
UNITS
UNIT	
1:	
PHYSICIANS
The 	Board
	finds
	that
	a
	unit 	consisting
	of
	all
	physicians
employed
	by
	the
	California 	State
	University
	and
	Colleges
	is
appropriate.
	The
	unit 	consists
	of 	approximately
	200
	employees.
The
	strong
	internal
	and
	occupational
	community
	of
	interest
shared
	by
	the 	physicians,
	as
	indicated
	by
	their
	common
education,
	training,
	skills,
	duties,
	working
	conditions,
	and
pursuit
	of
	common
	goals, 	is
	separate
	and
	distinct
	from
	the
interests
	of 	other
	employees.
	Physicians
	have
	ethical
	and
legal 	responsibility
	for
	overall 	patient
	care
	and,
	by
	law,
their 	essential
	functions 	cannot
	be
	performed
	by
	others.
	In
pursuit
	of
	patient 	care, 	physicians 	are 	the 	pivotal
	employees
and
	all
	other 	patient 	care
	employees
	are 	subject 	to
	their
professional 	direction.
	Ohio
	Valley 	Hospital 	Association
10

(1977)
	230
	NLRB
	604 	[95
	LRRM
	1430].
	Because
	of
	this
	inherent
"supervisory"
	authority,
	a
	potential 	conflict
	of
	interest
	with
members
	of 	the
	medical
	support
	unit
	exists.
	Furthermore,
potential 	conflict
	between
	physicians
	and
	other
	employees
exists
	because
	doctors 	frequently
	have
	raised
	patient
	care
issues
	during
	meet
	and
	confer
	discussions
	with
	the
	CSUC
	rather
than 	the
	wages,
	hours,
	and 	more
	traditional
	concerns 	of
collective
	negotiating.
Under
	the 	National
	Labor
	Relations
	Act
	(hereafter
	NLRA)8
and
	the
	Myers-Milias-Brown
	Act,9	
professional
	employees
	can
unilaterally
	decide 	to
	be
	represented
	in
	a
	unit
	comprised
solely
	of
	professionals.
	Physicians
	traditionally
	have 	been
placed 	in 	professional 	units
	composed
	solely
	of
	physicians
(Ohio
	Valley 	Hospital 	Association,
	supra) 	or 	in
	units
	shared
with
	other
	medical 	doctor
	classifications
	such
	as
	dentists.10
Likewise,
	this
	Board,
	in 	the
	unit
	determinations
	under
SEERA,
	has
	determined
	that
	a
	separate 	unit
	of
	physicians,
dentists
	and
	podiatrists 	is
	appropriate 	for
	representation
	and
that
	these
	employees
	should 	not
	be
	included 	in
	a
	broad
	medical
services 	unit.
	In
	Re:
	Unit 	Determination 	for 	the
	State 	of
8
The
	NLRA
	is 	codified 	at
	29
	u.s.c.
	section
	151
	et
	seq.
9
This 	Act
	is 	codified 	at 	section
	3500
	et
	seq.
10
rn
	its
	determination, 	the 	National
	Labor
	RelationsBoard
	(hereafter
	NLRB) 	made
	findings 	as 	to 	the
	community
	of
interest 	criteria 	similar 	to 	this
	Board.
11

California,
	supra.
	HEERA
	and
	SEERA
	each
	creates
	a
	rebuttable
presumption
	that
	professional
	and
	nonprofessional
	employees
shall
	not
	be
	included
	in
	the
	same
	unit.
	For
	the
	reasons
outlined
	above,
	the
	Board
	finds
	that
	in
	this
	case 	the
presumption 	has 	not
	been
	rebutted.
Physicians
	should
	not
	be
	included 	in
	a
	unit
	with 	academic
employees.
	Doctors
	have
	little
	interaction
	with
	these
employees
	in
	that
	they
	do
	not
	belong
	to 	the
	academic
	senates
	or
otherwise 	share
	in
	university
	governance.
	Although
	some
doctors 	occasionally 	teach,
	those
	duties
	are
	minimal
	and
incidental
	to
	their
	patient-care
	functions.
	Most
	physicians
are 	in
	a
	workweek
	group
	that
	does
	not 	receive
	overtime
compensation 	or
	shift 	differentials.
	Unlike 	tenured
	facultyf
they 	are 	not
	eligible
	for
	sabbatical
	leave.
	Since
	the
mid-1970's, 	the
	CSUC
	physicians
	have 	had
	a
	history
	of
	separate
representation.
	Associations
	comprised
	exclusively
	of
physicians
	have
	met 	and
	conferred
	with
	university
	management
and
	have 	conducted
	regular 	organized 	meetings
	to 	discuss 	health
service
	problems
	and
	policies.
	We
	therefore 	find
	it
appropriate 	to 	place 	physicians 	in
	a
	unit 	separate
	from
academic 	employees.
Although
	veterinarians 	are 	not 	responsible
	for
	student
health 	care 	delivery, 	they,
	like 	physicians, 	are 	required 	to
undergo 	four 	or
	more
	years 	of 	rigorous
	scientific
	and
	medical
12

training
	after
	undergraduate
	schooling. 	Neither
	group
instructs
	CSUC
	students
	as
	a
	regular
	part
	of
	their 	duties.
Thus,
	the
	veterinarians
	share
	a
	greater
	community
	of
	interest
with
	the
	medical
	doctors
	than 	with
	members
	of
	any
	of
	the
	other
three 	units 	established
	by
	this
	decision.
	For
	this
	reason,
	it
is
	appropriate
	that
	they
	be
	placed 	in
	this 	unit.
Exclusions
	-
	Unit
	1
Medical
	Officers
	III
Medical
	officers
	III
	are 	the
	medical
	directors
	of
	CSUC's
student 	health 	centers.
	They
	are 	responsible
	for
	formulating
and
	administering
	a
	comprehensive
	on-campus
	student 	health
program.
	They
	hire
	employees
	and
	supervise 	the
	work
	of
	all
staff
	physicians,
	nurses
	and
	technicians 	in
	X-rayr
	physical
therapy
	and
	pharmacy.
	All 	of 	these
	job
	duties
	and
responsibilities
	indicate
	a
	key
	role
	in 	formulating
	and
administering 	the 	student 	health 	center
	programs
	of
	CSUC.
Thus,
	this 	classification 	is
	excluded 	as
	managerial 	and/or
supervisory.11
11The
	parties
	did 	not 	contest 	the 	hearing
	officer's
recommendations 	concerning 	the 	placement 	of
	this 	classification
as
	well
	as
	the
	placement 	of 	the 	resident 	director, 	educational
television
	manager,
	educational 	television 	station
	program
director,
	evaluation 	technician
	II,
	medical
	officer 	II,
registered
	nurse
	IV
	and
	supervising 	registered 	nurse
	III.
	For
this
	reason
	and
	consistent
	with
	many
	of 	the 	policy 	reasons
	setforth 	in 	her
	dissent 	in Antelope Valley
	Community
	College
District
	(6/25/81)
	PERE
	Decision
	No.
	168,
	Member 	Moore
	did 	not
address 	these 	exclusions.
13

Medical
	Officers
	II
Medical
	officers 	II
	spend
	half 	their
	time
	supervising
physicians,
	nurses, 	lab
	technicians,
	radiology
	technicians,
pharmacists
	and
	physical
	therapists.
	They
	prepare
	formal
evaluations
	of
	physicians
	as
	necessary
	and
	assist
	medical
directors
	in
	hiring
	staff.
	These
	job
	duties 	indicate
significant
	independent
	authority
	to 	supervise
	employees
	within
the
	unit
	and,
	thus,
	medical
	officers 	II
	are
	excluded
	as
supervisory.
UNIT
	2:
	HEALTH 	CARE 	SUPPORT
The 	Board
	finds
	that
	a
	unit
	including
	professional
	and
certain
	nonprofessional
	health 	center
	employees,
	but 	excluding
medical
	doctors,
	is
	appropriate
	for
	representation.
	This
	unit
comprises
	more
	than
	350
	employees
	in
	19
	classifications
	who
work
	in 	the
	universities'
	health 	centers
	and
	provide
	students
with
	out-patient
	medical
	services.
Based 	on
	the 	record, 	the
	Board
	finds
	that
	the
	presumption
that
	professional
	and
	nonprofessional
	employees
	shall
	not
	be
placed 	in
	the
	same
	unit 	is
	rebutted
	by
	several 	considerations.
The
	strong
	community
	of
	interest
	among
	these 	health 	center
employees
	is
	a
	particularly
	persuasive 	factor.
	With
	only
	few
exceptions,
	all
	are
	involved 	in
	direct 	patient 	care, 	providing
functionally 	related 	services 	in 	the 	diagnosis, 	treatment
	and
maintenance 	of 	student 	health.
	Job
	duties
	range 	from
	routine
inoculations 	through 	laboratory
	and 	X-ray 	procedures 	to 	nursing.
14

While 	each
	classification
	may
	require
	different
	levels 	of
training
	and
	academic
	qualification,
	the
	vast 	majority
	of
	these
employees
	are
	required 	to
	have
	either
	a
	license
	to
	practice
	or
a
	certificate
	in
	specific 	fields
	of
	medical
	expertise.
	All
	of
the
	employees
	placed 	in
	this
	unit
	work
	under
	the
	common
supervision
	of
	a
	medical 	doctor 	in
	charge
	of
	each
	campus
center.
	Funding
	of 	the
	health 	centers
	is
	provided 	through
student
	fees
	rather
	than
	by
	legislative
	appropriation, 	the
predominant
	source 	of
	university
	revenues.
The
	record 	provides
	no
	evidence
	that
	the
	established 	unit
would
	have 	an
	unfavorable
	impact
	on
	the
	meet
	and
	confer
relationship
	or
	the
	efficiency
	of
	the 	employer's
	operations.
While
	it
	may
	not
	be
	inherently 	contrary 	to 	the
	statutory
criteria
	to 	divide 	the
	employees
	into 	separate 	professional
	and
nonprofessional
	units, 	their
	combination 	in
	a
	single 	unitl2
certainly
	enhances
	the
	availability
	and
	authority
	of
	employer
representatives
	to 	deal 	with 	the
	negotiating 	issues 	that
	may
	be
presented
	and
	avoids
	an
	unnecessary
	proliferation
	of
	units
which, 	in
	this
	case,
	would 	be
	exceptionally
	small 	in
	size.
	The
discrete,
	non-academic
	function 	of 	the
	health 	center 	argues
both 	in 	favor 	of 	the 	establishment 	of
	this 	unit
	and
	against 	the
12
simply 	omitting 	the 	nonprofessional
	employees 	from
	the
established 	unit
	could
	result
	in
	their 	ultimatedisenfranchisement
	from
	the 	negotiating 	process,
	an 	unwarranted
result
	in 	view 	of 	the 	strong 	factors 	favoring 	their 	inclusionwith 	the 	professional
	employees.
15

inclusion 	of 	these 	employees 	in 	any 	of 	the 	other 	units
established 	by 	this 	decision.
However, 	contrary 	to 	the 	Retail 	Clerks 	Union's 	petition 	to
include 	all 	health 	center 	employees 	in 	one 	unit, 	we 	find 	that
health 	center 	clerical 	employees 	are 	properly 	excluded 	from
this 	unit. 	These 	employees 	are 	not 	involved 	in 	direct 	patient
care 	nor 	are 	their 	skills 	or 	job qualifications 	medically
oriented. 	Their 	job 	duties 	are 	those 	typically 	identified 	with
office 	workers: 	typing, 	stenography, 	bookkeeping, 	business
machine 	operation, 	filing, 	etc. 	The 	evidence 	reveals 	that
health 	center 	clerical 	employees 	are 	also 	functionally
interchangeable 	with 	clerical 	employees 	in 	other 	departments 	of
the 	university 	and 	do, 	unlike 	medical 	personnel~ 	transfer 	to
other 	departments 	outside 	the 	health 	center. 	No 	professional
or 	technical 	licensure 	or 	certification 	is 	required 	of 	the
clerical 	workers. 	Further, 	they 	are 	part 	of 	a 	different
occupational 	group13 	and 	are 	in 	a 	different 	workweek 	group
from 	the 	included 	medical 	support 	employees.
We 	do 	include 	in 	this 	unit 	the 	health 	records 	technician
(1140) . 14 According 	to 	the 	job 	description 	submitted 	in
evidence, 	Exhibit 	160-E-7, 	employees 	in 	this 	classification
13we 	conclude, 	for 	all 	the 	reasons 	discussed 	above, 	that
the 	evidence 	has 	not 	rebutted 	the 	presumption 	that 	all
employees 	within 	an 	occupational 	group 	shall 	be 	in 	one 	unit.
14we 	disagree 	with 	the 	hearing 	officer's 	recommendation
that 	this 	classification 	be 	placed 	in 	a 	clerical 	unit.
16

serve
	as
	a
...
	resource
	for
	knowing
	the
	latest
	legal
and
	technical
	aspects
	of 	medical 	records
management 	and
	uses
	knowledge
	and
	skills
acquired
	through
	specialized 	training
	or
experience
	...
Health 	record
	technicians
	are 	required 	to 	possess
	a
	thorough
knowledge
	of 	medical 	terminology
	and
	an
	ability
	to
	read
	and
understand
	written
	medical
	reports.
	Included 	in
	minimum
qualifications
	for 	appointment
	is 	either
	one
	year
	of 	experience 	in
an
	acute
	hospital
	or
	doctor's 	office
	or 	completion
	of 	eleven
semester
	units
	in
	anatomy,
	medical 	record
	science,
	and
	health
information
	systems.
	Thus,
	although 	these
	employees 	have
	and
	use
clerical 	skills,
	their
	specialized
	job 	requirements
	and
qualifications
	and
	their 	interaction
	with
	the
	professional
	and
technical
	staff 	justifies
	their
	inclusion
	in
	this 	unit.
Inclusions
	-
	Unit
	2
Supervising 	Registered
	Nurse
	III:
The
	employer 	has
	claimed
	that 	this 	position 	is 	supervisory,
	but
it
	has 	not
	met
	its
	burden
	to
	prove
	that
	supervising
	registered
nurses
	III
	(SRN
	III) 	actually
	perform
	supervisory 	functions.
Although
	there
	was
	evidence
	that
	the
	SRN
	III
	performed
	the
duties
	of
	the 	registered
	nurse
	IV
	in 	the
	latter's
	absence, 	there
was 	no
	indication
	how
	often 	these 	duties
	were 	performed.
	SRN
	III
are 	also 	in 	charge 	of 	continuing 	education, 	but 	there
	was 	no
evidence
	that 	the 	duties
	connected 	with
	this 	responsibility
involved 	supervisory 	or 	managerial 	functions.
17

