Carlsbad Unified School District (PERB 0041E)

STATE OF CALIFORNIA
DECISION OF THE EDUCATIONAL
EMPLOYMENT RELATIONS BOARD
CARLSBAD UNIFIED SCHOOL DISTRICT,
Employer,
Case Nos. LA-R-107and LA-R-784
CARLSBAD UNIFIED TEACHERS ASSOCIATION/
CTA/NEA, Chapter 160,
Employee Organization, EERB Decision No. 41
and
OCEANSIDE-CARLSBAD FEDERATION OF
TEACHERS/AFT, Local 1344 	November 29, 1977
Employee Organization,
and
CARLSBAD CERTIFICATED SUPERVISORY
ASSOCIATION,
Employee Organization.
Appearances: Glen Whitener for Carlsbad Unified School District; William
Morgan for Carlsbad Unified Teachers Association; Raoul Teilhet for Oceanside-
Carlsbad Federation of Teachers; Joseph Deminicantanion for Carlsbad Certificated
Supervisory Association.
Before Alleyne, Chairman; Gonzales and Cossack, Members.
OPINION
This case comes before the Educational Employment Relations Board on
appeal from a hearing officer's decision that the certificated coordinators
employed in the Carlsbad Unified School District (hereinafter District) are
not supervisory employees within the meaning of Government Code Section 3540.1 (m)
of the Educational Employment Relations Act (hereinafter EERA or Act) . That
section reads :
"Supervisory employee" means any employee, regardless
of job description, having authority in the interest of
the employer to hire, transfer, suspend, lay off, recall,
"At issue herein are the vocational/career coordinator, athletic
coordinator, ASB coordinator, counselor coordinator, academic coordinator,
bilingual coordinator and general coordinator positions.
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STATE OF CALIFORNIA
DECISION OF THE EDUCATIONAL
EMPLOYMENT RELATIOOS BOARD
CARI.SBAD UNIFIED SCHOOL DISTRICT,
Employer,
and
CARLSBAD UNJ.E'IED 'IEACHERS ASSOCIATIOO/
CTA/NEA, 	Chapter 160,
Employee Organization,
and
OCEANSIDE-CARLSBAD FEDERATI.00 OF
TEACHERS/AFT, local 1344,
Employee Organization,
and
C.ARLSBAD CERTIFICATED SUPERVISORY
ASSOCIATION,
Employee Organization.
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Case Nos. 	IA-R-107
IA-R-784
EERB Decision No. 	41
November 29, 	1977
Appearances: 	Glen Whitener for Carlsbad Unified School District; 	William
:tv:brgan for Carlsbad Unified Teachers Association; 	Raoul Teilhet for Oceanside-
Carlsbad Federation of Teachers; 	Joseph Deminicantanion for Carlsbad Certificated
Supervisory Association.
Before Alleyne, 	Chairman; 	Gonzales an_d Cossack, Members.
OPINION
This case comes before the Educational Employment Relations Board on
appeal from a hearing officer's decision that the certificated coordinators1
employed in the Carlsbad lhlfied School District (hereinafter District) 	are
not supervisory employees within the meaning of Government Code Section 3540.l(m)
of the Educational Employment Relations Act 	(hereinafter EERA or Act). 	That
section reads:
"Supervisory employee" means any employee, 	regardless
of job description, 	having authority in the interest of
the en:ployer to hire, 	transfer, 	suspend, 	lay off, 	recall,
1At issue herein are the vocational/career coordinator, 	athletic
coordinator, ASB coordinator, 	cotm.selor coordinator, 	academic coordinator,
bilingual coordinator and general coordinator positions.
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promote, discharge, assign, reward, or discipline
other employees, or the responsibility to assign
work to and direct them, or to adjust their grievances,
or effectively recommend such action, if, in connecti
with the foregoing functions, the exercise of such
authority is not of a merely routine or clerical
nature, but requires the use of independent judgment.
The appealing party, the District, takes exception to the hearing officer's
decision on the grounds that the evidence produced at the hearing established
that the coordinators of the District ". ..(a) hire, (b) assign, (c) discipline
other employees, and (d) assign work to and direct other employees." We
agree with the District that the hearing officer erred in not finding the
coordinators to be supervisory employees within the meaning of the above-stated
definition.
Section 3540.1(k) is to be read in the disjunctive; the possession
of any one of the enumerated functions listed in this section or the effective
power to recommend such action, if requiring independent judgment, is sufficient
to make one a supervisor. Accordingly, while the evidence provides several
bases for finding the coordinators to be supervisors, i.e., that they indepen
dently and effectively evaluate and discipline the teachers, for the sake of
brevity, we limit our examination of the evidence to that which pertains
to the authority of the coordinators to effectively make assignments.
The coordinators, unlike the department heads in New Haven Unified School
District, " do not simply coordinate teacher requests for assignment.
The District also excepted to the hearing officer's conclusion that an
oral amendment by the Carlsbad Unified Teachers Association at the hearing
regarding its unit description put it in conformity with the unit description
offered by the Oceanside-Carlsbad Federation of Teachers. However, in
correspondence submitted to this Board by all the parties in this case,
subsequent to the time the District filed its exceptions, a stipulation has
been reached as to the unit description for the certificated personnel in the
District so as to moot the District's exception on this point.
See Sweetwater Union High School District, EERB Decision No. 4 (November 23,
1976) and San Diego Unified School District, EERB Decision No. 8 (February 8,
1977) following federal precedent set forth in Ohio Power and Light Company v.
NLRB, 176 F. 2d 385, 23 LRRM 1242 (C.A. 6, 1949), cert. denied, 388 U.S. 899.
"EERB Decision No. 14 (March 17, 1977).
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promote, 	discharge, 	assign, 	reward, 	or discipline
other employees, 	or the responsibility to assign
work to and direct them, 	or to adjust their grievances,
or effectively recom:nend such action, 	if, 	in connection	on
with the foregoing functions, 	the exercise of such
authority is not of a merely routine or clerical
nature, 	but requires 	the use of independent judgment.
The appealing party, 	the District, 	takes exception to the hearing officer' s
decision on the grounds 	that the evidence produced at the hearing established
that the coordinators of the District" ... (a) 	hire, 	(b) 	assign, 	(c) 	discipline
1other employees, 	and (d) 	assign work to and direct other employees. 12 We
agree with the District that the hearing officer erred in not finding the
coordinators 	to be supervisory employees within the meaning of the above-stated
definition.
Se.ction 3540. l(k) 	is 	to be read in the disjunctive; 	the possession
of any one of the enumerated functions 	listed in this section or the effective
power to recorrmend such action, 	if requiring independent judgment, 	is sufficient
to make one a supervisor. 3 Accordingly, while the evidence provides 	several
bases for finding the coordinators to be supervisors , 	i.e. , 	that they indepen-
dently and effectively evaluate and discipline the teachers, 	for 	the sake of
brevity, we lirnit our examination of the evidence to 	that -which pertains
to the authority of the coordinators 	to effectively make assignments.
The coordinators , unlike the department heads in New Haven Unified School
District, 4 do not simply coordinate teacher requests for assignment.
2rhe District also excepted to the hearing officer's conclusion that an
oral amendment by the Carlsbad Unified Teachers Association at the hearing
regarding its unit description put it in confonnity with the unit description
offered by the Oceanside-Carlsbad Federation of Teachers. 	However, 	in
correspondence submitted to this Board by all t.l-ie parties in this case,
subsequent to the time the District filed its exceptions, 	a stipulation has
been reached as 	to the unit description for the certificated personnel in the
District so as 	to root the District's exception on this point.
3see Sweetwater Union Hi 	School District, 	EERB Decision No. 	4 	(November 23,
1976) an 	San Di~o Unified School District, 	EERB Decision No. 	8 (February 8,
1977) 	following ederal precedent set forth in Ohio Power and Li;t Company v.