Since 	the
	record
	does
	not 	provide
	sufficient
	facts
	which
demonstrate
	that
	SRN
	III
	are
	either
	supervisory
	or
	managerial,
	we
include
	them
	in
	the 	Health
	Care
	Support
	Unit.
Exclusions
	-
	Unit
	2
Registered
	Nurse
	IV
Registered 	nurses
	IV
	are
	the
	directors
	of
	nursing
	services.
Directors
	spend 	minimal 	time
	on
	direct 	patient 	care,
	but 	instead
spend
	over
	90
	percent
	of
	their
	work
	time
	engaged
	in
	the
	overall
direction
	and 	management
	of 	nursing
	services. 	Directors
	establish
and
	maintain 	nursing
	standards,
	policies
	and
	procedures 	for
planning,
	directing,
	coordinating
	and
	evaluating 	the
	work
	of 	the
nursing 	personnel.
	They
	also 	hire
	and
	train
	all
	new
	nursing
personnel
	and
	prepare
	work
	schedules 	for
	them. 	These
	duties
indicate 	that
	the
	registered
	nurse
	IV
	has
	significant
	independent
responsibility
	to 	formulate
	a
	nursing
	program
	and
	administer
	it,
which
	warrants 	excluding
	them
	as
	managerial.
UNIT
	3:
	FACULTY
After 	careful 	consideration 	of 	the 	evidence
	and
	the
	arguments
of 	the
	parties,
	and
	the
	recommendations
	of 	the 	hearing
	officer,
	we
have
	concluded
	that
	the 	purposes
	and
	policies
	embodied
	in
	HEE
RA
will
	be
	best 	served
	by
	placing
	all
	instructional 	faculty, 	full-time
and
	part-time,
	tenured
	and
	non-tenured, 	including 	coaches
	and
librarians,
	together 	in
	a
	comprehensive
	unit.
In 	reaching
	this 	conclusion,
	we
	give 	due 	weight 	to 	the
statutory
	presumption 	against 	splitting
	occupational 	groups
18

expressed 	in
	subsection
	3579(c). 	In
	the
	absence
	of
	any
	legislative
indication
	that
	the
	term
	"occupational 	groups,"
	is
	a
	term
	of
	art,
or 	has
	any
	special
	meaning
	in
	the
	CSUC
	personnel
	scheme,
	we
	have
attributed
	to
	it
	its
	generic
	meaning.
	We
	thus 	find
	that
instructional
	faculty
	constitute
	an
	occupational
	group
	within
	the
meaning
	of
	subsection
	3579(c).
	Because
	we
	do
	not
	find
	that
	a
preponderance
	of
	evidence
	indicates 	that
	a
	single 	unit 	of
instructional
	faculty
	is
	inconsistent
	with
	the
	community
	of
interest
	criteria
	set
	forth
	at
	subsection
	3579(a), 	or
	is
	otherwise
inconsistent
	with
	the
	purposes
	of
	HEERA,
	we
	conclude
	that
	the
presumption
	has
	not
	been
	rebutted
	and
	hence
	that
	a
	comprehensive
instructional
	faculty 	unit
	is
	appropriate
	for
	meeting
	and
conferring.
	Moreover, 	as
	will
	be
	demonstrated
	by
	the 	discussion~
infra,
	we
	would
	so 	conclude
	on 	community
	of
	interest
	grounds,
	even
absent 	the
	statutory
	presumption.
The
	record
	indicates 	that 	instructional 	faculty
	in 	the
	CSUC
system
	fall
	into 	three 	basic
	groups.
	These
	are 	tenured
	and
tenure-track, 	full-time
	temporary,
	and
	part-time
	temporary
faculty.15	
We
	find
	that 	substantial
	community
	of
	interest
factors
	are
	common
	to
	all
	three
	groups.
15There
	are 	very
	few
	part-time 	tenured 	faculty
	members.The
	record
	reflects 	that
	they 	share
	a
	community
	of
	interest
with
	full-time
	tenured 	faculty.
	Thus, 	they 	will 	not
	be
discussed 	separately.
19

Central
	to
	our
	determination
	is
	the
	fact 	that
	all
	groups
"perform
	functionally-related
	services
	or
	work
	toward
es
t a
bl
1s
	. 	h e d 	common 	g o a
ls
....
11
16	
All
	faculty
	groups
	share
instruction
	of
	students
	as
	their
	primary
	function
	and
	goal,
which
	provides
	them
	with
	a
	substantial
	community
	of
	interest
	in
itself.
All
	faculty
	are 	supervised
	by
	means
	of
	a 	common
	scheme
carried
	out
	by
	department
	chairs
	and
	departmental 	committees.
The
	essential
	supervisory 	function 	operates 	in
	substantially
the
	same
	manner
	vis-a-vis
	tenured,
	full-time
	temporary,
	and
part-time
	temporary
	faculty.
All
	types 	of
	faculty
	have
	classroom
	teaching
	as
	their
primary 	function.17	
The
	primary
	skill
	which 	must
	be
possessed
	by
	all
	faculty 	is 	that
	of 	teaching.
	Similarly,
teaching
	ability 	is
	a
	primary
	qualification
	for
	employment
	and
retention
	of
	all
	faculty.
	The
	record
	reflects 	that
	advanced
degrees 	are 	preferred
	as
	a
	basic
	qualification
	for
	all
faculty.18
16
section
	3579 (a)
(1).
17
while 	tenure-track 	faculty
	perform
	additional 	duties
such 	as
	research, 	scholarly 	writing,
	and
	extensive 	counseling
not
	performed
	by
	temporary
	faculty, 	teaching 	occupies 	the 	great
majority 	of
	their
	work
	time.
18At
	the 	time 	of 	the 	hearing, 	approximatelv
	50
	percent 	of
part-time
	temporary
	faculty
	had
	masters 	degrees, 	that
	33
percent
	were
	enrolled 	in 	an 	advanced 	degree 	program,
	and
	thatapproximately
	16
	percent
	had
	doctorates.
	At
	that 	time,
approximately
	32
	percent 	of 	full-ti.me 	temporary 	faculty
	and 	75
percent 	of 	tenured 	faculty
	had
	doctorates.
20

All 	faculty
	groups
	are
	entitled
	to
	grievance
	and
arbitration
	procedures, 	including
	binding
	arbitration,
	after
one
	full
	term.
	(The
	only
	exception
	is 	that
	part-time
temporaries 	are 	not
	entitled
	to
	peer
	review
	of
	such
	matters.)
All 	faculty
	groups
	are
	salaried.
	The
	tenured
	faculty
	pay
scale 	constitutes
	a
	base,
	with
	full-time
	and
	part-time
temporary
	faculty
	receiving
	a
	pro
	rata
	increment
	thereof,
determined
	by
	the
	extent 	to
	which
	they 	teach
	a
	full-time
	course
load.
History
	of
	representation 	is
	a
	statutory
	factor
	to
	be
considered.
	As
	with
	pre-Educational
	Employment
	Relations
Act
1 9	
meet
	and
	confer
	relationships
	in 	school
	districts
governed
	by
	that
	statute,
	we
	find
	it
	appropriate 	to
	accord
history
	of
	representation 	lesser
	weight 	where, 	as
	here,
	it
	took
place 	prior
	to
	application
	of
	HEERA.
	Further,
	we
	do
	not
	find
sufficient
	evidentiary 	basis
	in
	this
	record 	to 	give
	prior
representational 	history
	among
	faculty 	substantial
	weight
	in
arriving 	at
	a
	unit
	determination.20
The
	factors
	noted
	above
	indicate
	a
	substantial
	community
	of
interest
	shared
	by
	all
	faculty
	members. 	While
	we
	note
	that
there 	are
	community
	of
	interest 	factors
	which
	differ
	from
	group
to 	group,
	we
	do
	not 	find
	them
	sufficient
	to
	outweigh 	the
19 The
	Educational
	Employment
	Relations
	Act
	is 	codified 	at
section
	3540
	et
	seq.
2
0Figures 	which 	would
	indicate 	the 	extent 	to 	which
faculty
	members 	belong 	to 	the
	same 	employee
	organization
	were
inconclusive. 
21

substantial 	similarity
	between
	all
	faculty
	groups.
	Thus,
tenured
	faculty
	share
	similarities
	with
	full-time
	temporary
faculty
	which
	are
	not 	shared
	by
	part-time
	temporary
faculty.2l	
By
	the
	same
	token,
	the
	tenured
	faculty
	share
community
	of
	interest
	indicia
	possessed
	by
	neither
	full-time
nor
	part-time
	temporary
	faculty.22
Upon
	due
	consideration
	of 	shared
	community
	of
	interest
factors
	which
	tend
	to
	differentiate
	various
	faculty
	groups,
	we
conclude
	that
	none
	of 	these
	differences
	merits
	splitting
faculty
	along
	either
	tenured/non-tenured
	or
	full-time/part-time
lines.
	Rather,
	we
	find
	that
	the
	community
	of
	interest 	indicia.
considered
	as
	a
	whole,
	mandate
	placing
	all
	instructional
faculty 	together.
The
	parties
	placed
	substantial
	emphasis
	on
	the
	importance
of
	participation
	by
	faculty
	in
	university
	governance.
	As
21
For 	example, 	both 	tenured
	and
	full-time
	temporary
faculty
	teach
	full-time,
	hold
	no
	outside
	employment,
	are
	full
members
	of 	the 	state-wide
	academic
	senate
	and
	are 	hired
	by
means
	of
	an
	extensive 	nation-wide 	job 	search.
	In
	contrast,part-time
	temporary
	faculty
	teach
	between 	one 	and
	three
classes,
	commonly
	hold
	outside
	employment,
	participate
	to
	a
lesser
	extent 	in
	university
	governance,
	and
	are 	generallychosen
	by 	means
	of
	a
	local
	job 	search.
22
Thus,
	tenured 	faculty
	can 	expect 	to
	be
	retained
indefinitely,
	barring 	misconduct,
	and
	are 	selected 	for
	layoff
strictly
	in 	reverse 	seniority
	order
	after 	all
	temporary
	faculty
have 	been
	laid 	off.
	In
	contrast,
	temporary
	faculty, 	full-time
and
	part-time 	are 	selected 	for 	layoff
	based 	on
	merit, 	without
regard 	to
	seniority,
	and
	are 	laid 	off 	prior 	to
	any
	tenured
faculty.
	They
	enjoy
	no
	expectation 	of 	continued 	employment
beyond
	the 	term 	for
	which
	they 	have 	been
	hired.
22

noted
	above,
	faculty
	groups
	participate
	to
	varying
	degrees 	in
the
	state-wide
	and
	local
	academic
	senates,
	and
	in
	departmental
committee
	structures.
All
	full-time 	faculty, 	regardless
	of 	tenure
	status,
	are
eligible
	to
	vote 	for
	and
	serve 	as
	members
	of 	the
	state-wide
Academic
	Senate
	which
	serves
	as
	the 	policy
	voice 	of 	the
	faculty
of
	CSUC
	on
	matters
	of
	system-wide
	concern, 	formulating
	and
expressing
	the
	faculty's
	policies
	and
	making
	recommendations
thereon 	to
	the
	chancellor
	and
	trustees
	of
	CSUC.
	Part-time
temporary
	faculty
	are 	not
	eligible.
The
	Senate
	operates
	both
	informally
	and
	formally.
	For
example, 	Senate
	representatives
	have
	met
	informally
	with
	CS
UC
administration 	representatives
	to 	transmit
	the
	faculty
1 s
	salary
recommendations
	for
	presentation
	to 	the
	Governor.
	The
	chair
	of
the
	state-wide
	Senate 	played
	an
	active 	role
	in 	the
	legislative
process
	which
	resulted
	in
	the
	drafting
	of
	HEERA.
	The
state-wide
	Senate
	is
	involved 	in 	the
	CSUC
	internal
	budget
process
	as
	well,
	making 	recommendations
	to 	the 	Chancellor
	and
Trustees
	following 	the 	submission 	of 	budget
	requests
	by
	the
individual
	campuses. 	Formally, 	the 	Senate 	meets
	at 	least
	twice
a
	year
	and
	elects
	a
	chair, 	officers,
	and 	an
	executive
	committee
which
	acts
	for 	the
	full
	Senate
	on
	matters 	requiring 	action
between
	full
	Senate 	meetings.
	The
	Senate 	also 	functions 	by
means
	of
	a
	number
	of 	standing 	committees.
	The
	Faculty Affairs
Committee,
	also
	known
	as 	the 	Retention, 	Promotion, 	and 	Tenure
23