NLRB, 	176 F.2d 385, 	23 LRRM 1242 	(C.A. 	6, 	1949), 	cert. 	denied, 	3 	U.S. 	899.
-- 4EER8 Decision No. 14 	(March 17, 	1977).
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They have individual responsibility for making curriculum assignments.
Further, coordinators have the authority to change the assignments. The
principal is eventually informed of such assignments and his or her input
may be sought. However, it appears from the record that the principal's
role in the area of assignments is really pro forma and that responsibility
in this area actually lies with the coordinators.
In addition to having the authority to make curriculum assignments,
the coordinators assign various extra-curricular activities. For example,
the ASB (Associated Student Body) coordinator assigns personnel to supervise
social activities such as school dances and the athletic coordinator makes
coaching assignments. Evidence offered for purposes of establishing the
effectiveness of such assignments was Limited to the coaching assignments.
It indicated that the Board of Education has ultimately approved such
assignments with no known instance of having overturned the coordinator's
decision.
The foregoing evidence persuades us that the coordinators in this case
are indeed supervisory employees within the meaning of Government Code
Section 3540.1(m) . The decision of the hearing officer is therefore reversed.
ORDER
The following are "supervisory employees" within the meaning of Section
3540.1(m) : vocational/career coordinator, athletic coordinator, ASB coordinator,
counselor coordinator, academic coordinator, bilingual coordinator, general
coordinator.
By : Raymond J. Gonzales, Member
Jerilou H. Cossack, Member, concurring:
I agree with the majority that the coordinators here are supervisors.
However, unlike the majority, I base the conclusion on their ability to
effectively recommend the hire, discharge and discipline of employees as
well as their authority to effectively recommend the assignment of employees.
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They have individual responsibility for making curricult.m assigriments.
Further, 	coordinators have the authority to change the assignments. 	The
principal is eventually _informed of such assignments and his or her input
may be sought. 	However, 	it appears- from the record that the principal's
role in the · area of assignments is really pro fo:cma and that responsibility
in this area actually lies with the coordinators.
In addition to having the authority to make curriculun assi.grments ,
the coordinators assign. various extra-curricular activi.ti.es. 	For example,
the ASB 	(Associated Student Body) 	coordinator assigns personnel to supervise
social activities such as school dances and the athletic coordinator makes
coaching assigrnnents. 	Evidence offered for purposes of establishing the
effectiveness of such assigrments was limited to the coaching assignments.
It indicated that the Board of Education has ultimately approved such
assigrn:nents with no known instance of having overturned the coordinator's
decision.
The foregoing evidence persuades us that the coordinators in this 	case
are indeed. supervisory employees within the meaning of Goverrnnent Code
Section 3540. 1 (m) . 	The decision of the hearing officer is therefore reversed.
ORDER
'lhe following are "supervisory employees" within the meaning of Section
3540.l(m): 	vocational/career coordinator, 	athletic coordinator, ASB coordinator,
counselor coordinator, 	academic coordinator, 	bilingual coordinator, 	general
coordinator.
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By 	Gonzales, Member 	Reginald Alleyne, Chairman	r 	Ra;i;;~dJ. Regina1<3/..J.~1-e_yn_e_,_Chairinan_	........______ '
.. 	.
Jerilou H. Cossack, M:nber, concurring:
I agree 	fii.e majority that the coordinators here are supervisors.
However, 	unlike the majority, 	I 	base the conclusion on their ability to
effectively reconm:nd the hire, 	discharge and discipline of employees as
well as their authority to effectively reconmmd the assignment of employees.
with
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Unlike the subject coordinators in I.Dmpoc Unified School Disttict, 1the
coordinators in the instant case effectively reccmrend the hire of enployees .