Committee,
	makes
	recommendations
	regarding
	selection,
retention,
	and
	promotion
	of
	academic
	personnel 	(including 	but
not
	limited
	to
	instructional 	faculty),
	grievances
	and
	appeals,
salary
	and
	benefits,
	and
	academic 	freedom
	issues.
	The
	Credit
and
	Curriculum
	Committee
	makes
	recommendations
	on
	such
	matters
as
	credit
	by
	examination
	and
	curriculum
	development.
	The
Education
	Policies
	Committee
	recommends
	er
i
te
r
ia
	for
	state
approval 	of
	specific 	curricula,
	programs
	or
	degrees,
	admissions
requirements,
	grading
	standards,
	and
	general 	educational
program
	policies.
The
	campus
	academic
	senates 	operate
	much
	like
	the
state-wide
	body,
	except
	that
	they
	deal
	with
	campus
	issues
	and
make
	recommendations
	to
	the
	campus
	presidents.
	Generally,
full-time
	temporary
	faculty
	as
	well
	as
	tenured
	and
	tenure-track
faculty
	are
	eligible
	to 	vote 	for
	and
	serve
	as
	members
	of
	campus
senates.
The
	eligibility
	and
	participation 	rights
	of
	part-time
temporary
	faculty 	are 	less
	well-defined.
	Apparently
	on
	some
campuses
	they
	have
	limited 	voting
	rights,
	have
	served 	as
representatives,
	and
	have 	been
	appointed 	to
	campus
	senate
committees.
It
	is 	clear
	from
	the 	record
	that 	the
	academic
	senates,
	both
state-wide
	and 	campus,
	are 	important 	bodies
	which
	formulate
	and
express 	faculty 	positions
	on 	campus 	and
	system-wide
	issues
24

relating
	to 	educational 	policy,
	personnel
	and
	budgetary
matters.
	However,
	the 	record
	does
	not
	reflect
	the
	extent
	to
which
	the
	recommendations
	expressed
	by
	the
	academic
	senates 	are
effective.
	Evidence
	indicates 	that
	the
	Chancellor
	and
	Trustees
often
	ignore 	the
	state-wide
	senate's
	recommendations
	on
	various
matters.
	We
	are
	unable
	to 	conclude,
	on
	the 	basis
	of
	this
record, 	to
	what
	extent
	the
	senates'
	recommendations
	are
followed
	by
	CSUC
	administration.
Because
	the
	membership 	and
	participation 	rights
	of
	faculty
members
	in 	the
	campus 	and
	statewide
	academic
	senates
	do
	not
fully
	conform
	to
	their 	status
	as
	tenured, 	full·-time 	temporary,
or
	part-time
	temporary
	faculty,
	and
	because
	of 	the
	lack
	of
evidence 	regarding 	the
	effectiveness
	of 	the
	senates' 	role 	in
governance,
	we
	do
	not 	find
	that
	the
	degree
	to
	which
	faculty
participate
	in 	these
	governance 	bodies 	provides
	a
	basis 	for
splitting
	faculty
	along
	such
	lines.23
With
	respect 	to
	participation
	in 	departmental 	committees,
the 	record
	reflects 	that
	while 	tenured
	faculty
	participate
fully
	in
	such 	committees, 	the 	degree 	of
	participation
	by
	both
full-time
	and
	part-time
	temporary
	faculty 	varies 	greatly
	among
23we
	note
	further 	that
	while
	HEERA
	provides
	at 	subsection
3579(e)
	that
	in 	the 	University 	of
	California
	system
	units
	must
be 	drawn
	along
	lines 	concurrent 	with
	lines
	of 	academic
	senate
membership, 	such 	language 	with 	respect 	to
	CSUC
	is
	conspicuous
by
	its
	absence.
	We
	take
	this
	as 	an
	indication 	that 	the
Legislature 	did 	not 	consider
	membership
	in 	the
	CSUC
	Academic
Senate 	to
	be 	a
	conclusive 	unit 	determination 	factor.
25

campuses 	ana
	departments. 	Extent 	of
	such
	participation
	is
clearly
	or
	uniformly
	established
	along
	lines
	of
	faculty
	status
as
	tenured,
	full-time
	temporary,
	or
	part-time
	temporary, 	so
	as
to 	provide
	a
	basis
	for
	splitting
	instructional
	faculty
	along
lines
	of
	participation
	in
	departmental
	governance.
In
	his
	recommendations,
	the
	hearing
	officer
	found
	that
possession 	of
	tenure,
	or
	lack
	thereof,
	was
	an
	overriding
community
	of
	interest
	factor.
	Tenured
	and
	tenure-track 	faculty
have
	a
	greater 	expectation
	of 	continued
	employment
	than
	do
temporary
	faculty, 	full-time
	or
	part-time,
	but
	we
	do
	not 	find
this
	to
	be
	a
	difference
	which
	would
	threaten
	the
	meet 	and
confer
	relationship.
	While
	tenure
	is
	an
	important
	condition
	of
employment,
	we
	do
	not 	consider
	it
	so 	important
	as
	to
	overcome
the
	community
	of
	interest
	which
	exists
	between
	tenured
	and
non-tenured
	faculty.
Whereas
	certain 	interests
	and
	goals 	of 	tenured
	faculty 	will
undeniably
	differ
	from
	those 	of 	non-tenured
	faculty,
	the
overriding
	shared
	community
	of
	interest
	among
	all
	instructional
faculty 	will,
	in 	our 	judgment,
	prevent
	such
	differences
	from
unduly 	burdening 	the
	meet
	and
	confer 	process.
	This
	is
particularly 	true
	because,
	by
	statute,
	many
	areas 	of
	potential
conflict
	between
	tenured
	and
	non-tenured 	faculty
	members
	have
been
	explicitly
	removed 	from
	the
	scope
	of 	representation.24
24
Thus, 	the 	statute 	provides, 	at 	subsection 	3562(r):
For 	purposes 	of 	the 	California StateUniversity
	and
	Colleges 	only, 	"scope 	of
26

Further,
	the
	Legislature
	considered
	it
	so
	important
	to 	preserve
the
	existing
	procedures 	for 	appointment, 	promotion,
	retention,
and
	tenure 	of
	academic 	employees
	that
	it
	embodied
	this
	goal
	in
its
	expression
	of
	HEERA's
	purpose.25
The
	NLRB
	has
	consistently
	declined 	to 	separate
	employees
with
	terminal
	contracts,
	such
	as
	the
	non-tenured
	faculty
	of
CSUC, 	from
	those
	with
	open-ended
	employment
	relationships.
Even
	if
	a
	probationary
	or
	temporary
	faculty
member
	has
	his
	expectation
	of
	future
employment
	clearly
	established
	by
	terms
	of
	a
written 	contract, 	nevertheless,
	it
	is
	clear
that
	he
	continues 	to 	share
	a
	community
	of
interest
	with
	other
	faculty
	members
	before
representation"
	means,
	and
	is
	limited 	to,
wages,
	hours 	of
	employment, 	and
	other
	terms
and
	conditions 	of
	employment.
	The
	scope
	of
representation
	shall
	not 	include:
(4)
	Criteria
	and
	standards 	to
	be
	used
	for
the
	appointment, 	promotion,
	evaluation,
	and
tenure 	of
	academic 	employees,
	which
	shall
	be
the
	joint 	responsibility
	of
	the
	academic
senate
	and
	the
	trustees.
	The
	exclusive
representative 	shall
	have
	the
	right
	to
consult
	and 	be
	consulted
	on
	matters
	excluded
from
	the
	scope
	of
	representation 	pursuant 	to
this
	paragraph.
	If
	the
	trustees
	withdrawany
	matter 	in
	this
	paragraph
	from
	the
responsibility
	of 	the
	academic
	senate, 	the
matter
	shall
	be
	within 	the
	scope
	of
representation.
5	2	
subsection 	356l(b) 	provides, 	in
	pertinent
part:
...
	The
	principle 	of 	peer 	review 	of
appointment, 	promotion,
	retention,
	and
tenure 	for 	academic 	employees
	shall
	be
preserved.
27

his 	contract 	terminates.
	Fordham
University
(1974) 	214
	NLRB
	971
	at
	975-[87
	LRRM
	1641T.-
In 	accord
	is
	Board
	of
	Trustees, 	University
	of Massachusetts
	and
Massachusetts
	Society
	of
	Professors/Faculty
	Staff
	Union,
MTA/NEA,
	et 	al.
	(10/15/76)
	3
	MLC
	1179,
	wherein
	the
Massachusetts
	Labor
	Relations
	Commission
	rejected
	the
contention
	that
	non-tenured
	faculty
	lacked
	a
	sufficient
community
	of
	interest
	with 	tenured
	faculty
	by
	virtue
	of
	their
limited 	expectation
	of 	continued
	employment 	and
	placed
	them
with 	tenured
	faculty.
On
	the 	basis
	of
	the
	above
	and
	the 	record
	as
	a
	whole,
	we
	are
persuaded
	that
	it
	is
	appropriate 	to 	place
	tenured
	and
non-tenured
	faculty 	together 	in
	a
	faculty 	unit
	with
	librarians
and
	coaches.
Librarians
In
	addition
	to 	the 	tenured,
	full-time
	temporary
	and
part-time 	faculty
	members,
	this
	unit 	also
	shall
	include
	all
professional
	librarians.
	These 	employees
	hold
	an
	advanced
degree 	in
	library
	science.
	Although
	they 	are
	funded
	separately
from
	CSUC
	faculty
	and
	are 	not
	on
	the
	same
	salary
	schedule 	as
faculty
	members,
	both 	groups 	accrue
	salary 	increases
	as
	a
result
	of 	promotion
	rather
	than
	reclassification. 	Librarians
accrue 	vacations 	in 	the
	same 	manner 	as 	the 	faculty.
	Like
faculty, 	librarians
	are 	ultimately 	supervised
	by
	the 	academic
vice 	presidents
	and
	enjoy membership
	in 	the 	state-wide
	and
local
	academic 	senates
	and 	campus
	committees. 	Both 	groups
28

utilize
	the
	same
	grievance
	and
	disciplinary
	procedures.
Librarians
	are
	typically
	listed
	among
	the
	faculty
	in
	campus
directories.
	Libarians 	are
	eligible
	for 	tenure, 	are
	selected
after
	a
	nation-wide
	search
	and
	are
	evaluated
	by
	their
	peers
based
	on
	their
	job 	performance 	as
	librarians
	as
	well
	as
	their
publication
	and
	research
	achievements.
The
	primary
	distinction
	between
	librarians
	and
	other
faculty 	unit
	members
	is
	the
	relatively
	smaller
	degree
	of
instruction
	provided
	by
	them
	to
	the
	CSUC
	student
	body.
Although
	librarians
	are 	not
	primarily
	instructional
	personnel,
some
	teach
	classes
	on
	subjects
	such 	as
	library 	orientation
	and
bibliographic
	instruction,
	and
	they
	participate
	in 	classroom
instruction
	as
	guest
	lecturers,
	team
	teachers
	and
	substitutes,
Librarians
	give
	student 	tours
	of
	the
	facilities
	and
	prepare
written 	instructional 	materials. 	Librarians 	also
	have
	regular
interaction
	with 	the
	instructional 	faculty 	insofar
	as
	they
assist
	faculty
	members
	in
	information
	retrieval, 	select
	books
and
	periodicals
	for 	classroom 	use
	and
	aid 	in
	the
	development 	of
special 	collections.
In 	the 	vast 	majority 	of 	cases 	decided 	under
	the
	NLRA,
professional 	librarians
	have 	been
	placed 	in
	units
	with
	faculty
members.
	(University 	of
	Vermont 	(1976) 	223
	NLRB
	423
[91
	LRRM
	1570]; 	Rensselaer 	Polytechnic
	Institute
	(1975) 	218
NLRB
	1435 	[89
	LRRM
	1848];
	c.w.
	Post 	Center 	of
	Long
	Island
University
	(1971) 	189
	NLRB
	904 	[77
	LRRM
	1001];
	Fordham
29

University
	(1971) 	193
	NLRB
	134 	[78
	LRRM
	1177]
.)
	Most
	often
cited 	is
	the
	NLRB's
	decision
	in
	New
	York
	University
	(1973) 	205
NLRB
	4 	[83
	LRRM
	1549]. 	There, 	in
	spite
	of
	differences
	between
librarians
	and
	faculty
	in 	promotion,
	workweek,
	retirement
	age,
tenure
	requirements, 	grievance 	procedures
	and
	academic
	senate
representation,
	the
	NLRB
	at
	page
	8, 	placed
	the
	librarians
	in
the
	faculty 	unit,
	holding
	that
	librarians:
...
	are
	a
	professional
	group, 	charged 	with
the
	res~onsibility
	for
	accumulating
appropriate 	materials
	and
	serving 	the
	other
members
	of
	the
	university
	community
	in
	thatrespect,
	and 	most
	fringe
	benefits
	are
available
	to
	them.
	We
	conclude
	that
	they
possess
	a
	sufficient
	community
	of
	interest
to
	be
	included
	in 	the
	unit,
	as
	a
	closely
allied
	professional
	group
	whose
	ultimate
function,
	aiding
	and
	furthering
	the
educational
	and
	scholarly
	goals 	of 	the
university,
	converges 	with
	that
	of 	the
faculty,
	though
	pursued 	through
	different
means 	and
	in
	a
	different
	manner.
We
	concur 	in
	this
	analysis
	and
	have
	therefore
	placed 	the
CSUC
	librarians
	within 	the 	Faculty Unit.
Coaches
The 	Board
	further
	holds
	that
	the
	CSUC
	coaches 	should
appropriately
	be
	included 	in
	this
	Faculty Unit.
	The
	evidence
establishes 	that
	coaches 	hold
	an 	advanced
	degree,
	engage
	in
classroom
	instruction,
	and
	develop 	curriculum 	in 	addition 	to
their
	team
	coaching
	responsibilities.
	As
	indicated
	by
	the
hearing
	officer,
	they 	share
	numerous 	community
	of
	interest
indicia
	with
	full-time
	temporary
	faculty
	members. 	Coaches

interact
	with
	the
	faculty
	to
	a
	large
	degree
	as 	evidenced
	by
	the
fact
	that
	they 	are
	eligible
	to
	participate
	as
	members
	in
	local
academic
	senates
	and
	to 	serve
	on
	faculty
	committees. 	In
essence, 	the
	coaching
	personnel 	share
	with
	the
	other
	members
	of
this
	unit 	the
	goal
	of
	educating
	students.
With
	respect
	to 	the
	following
	classifications,
	exclusionary
issues
	were
	raised
	by
	the
	parties.
Department
	Chairpersons
Section
	3580.3
	of
	HEERA
	defines 	the
	term
	"supervisory
employee". 	That
	section,
	in
	addition 	to
	the 	general
	definition
of
	supervisory
	employee,
	also
	sets
	forth
	a
	specific
	standard 	to
be
	applied
	when
	considering 	the
	supervisory
	status
	of
department
	chairpersons
.
. 	. 	.
	With
	respect 	to
	faculty
	or 	academic
employees, 	any
	department
	chair,
	head
	of
	a
similar
	academic
	unit
	or 	program,
	or
	other
employee
	who
	performs
	the 	foregoing
	duties
primarily
	in 	the
	interest
	of
	and
	on
	behalf
of 	the
	members
	of 	the
	academic
	department,
unit
	or 	program,
	shall
	not
	be 	deemed
	a
supervisory
	employee
	soley
	because 	of
	such
duties
	....
Thus,
	in 	reviewing 	the
	more
	than
	10 	volumes
	of
	transcript
devoted 	to 	the 	supervisory
	status
	of 	department
	chairs,
	the
Board 	has 	engaged
	in
	two
	inquiries.
	First,
	we
	have 	examined
the 	evidence 	to 	determine 	whether 	department
	chairs 	exercise
any
	of 	the
	enumerated 	supervisory 	functions.
	Second, 	and
critical
	to 	the 	statutory 	direction,
	we
	have 	examined
	the
evidence 	to 	determine 	whether, 	in 	instances
	where
	it
	appears
31

that
	the 	department
	chairs
	do
	exercise
	supervisory
	functions,
they
	do
	so
	"primarily
	in
	the
	interest
	of
	and
	on
	behalf 	of 	the
members
	of 	the
	academic
	department."
There
	are
	approximately
	800
	department
	chairs
	in 	the
	CSUC
system.
	Over
	40
	individuals 	offered
	testimony
	as
	to
	the
	duties
of
	specific
	chairpersons.
	Not
	surprisingly,
	the
	evidence
	is
replete
	with
	contradictions
	and
	inconsistencies
	suggesting
	that
both
	authority
	and
	procedures
	differ
	among
	departments
	and
among
	campuses.
With
	regard 	to 	the
	enumerated
	supervisory
	duties
	and
	the
statute's
	directive
	concerning 	the
	chairs'
	role
	as
	faculty
	or
administration 	representatives,
	the
	evidence
	can
	be
	summarized
as
	follows.
	Department
	chairs
	do
	hire
	non-unit
	clerical
support
	staff
	and,
	on 	some
	campuses,
	also 	hire 	part-time
faculty.
	In
	general,
	however,
	chairpersons
	who
	hire 	part-time
faculty
	do
	so 	with 	input
	from 	and
	after
	consultation
	with
	other
faculty
	members.
	Hiring 	of 	tenure-track 	instructors 	is
uniformily
	accomplished
	by
	use
	of
	a
	committee
	process.
Similarly, 	decisions 	regarding 	reappointments, 	promotion 	and
tenure 	of 	tenure-track 	faculty
	are
	made
	on
	a
	collegial 	basis
and
	are
	reflective
	of 	the 	department's
	view.
CSUC
	policy 	requires 	that
	department
	chairs 	evaluate
faculty
	members 	and
	counsel
	them on
	factors 	that 	will
	advance
their 	status.
	There 	was 	no
	evidence 	as 	to
	whether 	department
chairpersons 	transfer,
	suspend, 	lay 	off
	or
	recall
	employees.
32

Chairs
	have
	the
	authority
	to
	informally
	counsel
	faculty
	whose
conduct
	may
	warrant
	discipline
	and
	may
	also 	write
	letters
	of
reprimand
	and
	initiate
	disciplinary
	investigations
	pursuant 	to
a
	system-wide
	policy.
	Any
	faculty
	member,
	however,
	may
initiate
	such
	investigations,
	and
	letters
	of
	reprimand
	written
by
	the 	chair
	can
	be
	grieved
	by
	the
	employees,
	thus
	subjecting
the
	action
	to
	review
	by
	a
	higher
	authority.
In
	general,
	while
	it
	is 	clear 	that
	the
	chairs
	do
	not
consult
	with
	their
	colleagues
	in
	making
	disciplinary 	decisions,
the 	record
	is 	inconsistent
	and
	thus 	inconclusive
	as
	to
	the
degree 	of 	higher
	level
	review
	of
	a
	chair's
	disciplinary
action.
	The
	chairs
	have
	authority
	to
	recommend
	merit
	salary
increases 	for 	part-time 	faculty,
	but 	the 	record
	is
	unclear
	as
to
	whether
	the
	chairs 	consult
	with
	other 	faculty 	prior 	to
rendering 	the
	recommendation 	and
	also
	as
	to
	whether
	the
	chair
I s
recommendation
	is
	independently
	reviewed
	by
	higher
	authority.
In
	general,
	the 	assignment
	and
	scheduling 	of
	classes 	is
	among
the 	chairpersons' 	functions.
	However,
	while 	there 	appears 	to
be
	a
	wide
	variance 	in
	consultive 	practice,
	the
	weight
	of 	the
evidence 	suggests
	that
	department
	chairs 	usually
	involve
faculty
	in
	such
	decisions.
	Most
	of 	the 	evidence 	with 	regard 	to
chairpersons' 	authority
	to 	grant 	leaves 	of 	absence
	indicated
either 	that
	such
	decisions 	are
	made 	by
	a
	faculty
	committee 	or
that 	the 	ultimate 	authority 	lies
	with 	the
	dean 	or 	other 	higher
level 	administrator
	who
	acts 	with 	the
	chair's
33

recommendation.
	The
	department
	chair
	approves
	overload
payments
	for
	additional
	work
	performed
	if
	it
	is 	consistent
	with
the
	CSUC
	system
	policy.
	This 	approval
	may
	be
	subject
	to
	review
by
	higher
	authority.
	While
	chairpersons
	recommend
	termination
of
	non-academic
	staff
	employees,
	the
	chairs'
	role
	in
	firing
faculty
	is
	limited
	to 	ensuring
	that
	the 	process
	is 	consistent
with
	university 	regulations
	and
	policies.
	There
	is
	little
evidence 	with 	regard 	to 	the
	chairs'
	role
	in 	grievance
procedures.
	However,
	the
	exhibits
	presented
	at
	hearing
	reveal
that
	faculty
	members
	file
	grievances
	over
	scheduling
	decisions
with
	the
	college 	president 	rather
	than 	with
	the
	chairs.
In
	addition 	to 	the
	evidence
	bearing
	on
	the
	specifically
enumerated
	supervisory 	functions, 	other 	factors~
	such 	as
	the
selection
	and
	retention
	of
	the
	chairs,
	the
	chairs'
	Academic
Senate
	membership 	and
	the
	chairs'
	budgetary
	functions,
	are
	all
relevant 	to 	determining
	on 	whose
	behalf 	the 	chairpersons
function.
Department
	chairs
	on
	CSUC
	campuses
	are 	selected
	by
	various
processes.
	Some
	chairs 	are 	selected
	by
	the 	president 	or 	the
dean
	from
	among
	the
	names
	submitted
	by
	a
	search 	committee
comprised 	of
	faculty.
	Other
	chairs 	are
	nominated 	by
	a
departmental 	election 	process, 	the 	nomination
	from 	which
	is
forwarded 	to 	the 	dean
	or 	president 	for 	action.
	In
	other
instances, 	the 	president 	appoints 	the 	chair 	after 	consultation
with 	the 	department 	faculty
	members.
	Traditionally_, 	the
34

department
	chairs
	serve 	for
	a
	three
	or
	four-year
	term.
	They
are
	evaluated
	by
	the
	faculty
	and
	the
	dean.
	Only
	the
	president
has
	authority
	to
	remove 	a
	chair.
	However,
	when
	department
faculty
	recommend
	removal,
	an
	investigation
	is
	undertaken
	by
the
	dean
	who 	makes 	a
	recommendation
	to
	the
	president.
	The
evidence
	discloses 	that
	while,
	on 	a 	few
	occasions,
	chairs
	have
been
	removed
	over
	faculty 	objection,
	most
	chairs
	who
	have 	been
removed
	have 	been
	relieved
	of
	their
	duties
	because
	of 	the
faculty's
	objection 	to
	the
	chair's
	performance.
Many
	department
	chairs
	serve
	on
	the
	Academic
	Senate
	and
	do
so
	as
	representatives
	of 	the
	faculty 	rather
	than
	as
administration 	representatives.
	They
	also
	serve
	as
	faculty
representatives
	on
	various
	university
	committees,
In
	general, 	the
	department
	chair 	is 	responsible
	for
submitting
	a
	departmental
	budget
	proposal
	to
	the
	dean
	or
president,
	but
	the 	process
	by 	which
	the
	budget
	proposal
	is
determined
	varies.
	While
	the
	chair
	has
	responsibility 	for
allocating
	departmental 	funds, 	the 	decision 	is
	most
	frequently
made
	with
	faculty
	committee 	involvement 	or
	after 	consultation
with 	individual 	faculty
	members.
	In
	spite
	of
	this
	variance
	in
procedure, 	the
	employer
	agrees
	that
	in 	budgeting 	matters 	the
chairpersons 	are 	advocates 	for 	increasing 	the 	welfare 	of
	their
particular
	departments.
Although 	the 	statutory
	language
	set 	forth 	in 	section
	3580.3
of
	HEERA
	is
	unique 	and 	can 	reasonably
	be 	read 	to 	favor
35

inclusion
	of
	chairpersons
	in
	faculty
	units,
	the
	analysis
	usea
by
	the
	NLRB
	in
	rendering
	similar
	exclusionary 	determinations
regarding
	department
	chairpersons
	is
	instructive.
In 	determining 	the
	unit
	placement 	of
	chairs
	in
	Northeastern
University
	(1975)
	218
	NLRB
	247 	[89
	LRRM
	1862], 	the
	NLRB
	found
that
	while
	the
	chairs'
	role
	in
	faculty
	personnel
	decisions
	such
as
	hiring, 	firing
	or
	change
	of
	status
	was
	a
	critical
consideration,
	the
	degree 	of
	collegiality
	involved
	was
determinative
	as
	to
	the 	exclusionary
	issue.
	Where
	the
chairperson's
	powers 	have 	been
	effectively
	diffused
	among
	the
department
	faculty
	pursuant
	to 	the
	principle
	of
	collegiality,
the
	NLRB
	generally
	has
	included
	chairs
	in
	representation 	units.
In 	accordance 	with
	this
	general 	standard" 	the
	NLRB
	has
included 	department
	chairpersons
	where
	decisions 	regarding
curriculum,
	budget
	allocations
	and
	hiring
	recommendations 	were
made 	by
	a
	majority 	vote 	of 	the 	faculty
	and
	subject 	to 	higher
level
	review
	within 	the
	university
	(Northeastern
	University,
supra),
	or
	where
	faculty
	committees 	or
	faculty 	consultation
provided 	the
	chairs
	with
	recommendations
	as 	to
	hiring,
promotion,
	tenure,
	budget, 	course 	assignment
	and
	curriculum
decisions
	(Fordham
	University, 	supra).
	Other
	factors 	relied
	on
by
	the
	NLRB
	include 	ultimate 	grievance 	resolution 	at
	higher
administrative 	levels
	(Fordham
	University,
	id)
	and
representation 	of 	faculty 	at
	academic 	senate 	meetings
(University 	of 	Detroit
	(1971) 	193
	NLRB 	566 	[78
	LRRM
	12731.
36

Another
	factor, 	relied
	on	
by	
the
	court 	in
	Boston
	University
	v.
NLRB
	(1st
	Cir.
	1978)
	575
	F.2d
	30
	[98
	LRRM
	2070],
	was
	that
department
	chairs
	were
	selected
	by
	the 	deans 	with
	consensus
	of
the
	faculty.
	Based 	on
	this
	and
	other
	factors,
	the
	court
	uphelo
the
	NLRB
I s
	determination
	that
	department
	chairs
	represented 	the
interests
	of
	faculty 	rather
	than
	the
	administration.
In
	cases
	where
	the
	NLRB
	has 	excluded
	chairpersons
	as
supervisory,
	they
	have
	had
	substantial 	responsibility
	over
personnel
	matters.
	Thus,
	in
	Fairleigh
	Dickinson
	University
(1973) 	205
	NLRB
	673 	[84
	LRRM
	1033],
	the
	NLRB
	excluded
	chairs
based
	on
	the
	fact 	that
	only 	the
	chair's
	recommendation 	on
hiring
	was
	sent
	to 	the
	dean,
	even 	though
	the
	faculty
	might
	have
reached
	a
	consensus
	on
	the
	candidates.
	The
	critical
	factor
relied
	on 	by
	the
	NLRB
	in
	Adelphi
	University
	(1972) 	195
	NLRB
	639
[79
	LRRM
	1545]
	to
	exclude
	chairs
	was
	their
	authority
	to
	hire
and
	reappoint 	part-time 	faculty
	and
	to
	allocate
	merit 	increases
without
	faculty
	approval. 	This
	decision
	was 	made
	despite
	the
fact 	that
	the 	chairs
	were
	elected
	by
	the
	faculty,
	removed
	only
with
	faculty
	concurrence
	and
	made
	most
	personnel
	decisions,
assignments
	and
	budget
	preparation 	in
	consultation
	with
	the
faculty.
	See
	also University 	of
Vermont 	(1976)
	223
	NLRB
	423
[91
	LRRM
	1570]; 	Rensselear 	Polytechnic
	Institute
	(1975) 	218
NLRB
	1435 	[89
	LRRM
	1845].
The
	question 	of 	the 	supervisory
	status
	of 	the
	CSUC
department 	chairpersons 	is
	one 	of 	fact 	for 	the 	Board 	to
37

decide.
	(Stop	
&	
Shop
	Cos.
	v.
	NLRB
	(1st
	Cir.
	1977)
	548
	F.2d
	17
(94
	LRRM
	2416];
	NL~
	v.
	Magnesium
	Casting
	Co.
	(1st
	Cir.
	1970)
4 2 7 	F . 2 a 114 	[7 4 L
RRM
	2 2 34 J , 	a
ff
' d . , 	4 o1 	u . s . 	13 7 	r7 6 	L
RRM
2497]
.)
	As
	the 	court 	said
	in
	NLRB
	v. 	Swift	
& Co.
	(1st
	Cir.
1961)
	292
	F.2d
	561
	(48
	LRRM
	26951,
	when
	all
	factual
	indicia
	are
considered, 	gradations 	in
	authority
	can
	be
	so
	subtle
	that
determination
	of
	supervisory
	status
	must, 	as
	a
	practical
matter,
	involve
	a
	large
	measure
	of
	informed
	discretion.
In
	this
	case,
	the 	evidence 	before 	the
	Board
	discloses 	that
the
	job 	functions 	of 	department
	chairs
	vary
	widely
	within 	the
CSUC
	system.
	In
	general,
	however,
	we
	conclude
	that
	the
supervisory 	tasks
	performed
	by 	them
	are
	typically
	performed
	on
behalf
	of 	the 	department
	faculty 	rather
	than 	the
administration.
	While
	certain
	tasks
	are
	carried
	out
	by
individual 	chairs
	without
	faculty 	input,
	it
	appears
	from
	the
record
	that
	in
	a
	significant
	number
	of 	circumstances, 	the
chairs
	do
	consult
	with
	their
	peers 	regarding
	class
	scheduling,
leaves 	of 	absence
	and
	budget
	allocations.
Certain 	other 	decisions,
	such 	as 	issuance 	of
	letters
	of
reprimand, 	overload 	payments,
	and
	release
	time 	for
	research
purposes, 	are 	typically
	reviewed 	by
	higher
	levels
	of
administrators
	and
	thus
	reflect 	that 	the 	chairperson
	does
	not
act
	on 	CSUC's
	behalf 	but
	rather
	as
	a
	spokesperson 	for 	the
individual 	department 	faculty
	members.
Although 	there 	are 	varying 	procedures 	used 	by 	the 	chairs 	to
38

hire
	part-time 	faculty
	members,
	the
	hiring
	of
	tenure-track
faculty
	is
	uniformly
	done
	in
	conjunction
	with
	a
	faculty
committee. 	Indeed, 	procedures
	utilized
	to
	reach
	decisions
	on
appointments, 	reappointments, 	promotions,
	and
	tenure,
	although
varying
	from 	campus
	to
	campus,
	are
	all
	made
	on
	a
	collegial
basis.
	We
	view
	the
	department
	chairs'
	role
	in
	these 	types 	of
faculty
	personnel
	decisions
	as
	critical
	to
	our
	determination.
(Yeshiva
	University
	(1975) 	221
	NLRB
	1053 	[91
	LRRM
	10171
.)
Thus,
	we
	conclude,
	based
	on
	review
	of 	the
	entire
	record,
that
	department
	chairpersons 	exercise
	supervisory 	functions
relevant
	to
	an
	employee's
	status
	but
	do
	so
	in
	a
	collegial
format
	and
	that 	their
	inclusion
	in
	the 	unit
	with
	other
	faculty
members
	will
	not
	pose
	conflicts
	of
	interest
	or 	divided
loyalties.
Casuals
The 	Board
	has
	also
	considered 	the
	status
	of
	several
classifications
	which
	CS
UC
	contends
	are
	corn
prised
	of
	casual
employees. 	Casuals 	are 	those
	employees
	who,
	due
	to
	their
sporadic
	or
	intermittent 	relationship
	with
	the 	employer,
	lack
	a
sufficient
	community
	of
	interest
	with
	regular
	employees
	to
	be
included 	in 	the 	represen
tional 	unit
	(Miss
ion
	Pak 	Co.
	(19 6 0) 	12 7
NLRB
	1097
	[46
	LRRM
	1161]).
We
	adopt 	the 	hearing
	officer's
	recommendation
	that 	these
employees
	are 	not 	casuals.
	We
	conclude
	that 	they 	share
	a
community 	of
	interest
	with 	regular
	employees 	and
	are
39

appropriately
	included 	in
	the 	Faculty
	Unit.26
Three
	of 	these 	contested
	classifications
	pertain
	to
	summer
school
	employment.
	They
	are:
Instructional
	Faculty,
	Summer
	Quarter
Assignment
	(2390)
Instructional
	Faculty,
	Summer
	Session
	(2357)
Substitute 	Instructional
	Faculty,
	Summer
Session
	(2356).
These
	classifications
	are
	filled
	by
	faculty
	members
	who
have
	the
	same
	academic
	training
	as
	regular
	faculty
	and
	are,
	in
most
	cases,
	the
	same
	faculty
	members
	that
	teach 	during
	the
school 	year.
	Essentially
	these 	three
	classifications
	are
	used
for
	bookkeeping 	purposes 	to 	dispense
	extra
	pay
	to 	those
	regular
faculty
	members
	who
	teach 	during 	the
	summer. 	The
	CSUC
	summer
curriculum
	is
	an
	integral 	part
	of
	the 	educational
	program
	and
even
	the
	employees
	in 	these
	classifications
	who
	are
	not
	regular
faculty
	share
	a
	substantial
	community
	of
	interest
	with
	other
instructional
	employees.
The
	classification
	of
	instructional 	faculty, 	extra 	quarter
assignment,
	QSYRO
	(2368)
	is 	similar 	to
	the
	above
classifications.
	It
	is 	utilized
	to 	put 	regular 	faculty
	who
26
In 	response 	to
	an
	issue 	raised
	by
	the 	employer,
	we
	note
that
	voter
	eligibility
	is
	not
	affected
	by
	our
	determination
that
	the
	employees
	discussed 	herein 	are 	not 	casuals.
	Although
individual
	employees
	may
	have 	dual
	classifications
	within
	a
unit, 	their
	membership
	in 	the 	appropriate 	unit 	entitles
	them
	to
only 	one
	vote.
40

teach
	an
	extra
	quarter
	assignment
	on
	the 	payroll 	for
	that
overload
	assignment
	and
	is
	always
	filled
	by
	regular
	faculty
members.
	We
	conclude
	that
	it
	is
	not
	appropriate 	to
	exclude
this 	classification
	from
	the 	Faculty Unit.
The
	classification
	of
	instructional 	faculty,
	extension
(2363)
	includes 	teachers
	who
	are
	employed
	to 	teach
	extension
courses.
	Although
	this
	position
	is
	sometimes
	filled
	by
	people
not 	otherwise
	employed 	by
CSUC,
	it
	is
	primarily
	a
classification,
	similar
	to
	those
	described
	above, 	used
	to
facilitate
	bookkeeping
	and
	payroll
	adjustments. 	Accordingly,
these
	employees
	who
	perform
	the
	same
	type
	of
	work
	and
	share
	the
same
	goals
	as
	regular 	teachers,
	should
	be
	included 	in
	the
Faculty Unit.
Demonstration
	and
	instructional 	faculty
	(2362)
	are
	academic
employees
	who
	teach 	in demonstration 	schools
	or
	laboratory
schools 	established
	by
	CSUC
	to
	instruct
	student 	teachers 	in
elementary
	and
	secondary
	teaching
	methods. 	These 	employees
teach 	elementary
	and
	secondary
	classes
	and
	instruct
	CSUC
students.
	Normally, 	employees
	filling 	this 	classification
	are
public
	school 	teachers
	who
	are
	employed
	for
	a
	temporary 	or
partial
	assignment. 	Although
	there
	was 	no
	evidence 	introduced
with 	regard 	to
	their 	rate
	of
	return,
	we
	conclude
	that 	these 	are
academic 	employees
	who
	provide
	instruction
	to
	CSUC
	students
	and
share
	an
	essential 	educational 	goal with 	other
	CSUC
	faculty
members.
	We
	have
	therefore 	included 	these
	employees
	i.n
	the
41

Faculty Unit.
Three
	other
	classifications
	which
	CSUC
	seeks
	to 	exclude
	as
casual 	are:
Instructional
	Faculty,
	Overseas
	Contract
(2364)
Lecturer,
	Overseas
	Contract
	(2369)
Vocational
	Instructor,
	Overseas
	Contract
( 2 46 6)
All 	of
	these
	classifications
	are
	used 	by
	CSUC
	to
	denominate
positions
	held
	by
	teaching 	personnel
	on
	assignment
	overseas.
The
	instructional
	faculty 	position 	is
	used
	mostly
	by
	campuses
with
	agricultural
	programs
	having
	contracts
	with
	developing
countries.
	Usually,
	regular 	faculty
	members
	are
	so
	assigned.
Similarly,
	the
	lecturer
	on
	overseas
	assignment
	is
	a
	non-tenure
track 	regular
	employee
	temporarily
	so
	assigned 	for
	a
	finite
period.
	The
	vocational
	instructor
	normally
	also
	has
	a
	regular
appointment 	with
	CSUC.
	This
	classification 	is
	used
	when
	such
instructors
	are 	sent 	overseas. 	All
	classifications
	share
	a
strong
	community
	of
	interest
	with
	other
	CSUC
	faculty.
	That
their
	assignment
	is
	overseas
	does 	not 	negate 	the
	fact 	that
	they
are
	members
	of 	the 	faculty
	who
	are 	providing
	instruction
	to
students.
	As
	such, 	they
	are
	all
	included 	in 	the 	Faculty Unit.
The 	music
	studio 	instructional 	faculty
	(2365)
	are
	employees
hired
	by
	CSUC
	to
	supplement 	the 	music 	department 	curriculum
	by
offering 	individual 	instruction 	to
	music
	students.
	The
	persons
who
	typically
	fill
	this 	classification
	come
	from
	outside 	the
regular 	faculty, 	teach
	on
	a
	semester-by-semester 	basis
	and 	are
42

paid
	by
	the
	lesson.
	Although
	there
	is
	no
	guarantee 	of
	return
appointments,
	some
	such 	employees 	have
	enjoyed
	a
	continuing
employment
	relationship.
	We
	find,
	that
	because
	employees
	in
this 	classification 	participate
	in
	an
	integral 	part
	of 	the
university's 	instructional
	program,
	they 	are
	appropriately
included
	in 	the
	Faculty Unit.
Two
	contested
	classifications,
	that
	of
	instructional
faculty,
	executive
	committee
	-
	academic
	senate
	(2390) 	and
instructional
	faculty,
	chairman
	-
	academic
	senate
	(2395).
	are
filled
	by
	regular
	faculty
	members
	who
	also
	serve 	in
	academic
senate
	positions.
	These
	classifications
	are
	primarily
	devices
to 	dispense 	the
	extra
	partial
	payment 	which
	the
	employees
	earn
as
	a
	result
	of
	this
	additional
	placement.
	We
	conclude
	that
these
	classifications,
	because 	they
	are 	necessarily
	filled
	by
regular 	faculty
	members,
	are 	included 	in
	the 	Faculty Unit.
As
	to 	several
	classifications
	of
	vocational
	instructor
(2462, 	2463,
	and
	2464),
	CSUC
	also
	urges
	their
	exclusion
	as
casuals.
	We
	find,
	however,
	that
	no
	evidence
	was
	introduced 	to
warrant
	their
	exclusion. 	Since 	they 	are 	presumably
	a
	part
	of
the
	instructional
	personnel, 	they 	are 	appropriately 	placed 	in
the 	established 	Faculty 	Unit.
Inclusion
	-
	Unit
	3
Assistant 	Director 	of 	the 	Library
The
	assistant 	director
	works 	under 	the 	associate 	director
of 	the 	library
	and
	is 	responsible 	for 	planni.ng, 	coordinating
43

and
	monitoring
	the
	budget.
	While
	s/he
	may 	be
	in
	charge
	of
certain 	library
	departments
	on
	some
	campuses,
	the 	record
	does
not
	show
	what,
	if
	any,
	supervisory 	or
	manager
ia1
	duties 	s/he
performs
	in
	that
	capacity.
	The
	assistants'
	personnel
	functions
are 	limited
	to 	screening 	candidates
	to
	assure
	they
	meet
	the
minimum
	qualifications
	for
	the
	job
	and
	monitoring 	the
affirmative 	action 	plan.
	There
	was 	no
	evidence
	that
	these
tasks
	involve
	the
	assistant
	in
	making
	ultimate 	hiring 	decisions.
The
	assistants 	participate
	in
	planning
	decisions,
	but
	are
not
	primarily 	responsible
	for
	them;
	rather
	they
	implement
programs
	that
	have 	been
	previously
	determined
	by
	the
professional
	staff
	of 	the
	library.
Accordingly,
	we
	find
	that
	this 	class
	is
	included
	in 	the
Faculty Unit.
Supervising
	Librarians
Supervising
	librarians'
	job
	duties
	appear
	to 	vary
	from
campus
	to
	campus.
	Where
	the 	evidence
	reflects 	that
	they
supervise 	unit
	members,
	it
	does
	not
	clearly 	establish
	what
supervisory 	functions 	they 	perform.
	The
	bulk
	of 	the 	evidence
shows
	that 	supervising
	librarians
	work
	at 	reference 	desks
	and
supervise 	non-unit
	employees.
	The
	Board
	thus 	includes 	th is
classification
	in 	the 	Faculty 	Unit.
Exclusions
	-
	Unit
	3
Resident 	Director, 	International
	Programs
Resident 	directors
	manage 	autonomous 	academic
	centers 	of
44

International
	Programs.
	They
	hire 	faculty,
	determine
	the
promotion 	or
	retention
	status
	of
	faculty,
	and
	negotiate
	on
behalf
	of 	the
	CSUC
	with
	foreign
	governments
	and
	institutions.
Resident
	directors
	at
	nonautonomous
	academic
	centers
	perform
all
	the
	above
	duties
	except 	for
	hiring.
	Their
	responsibility
to
	manage
	the
	entire
	program
	indicates 	that 	resident
	directors
are
	properly
	excluded 	as 	managerial
	employees.
Academic
	Specialist
Subsection
	3562(e)
	defines
	a
	confidential
	employee
	as:
..•
	any 	employee
	who
	is
	required 	todevelop 	or
	present
	management
	positions
	with
respect
	to
	meeting
	and
	conferring
	or
	whose
duties
	normally
	require
	access 	to
confidential
	information
	which
	contributes
significantly
	to 	the
	development
	of
	suchmanagement
	positions.
Subsection
	3562(f) 	excludes
	confidential
	employees
	from
coverage
	under
	HEERA.
The
	academic
	specialist 	classification
	includes
	associate
or
	assistant
	deans,
	academic
	division 	chiefs
	of 	schools,
directors,
	coordinators,
	and
	the
	assistant 	vice-presidents.
Academic
	specialists
	serve 	as 	management's
	representatives
in 	grievance
	and
	disciplinary
	proceedings, 	functioning 	as 	the
equivalent
	of
	a
	prosecuting 	attorney 	for
	CSUC. 	As
	the
employer's 	representatives, 	these
	employees 	would 	need
	to
	be
privy 	to 	confidential 	information 	related 	to 	the 	employer
I s
grievance 	position
	and 	would 	be
	in
	conflict
	with 	the
grievant/unit
	member. 	To
	avoid
	this 	conflict,
	we
	exclude 	the
45

classification
	as
	confidential.
Associate 	Director 	of 	the 	Library
The
	associate
	director
	of 	the
	library 	is
	responsible 	for
meeting
	with
	other 	educational 	resource
	directors
	to 	determine
how
	much
	of 	the
	educational 	resource
	budget
	the
	library 	will
receive,
	disbursing
	the
	library
	budget
	among
	its
	various
departments,
	and
	developing
	new
	bibliographic
	programs 	which
s/he 	also 	administers.
	These
	functions
	indicate
	significant
responsibilities
	for
	administering 	the
	library
	and
	formulating
policy
	and
	warrant 	excluding
	associate
	directors
	of
	the
	library
as
	management
	employees.
Director 	of
	Athletics
Directors
	of
	athletics
	serve
	as
	chief 	administrative
officers
	of 	the 	department,
	division
	or
	program which
	requires
them
	to 	prepare
	and
	administer 	the
	athletic
	budget 	of
	the
school,
	to 	administer 	grant
	and
	aid
	programs
	to 	student
athletes,
	and
	to 	determine 	the
	sports
	program
	for 	the
	campus.
Directors
	of
	athletics
	also
	recruit 	staff
	and
	coaches
	and
	make
recommendations
	of 	appointments 	to 	appropriate 	appointing
authorities.
	All 	of 	these 	job
	duties
	and
	responsibilities
indicate
	a
	significant 	role 	in 	formulating
	and
	administering
the
	athletics
	programs 	of
	CSUC,
	and
	supervising
	staff.
	This
classification 	is
	excluded 	as
	managerial 	and/or 	supervisory.
UNIT
	4:
	ACADEMIC SUPPORT
The 	Board
	finds 	that 	this 	unit 	appropriately 	includes 	the
46

professional
	classifications
	of
	student
	affairs
	officers
	(SAO),
student
	affairs 	assistants
	(SAA),
	educational 	research
	project
consultant,
	and
	the
	technical
	classes
	of
	credential 	analyst,
educational 	technician,
	placement
	interviewers, 	student
personnel
	technician, 	financial 	aid,
	student
	affairs 	trainee,
and
	supervising
	library 	assistants.
Initially,
	we
	find
	that
	the
	presumption
	disfavoring
placement 	of
	professionals
	and
	non-professionals 	in 	the
	same
unit
	is
	rebutted
	by
	the
	distinct
	community
	of
	interest
	among
these
	classifications.
	Employees
	in
	this
	unit
	occupy
	a
	variety
of
	jobs 	in
	programs
	which
	provide
	a
	multitude 	of
	services
	for
students
	including
	financial
	aid 	counseling, 	housing,
	career
placement, 	psychological 	counselingr
	social
	and
	cultural
development,
	testing,
	administering 	the 	Educational 	Opportunity
Program, 	admissions,
	programs
	for 	disabled
	students,
	etc.
Thus, 	academic
	support 	personnel
	perform
	functionally 	related
services
	and
	work
	toward
	a 	common
	goal 	of 	providing
non-instructional 	services
	which
	enable 	students
	to
	maximize
their
	educational 	experience
	by
	ministering 	to
	their
	emotional,
social, 	intellectual,
	and
	cultural
	well-being.
Support 	personnel
	who
	work
	in 	the
	same
	program
	share
	a
common
	work
	location
	and
	are 	supervised
	by
	the 	respective
program
	directors
	who,
	in 	turn, 	report 	to 	the 	dean 	of
students.
	Because
	of 	the 	interrelationship
	among 	many
	of 	the
student 	services,
	employees 	in 	various 	programs 	are 	frequently
47

required
	to
	consult
	with
	employees
	in
	other
	programs
	and
	often
refer
	students 	to
	their
	colleagues 	in
	other
	programs.
In
	addition
	to 	these
	community
	of
	interest
	considerations,
the
	fact 	that
	separating
	the
	technical
	from
	the
	professional
class
	would
	in
	this
	case
	result
	in 	excessive 	fragmentation
	and
the
	creation
	of 	exceedingly 	small
	units
	f~rther 	leads
	us
	to
	the
conclusion
	that
	the 	subsection
	3879(c)
	presumption
	is 	rebutted.
The
	United
	Professors
	of
	California
	has
	urged
	that
	all
professional
	employees
	of
	CSUC
	be
	placed 	in
	a
	single
	unit,
pointing 	to
	the
	fact 	that
	some
	student
	affairs
	officers
	(SAO)
and
	student
	affairs 	assistants
	(SAA)
	teach
	classes
	for
	credit,
serve
	on
	academic
	senates
	and
	share
	other
	working
	conditions
with
	faculty.
	Although
	SAO
	teach 	courses
	on
	an
	intermittent
basis,
	are
	eligible
	to 	serve
	on
	the
	academic
	senate,
occasionally
	serve
	on
	graduate
	students' 	thesis
	committees,
	and
have
	received 	research 	grants
	from
	the
	university,
	these
factors
	do
	not 	persuade
	us
	to 	discount 	the 	strong
	community
	of
interest 	all
	academic
	support 	personnel
	have
	among
	themselves
as
	demonstrated
	by
	the
	common
	goals 	of
	their
	occupations.
	What
teaching 	functions 	the
	SAO
	do 	perform
	are
	strictly
	voluntary
and
	incidental 	to 	the 	primary 	purpose 	of
	their
	job.
As
	originally
	conceived, 	the 	student
	affairs 	series
	was
meant 	to 	provide
	a
	structure 	of
	upward
	mobility 	for
noninstructional 	professionals,
	beginning 	with 	the 	student
affairs 	trainee
	and
	ending 	with 	the
	SAO
V. 	Although
	a
48

doctorate
	is
	a
	preferred
	qualification
	for
	an
	SAO,
	movement
	to
that
	position
	from
	the
	SAA
	class
	is
	not
	unusual
	once
educational
	and
	training
	requirements
	are
	met.
There
	is
	much
	functional 	interchangeability
	between
	SAA
	and
SAO
	because 	both
	classes
	work
	in
	most
	of
	the
	student
	services
programs.
	For
	example,
	most
	psychological
	counseJ.ors
	are
	SAO,
yet
	at
	Long
	Beach
	State,
	SAA
	also
	perform
	counseling
	duties
under
	the
	direction
	of 	the
	SAO.
	Both
	classes
	are 	evaluated
	by
their
	peers
	for 	purposes 	of
	retention
	and
	promotion.27
In
	addition 	to
	the
	community
	of
	interest
	considerations,
	we
are
	also
	convinced
	that
	splitting
	the
	academic
	affairs
	series
would
	unnecessarily
	burden 	the
	meet
	and
	confer 	process
	by
requiring
	two
	sets
	of
	negotiations
	likely
	to
	encompass
identical
	issues
	due
	to
	the
	commonality
	of 	these
	employees'
occupations.
The
	classifications
	other
	than 	the 	student
	affairs
	group,
the 	educational 	research
	project 	consultant, 	credential
analyst, 	evaluation 	technician,
	placement
	interviewer, 	student
personnel 	technician, 	financial 	aid,
	and
	supervising
	library
2 7sAA
	are 	not
	promoted
	but 	instead 	are
	"reclassified"
when
	their 	duties
	become 	more 	complex
	or
	when
	vacancies 	occur.
However,
	despite 	the 	label,
	they 	are
	recommended
	for
	retention
through
	a
	committee 	system 	of 	peer 	review.
	SAO
	are
	promoted
	on
the 	basis 	of 	merit 	but 	also 	receive
	recommendations 	by
	a
committee 	of 	peers 	for
	permanent
	status 	after
	they 	have 	served
a
	four-year 	probationary 	period.
49

assistants
	III
	are
	all
	involved 	in
	noninstructional
	academic
support
	activities.
CSUC
	hires
	educational 	research
	project 	consultants
	from
public
	schools 	to
	consult
	on
	particular
	research
	projects
	for
which
	there
	is 	grant
	funding.28	
The
	consultants
	do
	not
teach,
	although 	they
	must 	have 	an
	administrative
	or
	a
	pupil
services
	credential.
	They
	assist
	in
	the
	planning
	and
	execution
of
	any
	given
	educational 	research
	project
	and
	provide
consultant 	services 	to 	teachers
	and
	other
	participants
	involved
in
	the 	project.
The
	remaining
	classifications
	possess
	characteristics
common
	to 	the
	other
	support 	personnel
	in
	that
	they
	work
	in
offices
	.and
	programs 	with
	student
	affairs
	employees,
	work
toward
	similar 	goals,
	and
	share
	many
	working
	conditions
	with
other 	unit
	members.
	The work
	of 	these
	classes 	generally
requires
	a
	level
	of
	expertise
	gained
	either
	by
	education 	or
on-the-job 	training
	which
	is
	above
	that 	typically
	required 	of
clerical
	workers.
The
	credential 	analyst
	reviews, 	analyzes,
	and
	processes
applications 	to 	the
	State
	Department
	of 	Education 	submitted
	by
candidates
	for
	public
	school 	teaching
	credentials
	and
	advises
28The 	employer 	claims
	that 	the
	classification
	should
	be
excluded
	from
	the 	unit
	on
	the 	grounds
	that
	it
	has 	only
	a
	casual
or
	intermittent 	relationship
	with
	CSUC.
	We
	reject 	this
position, 	finding 	that 	the 	research 	consultant
	shows
	a
sufficient
	community
	of 	interest
	with 	the 	academic 	support
personnel 	to 	warrant 	inclusion 	in 	this 	unit.
50

students
	on
	courses 	necessary 	to
	complete
	the
	credential
requirements.
	Requirements
	for
	the
	job
	include
	a
	comprehensive
knowledge
	of
	state
	credential
	requirements
	and
	those
established
	by
	the
	particular
	campus
	for
	which
	they
	work.
Duties 	of 	the
	evaluation 	technician
	involve
	the
	review
	of
transcripts
	and
	other
	papers 	to 	assure
	that
	admission
	and
graduation
	requirements
	have
	been
	met.
The
	placement
	interviewer
	works
	in 	the
	placement
	office
	and
is
	responsible 	for 	preparing 	students 	for
	job
	interviews
	and
assisting
	them
	in 	the 	preparation
	of
	resumes.
Student 	personnel
	technicians
	work
	in
	financial
	aid
	offices
preparing
	documents
	for
	entry 	into
	a
	computer. 	This
	class
	may
also
	be
	used
	as
	a
	lower-level
	financial
	aid 	counselor.
Supervising
	library 	assistants
	{SLA)
	work
	under
	the
direction
	of
	librarians
	performing
	a
	variety
	of 	tasks 	including
the 	supervision 	of
	clerical
	and
	student
	employees
	in 	the
libraries.
	In 	the 	absence
	of 	the
	principal 	cataloger, 	the
	SLA
supervises 	the 	bibliographic 	services.
Based 	on
	the 	functions 	described
	above,
	we
	find
	these
classifications
	are
	appropriately
	included 	in
	this 	unit.
Inclusions
	-
	Unit
	4: 	Academic
	Support 	Unit
Supervising 	Student
	Affairs 	Officers
	III
We
	find
	that 	supervising 	student
	affairs 	officers 	III
(SSAO
	III)
	are 	properly 	included 	in 	the
	Academic
	Support 	Unit.
Although
	SSAO
	III 	primarily
	work
	with 	students 	in
pre-admission, 	admission
	and
	continued 	enrollment, 	there
	was
51

some
	evidence
	that
	SSAO
	III
	supervise 	student
	affairs
assistants,
	counselors
	and
	clerical
	employees.
	The
	record
	does
not
	indicate,
	however,
	what
	tasks
	the
	SSAO
	III
	performed
	that
were
	construed 	to
	be
	supervisory
	or
	how 	much
	time
	was
	spent
	in
the
	allegedly
	supervisory
	tasks.
Although
	CSUC
	claims
	that
	the
	SSAO
	III
	should
	be
	excluded,
it
	has
	not
	proven
	facts
	which
	warrant 	the
	determination 	they
are
	either
	supervisory
	or
	managerial.
	The
	Board,
	therefore,
includes
	this 	classification
	in 	the
	Academic
	Support
	Unit.
Supervising 	Student
	Affairs 	Officers
	IV
The
	record
	indicated
	that
	SSAO
	IV
	perform
	the
	same
	duties
as
	SSAO
	III.
	CSUC
	has
	not 	presented
	facts
	demonstrating
	any
basis
	upon 	which
	we
	could 	conclude
	that
	SSAO 	IV
	are
	either
supervisory
	or
	managerial.
	The
	Board,
	accordingly, 	includes
this 	classification
	in 	the
	Academic
	Support
	Unit.
Educational 	Television
	Program
	Director,
	San 	Diego
	StateUniversity
	(2801)
While
	the
	program
	director 	is 	responsible
	for
	determining
the
	program
	schedule
	and
	directing
	the 	day-to-day
	operation
	of
the
	station,
	there 	is
	no
	evidence
	that 	s/he
	formulates
	and
administers 	policy
	on
	behalf 	of 	the
	university
	or
	directly
exercises
	any
	supervisory
	responsibility
	over
	unit
	employees.
The 	program
	director
	works
	closely
	with 	groups
	participating
	in
the
	TV
	schedule 	to 	provide 	guidance
	and
	advice 	in
	selecting
	and
preparing 	appropriate
	programs 	and
	is 	responsible 	to 	the
52

station
	manager
	for
	all
	administrative 	matters
	relating
	to
program
	production,
	but
	there
	was
	no
	showing
	that
	the 	di.rector
has
	authority
	to
	make
	final
	decisions
	regarding
	programming.
In
	sum,
	we
	find
	that
	the
	university
	has
	not
	borne
	its
	burden
	of
proving
	that
	the
	program
	director
	exercises
	significant
managerial 	or
	supervisory
	authority,
	and
	therefore
	include 	the
position
	in
	the
	unit.
Director 	of
	Small
	College
	and
	Experimental Education,
	Dominguez
Hills
This
	director
	heads
	a
	program
	offered
	at
	Dominguez
	Hills
which
	offers
	majors 	in
	interdisciplinary 	studies,
	provides
	a
framework
	within
	which
	professors
	may
	initiate
	new
	course
concepts,
	and
	supervises 	students
	who
	do
	volunteer
	work
	in 	the
outside
	community
	for
	academic
	credit.
	The
	director
	oversees
the
	activities
	of 	the
	program,
	recruits
	from
	existing 	faculty
personnel 	to 	teach 	in
	the
	small
	college, 	evaluates
	faculty
subject
	to 	the
	same
	peer
	evaluation 	process 	of other
	academic
departments, 	develops 	the 	syllabus 	of 	the
	small
	college 	in
consultation
	with
	faculty
	members
	and
	organizes
	programs
designed 	to
	respond
	to 	the
	needs
	of 	the
	community. 	For
example, 	the 	small 	college
	works
	with 	the 	Watts
	Community
Action Organization 	developing
	summer
	youth 	programs 	aimed
	at
improving 	high 	schools 	students'
	academic
	skills.
The
	authority
	of 	the 	director 	is
	analogous 	to
	that 	of
department 	chairs.
	What
	supervisory 	functions 	s/he 	exercises
are
	done 	in 	consultation 	with 	the 	faculty.
	Nor
	does
	the
53

evidence
	show
	that
	this
	director
	is
	independently
	responsible
for 	formulating
	policy.
	The
	position 	is 	therefore
	included
	in
the
	unit.
Student
	Affairs 	Assistants
	III
	and
	IV
	(2648,
	2649)
These
	classifications
	are
	employed
	almost
	exclusively
	in
the
	registrar's
	and
	admissions
	offices
	and
	have
	responsibility
for 	the
	registration
	and
	record 	maintenance
	process.
	While
their
	job
	requires
	them
	to
	have
	a
	thorough
	familarity
	with
relevant 	regulations
	and
	policies,
	the
	SAA
	III
	and
	IV
	do
	not
exercise
	any
	of
	the 	supervisory
	or
	managerial
	functions 	defined
in
	HEERA.
	They
	may
	make
	recommendations
	to
	the
	director
	of
admissions
	about
	various 	personnel 	decisions
	buts/he
	has
	the
ultimate 	authority;
	and
	there
	was 	no
	evidence 	demonstrating 	the
effectiveness
	of
	the
	SAA
	recommendations.
In
	sum,
	the
	employer
	has 	not
	met
	its
	burden
	to
	prove
	that
these
	employees
	exercise 	the
	requisite
	supervisory 	functions.
They
	are, 	therefore,
	included 	in 	the
	Academic
	Support
	Unit.
Supervising 	Student
	Affairs 	Assistants
	II, 	III,
	and
	IV
	(2665,
2666, 	2663, 	2667,
	2664)
All 	three 	levels
	of
	this 	classification
	work
	in
	several
different
	student 	services
	programs 	and 	have
	varying 	degrees 	of
responsibility.
	For
	example,
	the
	SSAA
	II
	who
	work
	in 	the
registrar
1 s
	office 	are 	classed
	as
	assistant 	registrars
	and
supervise 	non-unit 	personnel
	such 	as
	clerical
	workers
	and
student 	assistants.
	Although 	they 	are 	involved 	in
	discipline,
assignment 	of
	work 	and
	hiring, 	there
	was 	no
	indication 	that
54

they
	exercised
	any
	of 	these
	functions
	over
	unit
	employees.
Some 	SSAA
	II 	direct
	small
	programs,
	such
	as
	the 	Educational
Participation
	in
	Communities
	Program,
	and
	supervise
	a
	staff
	of
volunteers,
	clerical
	assistants
	and 	two
	SAA. 	SSAA
	III
	have
some
	unit
	members
	reporting 	to
	them,
	but 	the 	record
	does
	not
indicate
	the 	nature 	of
	their
	alleged 	supervisory
	duties,
	if
any.
	Further,
	the
	record
	indicates
	that
	the
	SSAA
	III
	spend
most
	of
	their
	time 	performing
	unit
	work.
Associate
	directors
	of
	admission
	and
	records
	are
	SSAA
	IV,
but
	the
	record
	contains
	no
	information
	about
	any
	supervisory
functions
	performed
	by
	these
	employees.
In
	sum,
	there
	is
	insufficient
	evidence
	that
	supervising
student
	affairs 	assistants
	as
	a
	class
	exercise
	any
	of 	the
supervisory 	functions
	with
	a
	sufficient
	degree
	of 	independent
judgment
	to 	warrant
	their
	exclusion
	from
	the
	unit.
	Although
some
	SSAA
	II,
	in
	their
	capacity
	of 	small
	program
	directors,
	may
have
	some
	supervisory 	authority
	over
	a
	unit 	position,
	we
	do 	not
believe 	that
	the
	job
	classification
	as
	a
	whole
	exercises
sufficient
	supervisory 	functions 	to 	warrant
	their
	exclusion
from
	the 	unit.
Supervising 	Library Assistant
	I, 	II, 	III
CSUC
	claims
	that 	these
	classifications
	are 	supervisory.
The
	evidence 	indicates 	that
	although 	these
	employees
	serve 	as
heads 	of 	various 	sections 	within 	the
	library, 	their 	supervisory
functions 	are 	exercised 	only 	with 	respect 	to
	clerical
	employees
55

and
	student
	assistants.
	Because
	they
	do
	not
	supervise
	any
	unit
employees,
	the 	supervising
	library 	assistants
	are 	included 	in
the
	unit.
Exclusions
	-
	Unit
	4
Educational 	Television
	Station
	Manager,
	San
	Diego
	StateUniversity
	(2801)
The
	station
	manager
	is
	responsible
	for
	the
	overall
development
	and
	direction
	of 	the 	public
	television 	station
established
	by
	CSU
San 	Diego.
	In
	this
	capacity, 	s/he
coordinates
	and
	supervises
	the
	financial
	affairs
	of 	the
station;
	recommends
	station 	policies
	and
	procedures;
	evaluates
the
	effectiveness
	of
	television
	operations
	in
	light
	of
university 	policies;
	supervises 	the
	program
	director
	and
	staff
in 	the 	technical
	aspects
	of
	programming; 	and
	develops
	policies
and
	procedures 	to
	insure
	satisfactory
	student
	access 	to
	the
radio
	and
	television 	stations.
	Consequently,
	we
	conclude
	that
the
	station
	manager
	has
	significant 	responsibilities
	for
formulating
	and
	administering
	policies
	and 	programs
	related
	to
the
	TV
	station
	and
	exclude
	this 	position
	from
	the 	unit
	as
	a
managerial
	employee.
Student Affairs
	Program
	Officers
	III,
	IV
	and
	V	
(2669, 	2670,
2673, 	2675,
	2676)
The
	student
	affairs
	program
	officers
	(SAPO)
	direct 	various
student 	services
	programs 	such 	as 	the 	Educational 	Opportunity
Program, 	counseling 	centers,
	and
	the 	student
	uni.on,
	financial
aid
	and
	associated 	student 	operations.
	As
	directors, 	they
	have
primary 	responsibility 	for 	deciding 	the 	direction 	of 	the
56

program,
	determining
	relevant 	policy
	issues,
	and
	initiating
	new
programs
	and
	services.
	For
	example,
	the
	director
	of 	the
counseling
	center
	at
	Long
	Beach
	State
	established
	a 	new
	program
counseling 	older 	students 	reentering
	the
	university
	system.
The
	director
	of 	the 	Educational 	Opportunity
	Program
	reorganized
that
	program,
	which
	required
	him
	to
	eliminate
	some
	positions
and
	combine
	other
	job
	functions.
	He
	is
	also
	responsible 	for
deciding 	the
	program's
	student 	recruitment
	policies.
Similarly,
	the
	director
	of
	career
	development,
	a 	SAPO
	V,
determines
	the
	center's
	policy 	regarding
	services
	to
	be
provided
	to 	students.
	He,
	like
	other
	SAPO,
	also
	hires
	and
supervises 	the 	program's
	staff.
In 	addition,. 	the
	SAPO
	are 	usually 	responsible
	for
	a
significant 	part
	of
	the
	budgeting 	process 	for
	their
	programs,
often
	formulating
	and
	allocating
	the
	budget.
Accordingly,
	we
	find
	that
	the
	SAPO
	III,
	IV
	and
	V
	exercise
sufficient 	responsibility
	for 	formulating
	policy, 	administering
programs
	and
	supervising
	staff
	to 	warrant
	their
	exclusion
	from
the
	unit
	as 	managers
	and/or 	supervisors.
Supervising 	Credential
	Analyst
	(2629)
This
	employee
	heads 	the
	credentials 	section 	of 	the
registrar's 	office, 	directly
	supervises
	a
	staff
	of 	three
credential 	evaluators
	by
	assigning
	and 	reviewing
	work
	and
otherwise 	oversees 	the 	functions 	of 	that 	department. 	In
addition 	to 	having 	primary
	responsibility 	for 	hiring, 	training
and
	evaluating 	staff
	members,
	the 	supervising 	credential
57

analyst
	is
	involved
	in
	the
	discipline
	and
	retention
	of
probationary
	employees.
	Based
	on
	these
	indicia 	of 	supervisory
status, 	this 	classification 	is
	excluded
	from
	the
	unit.
Evaluation
	Technicians
	II
	(2631)
In
	his/her 	role
	as
	supervisor 	of 	the
	evaluation
	services
staff,
	the 	evaluation 	technician
	II
	hires
	and
	evaluates
evaluation 	technicians
	I,
	assigns
	work,
	establishes 	guidelines
and
	procedures 	for 	the
	staff
	to 	follow,
	and
	coordinates
	their
work
	schedules.
	Based 	on
	this
	exercise
	of 	these 	supervisory
functions,
	this 	classification
	is
	excluded
	from
	the
	unit.
Director,
	Southern
	California
	Ocean
	Studies
	Consortium
This
	employee
	is
	the
	chief 	administrative
	officer
	of 	the
Oceanic
	Studies
	Consortium
	which
	exists
	to 	support
	and
	develop
educational
	and
	research
	programs
	in
	marine
	sciences.
	The
director
	has
	significant 	responsibility
	for
	initiating
	and
developing
	policies
	and
	priorities
	of
	the
	Consortium
	and
	for
supervising
	its
	staff.
	S/he
	is 	therefore
	a
	managerial 	and/or
supervisory
	employee 	and
	is
	excluded
	from
	the
	unit.
Coordinator,
	Area
	and
	Interdisciplinary
	Studies
The
	coordinator
	is 	responsible
	for
	several
	programs
	offered
by
	CSUC,
	e.g.,
	Child
	Development, 	Center 	for
	International
Studies, 	the 	Liberal 	Studies
	Program,
	etc.
	S/he
	is 	responsible
for 	developing 	policy 	related 	to 	these 	programs, 	developing
	and
allocating 	the 	budget
	and
	exercising 	general 	supervision 	over
the 	faculty 	teaching 	in 	these 	programs.
	We
	find
	thats/he
58

possesses
	sufficient
	indicia
	of
	a
	managerial
	employee
	to
warrant
	his/her
	exclusion
	from
	the
	unit.
Vocational
	Instructor,
	Building
	Program 	(2468,
	2469)
The
	incumbent
	in
	this
	position 	is
	heavily
	involved
	in
	the
planning
	and
	implementation
	of
	campus
	building
	programs.
Despite 	the 	implication
	of
	the
	title,
	s/he
	does
	not
	teach 	but
instead 	negotiates
	with
	outside 	contractors
	and
	government
officials
	regarding 	building
	matters,
	and
	consults
	with
	CSUC
officials
	about
	construction
	of
	and
	alterations
	in
	the
university's
	physical
	plant.
Although
	the
	employer 	contended
	during 	the 	hearing
	that
this
	position
	is
	managerial,
	it
	presented
	no
	evidence
	thats/he
performs
	any
	of
	the
	requisite
	functions 	of
	either
	a
	manager
	or
a
	supervisor.
	However,
	we
	decline 	to 	place
	this
	position
	in
	a
unit 	at 	this
	time,
	as
	it
	seems
	to 	possess
	no
	community
	of
interest
	with
	any
	of 	the 	four
	established 	units.
ORDER
Upon
	the 	foregoing 	Decision
	and
	the
	entire
	record
	in
	this
case,
	the 	Public
	Employment
	Relations
	Board
	ORDERS
	that:
(1)
	The
	following
	units 	are 	appropriate 	for 	the 	purpose 	of
meeting
	and
	conferring 	in
	good
	faith
	pursuant 	to
	Government
Code
	section
	3560
	et
	seq.
Unit 	1: 	Physicians 	Unit
Unit 	2: 	Health 	Care 	Support 	Unit
Unit 	3:
	Faculty Unit
Unit
	4: 	Academic 	Support Unit
59

The
	inclusions
	in
	the 	above-described
	units,
	by
	job
classification,
	and
	the 	exclusions
	therefrom
	are
	set
	forth
	in
Appendix
	A,
	attached
	hereto;
(2)
	The
	regional
	director 	shall
	examine
	new
classifications
	and
	re-classifications
	established
	subsequent
to
	the 	close
	of 	the
	record 	in
	this
	case
	and
	place
	them
	in
appropriate
	units
	in 	accordance 	with
	the
	Board's
	decision.
(3)
	Any
	technical
	errors
	in
	this
	ORDER
	shall
	be
	presented
to
	the 	regional
	director
	who
	shall
	take
	appropriate 	action
thereon 	in 	accordance 	with
	this
	decision.
The
	executive
	director 	is
	hereby
	directed 	to
	proceed 	under
California
	Administrative
	Code,
	title
	8,
	part
	3,
	division
	4.
PER
CURIAM
60

APPENDIX
	A
Unit
	1 	-
	Physicians
Shall
	INCLUDE:
Class
	Code	
Class
	Title
0605	
Veterinarian
	I
0608	
Veterinarian
	II
7727	
Medical
	Officer
	I 	-
	12-month
7728	
Medical
	Officer
	I 	-
	10-month
7729	
Physician
	I 	-
	12-month
7730	
Physician
	I 	-
	10-month
Shall
	EXCLUDE:
All
	employees
	found
	to
	be
	managerial, 	supervisory
	or
confidential
	within
	the
	meaning
	of
	Government
	Code
	section
	3560
et
	seq.
r	
including:
Class
	Code	
Class
	Title
7723	
Medical
	Officer
	III
	-
	10-month
7724	
Medical
	Officer
	III
7725	
Medical
	Officer
	II
	-
	12-month
7726	
Medical
	Officer
	II
	-
	10-month
77 33	
Supervising
	Medical
	Officer
	II
	-
	J2-month
7734	
Supervising
	Medical
	Officer
	II
	-
	10-month
77 35	
Medical
	Officer
	II
	-
	Program
Services
	-
	12-month
7736	
Medical
	Officer
	II
	-
	Program
	Services
	-
	10-month
l

Unit
	2 	-
	Health
	Care
	Support
Shall
	INCLUDE:
Class
	Code	
Class
	Title
1140	
Health
	Record
	Technician
7924	
Senior
	Clinical
	Laboratory Technologist
7925	
Supervising 	Senior
	Clinical
	Laboratory
Technologist
7927	
Clinical
	Laboratory Technologist
7976	
Speech
	Pathologist
7980	
Physical 	Therapist
	I
7988	
Radiation
	Protection
	Specialist
7990	
X-ray
	Technician
7991	
Pharmacist
	-
	10-month
7992	
Pharmacist
	-
	12-month8005	
Sanitarian
	II
8134	
Licensed
	Vocational
	Nurse
8135	
Clinical
	Laboratory
	Aide
8139	
Registered
	Nurse
8150	
Registered
	Nurse
	I 	-
	10-month
8151	
Registered
	Nurse
	I 	-
	12-month
8153	
Registered
	Nurse
	II
	-
	10-month
8154	
Registered
	Nurse
	II
	-
	12-month
8156	
Registered
	Nurse
	III
	-
	10-month
8157	
Registered
	Nurse
	III
	-
	12-month
8165	
Nurse
	Practitioner
	-
	10-month
8166	
Nurse
	Practitioner
	-
	12-month8168	
Supervising 	Registered
	Nurse
	III
	-
	10-month
8169	
Supervising 	Registered
	Nurse
	III
	12-month
Shall	
EXCLUDE:
All
	employees 	found
	to
	be
	managerial, 	supervisory
	or
confidential 	within 	the
	meaning
	of
	Government
	Code
	section
	3560
et 	seq.,
	including:
Class
	Code	
Class
	Title
8159	
Registered
	Nurse
	IV 	-
	10-month
8160	
Registered
	Nurse
	IV 	-
	12-month
2

Unit
	3 	-
	Faculty
Shall
	INCLUDE:
Class
	Code	
Class
	Title
2356	
Substitute 	Instructional
	Faculty
	- 	Summer
	Session
2357	
Instructional
	Faculty
	- 	Summer
	Session
2358	
Lecturer
	-
	Academic 	Year
2359	
Lecturer
	-
	12-month
2360	
Instructional
	Faculty
	-
	Academic 	Year
236
0	
Department
	Chair
	(Program
	Coordinator,
	Program
Di
rector)
2361	
Instructional
	Faculty
	-
	12-month
2361	
Department
	Chair
	(Program
	Coordinator,
	Program
Director)
236
2	
Demonstration
	Instructional
	Faculty
2363	
Instructional
	Faculty,
	Extension
236
4	
Instructional
	Faculty,
	Overseas
	Contract
Assiqnment
2365 	Music
	Studio
	Instructional
	Faculty
2368	
Instructional
	Faculty, 	Extra
	Quar~er
	Assignment,
QYSRO
2369	
Lecturer,
	Overseas
	Contract
	Assignment
	-
	12-month
2373 	Head
	Coach
	-
	12-month
237
4	
Head 	Coach
	-
	10-month
237 5	
Head 	Coach
	-
	Academic 	Year
2376 	Coach
	-
	12-month
2377 	Coach
	-
	10-month2378 	Coach
	-
	Academic Year
2379	
Coaching
	Specialist
	-
	12-month
2380	
Coaching
	Specialist
	-
	10-month2381	
Coaching
	Specialist
	-
	Academic 	Year2382	
Coaching
	Assistant
	-
	12-month2383	
Coaching
	Assistant
	-
	10-month2384	
Coaching
	Assistant
	-
	Academic Year2385	
Department 	Chairman
	-
	12-month2386	
Administrative 	Faculty
	-
	12-month2387	
Grant 	Related
	Instructional 	Faculty
	-
	AcademicYear
2388	
Grant 	Related
	Instructional 	Faculty
	-
	12-month2390	
Instructional 	Faculty
	- 	Summer
	Quarter 	Assignment2394	
Instructional 	Faculty, 	Executive 	Committee,Academic
	Senate2395	
Instructional Faculty,
	Chairman, 	Academic
	Senate
2399	
Instructional 	Faculty
	-
	Academic 	Year
2399 	Department Chair 	(Program
	Coordinator,
	Program
Di
rector) 
3

Unit
	3 	-
	Faculty
	(Continued)
Shall
	INCLUDE
	(Continued):
Class
	Code	
Class
	Title
2462	
Vocational
	Instructor,
	Academic 	Year
246 3	
Vocational
	Instructor
	-
	10-month
2464	
Vocational
	Instructor
	-
	12-month
2466	
Vocational
	Instructor,
	Overseas
	Contract
Assignment
2909	
Assistant
	Director 	of
	the 	Library
	-
	10-month
2913	
Supervising
	Librarian
	-
	10-month2914	
Supervising
	Librarian
	-
	12-rnonth2919	
Librarian
	-
	10-rnonth2920	
Librarian
	-
	12-rnonth
Shall
	EXCLUDE:
All
	employees
	found
	to
	be
	managerial, 	supervisory
	or
confidential
	within
	the
	meaning
	of
	Government
	Code
	section
	3560
et 	seq.,
	including:
Class
	Code	
Class
	Title
2320	
Resident 	Director
	International
	Programs
	-
Academic Year2321	
Resident 	Director
	International
	Programs
	-
12-rnon
th
2370	
Director 	of
	Athletics
	-
	12-rnonth
2371	
Director 	of
	Athletics
	-
	10-rnonth
2372	
Director 	of
	Athletics
	-
	Academic Year2396 	Academic
	Specialist
	-
	Academic 	Year
2397 	Academic
	Specialist
	- 	12-rnonth2468	
Vocational
	Instructor,
	Building 	Program,
Academic 	Year2469	
Vocational
	Instructor,
	Building
	Program
	-
12-rnon
th
2910	
Associate 	Director 	of 	the 	Library
	-
	12-month
2925	
Associate 	Director 	of 	the 	Library
	-
	10-rnonth
Coordinator,
	Area 	and
	Interdisciplinary
	Programs
Director,
	Southern
	California
	Ocean
	Studies
Censor
ti
urn
:,4

Unit 	4 	- 	Academic 	Support
Shall 	INCLUDE:
Class 	Code 	Class 	Title
2339 	Housing 	Coordinator 	- 	Academic 	Year
2340 	Housing 	Coordinator 	- 	12-month
2341 	Counselor 	- 	Academic 	Year
2342 	Counselor 	- 	12-month
2343 	Counselor 	and 	Test 	Officer 	- 	Academic 	Year
2344 	Counselor 	and 	Test 	Officer 	- 	12-month
2345 	Placement 	Officer 	- 	Academic 	Year
2346 	Placement 	Officer 	- 	12-month
2349 	Test 	Officer 	- 	Academic Year
2350 	Test 	Officer 	- 	12-month
2628 	Credential 	Analyst
2632 	Evaluation 	Technician 	I
26 35 	Student Personnel 	Technician, 	Financial Aid
2636 	Supervising 	Student 	Personnel 	Technician,
Financial Aid
2647 	Educational 	Research 	Project 	Consultant
2648 	Student Affairs 	Assistant 	III
2649 	Student Affairs 	Assistant 	IV
2651 	Student Affairs 	Trainee
2652 	Student 	Affairs 	Assistant 	I 	- 	12-month
2653 	Student Affairs 	Assistant 	I 	- 	10-month
2654 	Student Affairs 	Assistant 	II 	- 	12-month
2655 	Student Affairs 	Assistant 	II 	- 	10-month
2656 	Student Affairs 	Officer 	III 	- 	12-month
2657 	Student Affairs 	Officer 	III 	- 	Academic 	Year
2658 	Student Affairs 	Officer 	IV 	- 	12-month
2659 	Student Affairs 	Officer 	IV 	- 	Academic Year
2660 	Student Affairs 	Officer V 	- 	12-month
2661 	Student Affairs 	Officer V - 	Academic Year
2663 	Supervising 	Student Affairs 	Assistant 	III
2664 	Supervising 	Student Affairs 	Assistant 	IV
2665 	Supervising 	Student Affairs 	Assistant 	II 	-
12-month
2666 	Supervising 	Student Affairs 	Assistant 	II 	-
10-month
2667 	Supervising 	Student Affairs 	Officer 	III 	-
12-month
2668 	Supervising 	Student 	Affairs 	Officer 	III 	-
Academic 	Year
2671 	Supervising 	Student Affairs 	Officer 	IV 	- 	12-month
2672 	Supervising 	Student Affairs 	Officer 	IV 	-
Academic 	Year
5

Unit
	4 	-
	Academic
	Support
	(Continued)
Shall
	INCLUDE
	(Continued):
Class
	Code	
Class
	Title
2802	
Educational
	Television
	Program
	Director,
	SDSU
2894	
Supervising
	Library
	Assistant
	I
2895	
Supervising 	Library
	Assistant
	II
2896	
Supervising
	Library
	Assistant
	III
2984	
Associate
	Dean,
	Counseling
	and
	Testing
9164	
Placement
	Interviewer
Shall
	EXCLUDE:
All
	employees
	found
	to
	be
	managerial, 	supervisory
	or
confidential
	within
	the
	meaning
	of
	Government
	Code
	section
	3560
et 	seq.,
	including:
Class
	Code	
Class
	Title
2629	
Supervising
	Credential
	Analyst
2631	
Evaluation Techincian
	II
2669	
Student
	Affairs
	Program
Officer
	III
	-
	12-month
2670	
Student
	Affairs
	Program
	Officer
	III
	-
	AcademicYear
2673	
Student
	Affairs
	Program
	Officer
	IV 	-
	12-month
(Records
	Officer,
	Admissions
	and
	Records)2674	
Student
	Affairs
	Program
Officer
	IV
2675	
Student
	Affairs
	Program
Officer
	V
	(Director 	of
Placement
	and
	Disabled 	Students)
2676	
Student
	Affairs
	Program
	Officer
	V
2801	
Educational 	Television Station
	Manager,
	SDSU
6