They are part of a conmittee which includes no persons in the negotiating unit
but, 	rather, 	is corrposed of the principal, 	a district representative, 	usually
the di.rector of personnel, 	and a coordinator. 	The conmittee' s recorrmmdations
go directly to the govenring board and appear to be uniformly followed. 	In
addition, 	the coordinators prepare written evaluations of both probationary
and tenured employees. 	These evaluations are the primary basis upon which a
decision is made regarding retention of probationary enployees. 	Finally, 	the
written evaluations by coordinators of tenured employees provide the basis for
initiating disciplinary action. 	Accordingly, 	I 	find the coordinators to be
supervisors within the rean:ing of the EERA.
Jerilou H. Cossack, Member
1EERB Decision No. 13, March 17, 1977.
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coordinators in the instant case effectively recommend the hire of employees.
They are part of a committee which includes no persons in the negotiating unit
but, rather, is composed of the principal, a district representative, usually
the director of personnel, and a coordinator. The committee's recommendations
go directly to the governing board and appear to be uniformly followed. I
addition, the coordinators prepare written evaluations of both probationary
and tenured employees. These evaluations are the primary basis upon which a
decision is made regarding retention of probationary employees. Finally, the
written evaluations by coordinators of tenured employees provide the basis for
initiating disciplinary action. Accordingly, I find the coordinators to be
supervisors within the meaning of the EERA.
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EDUCATIONAL EMPLOYMENT RELATIONS BOARD
OF THE STATE OF CALIFORNIA
In the Matter of:
CARLSBAD UNIFIED SCHOOL DISTRICT
Employer,	Employer,
and	and
CARLSBAD UNIFIED TEACHERS ASSOCIATION/
CTA/NEA, 	Chapter 160,
Employee Organization,
and
OCEANSIDE-CARLSBAD FEDERATION OF
TEACHERS/AFT, 	Local 1344,
Employee Organization,
and
CARLSB~ CERTIFICATED SUPERVISORY
ASSOCIATION,
Employee Organization.
Case Nos. 	LA-R-107
LA-R-784
PROPOSED DECISION
(5/20/77)
LA-R-784
(5/20/77)
Appearances: 	Glen Whitener for Carlsbad Unified School District;
William Morgan for Carlsbad Unified Teachers Association; 	Raoul Teilhet
for Oceanside-Carlsbad Federation of Teachers; 	Joseph Deminicantanion
for 	Carlsbad Certificated Supervisory Association.
In the Matter of:
Before Jeff Paule, Hearing Officer.Before Jeff Paule, 	Hearing Officer.
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OF THE STATE OF CALIFORNIA
EDUCATIONAL EMPLOYMENT RELATIONS BOARD
Case Nos. LA-R-107
PROPOSED DECISION
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____________________ )
Appearances: Glen Whitener for Carlsbad Unified School District;
William Morgan for Carlsbad Unified Teachers Association; Raoul Teilhet
for Oceanside-Carlsbad Federation of Teachers; Joseph Deminicantanion
for Carlsbad Certificated Supervisory Association.
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CARLSBAD UNIFIED SCHOOL DISTRICT
CARLSBAD UNIFIED TEACHERS ASSOCIATION/
CTA/NEA, Chapter 160,
Employee Organization,
and
OCEANSIDE-CARLSBAD FEDERATION OF
TEACHERS/AFT, Local 1344,
Employee Organization,
and
CARLSBAD CERTIFICATED SUPERVISORY
ASSOCIATION,
Employee Organization.

PROCEDURAL HISTORY
On Aprill, 	1976, 	the Carlsbad Unified Teachers Association
filed 	its request for recognition with the Carlsbad Unified School
District, 	seeking recognition of a certificated employee unit consisting
of certain specified regular full and part-time certificated employees
of the district and specifically excluding therefrom coordinators and
certain other positions.
On April 1, 1976, the Carlsbad Unified Teachers Association
PROCEDURAL HISTORY
On April 28, 1976, the Oceanside-Carlsbad Federation of Teachers	On April 28, 1976, 	the Oceanside-Carlsbad Federation of Teachers
filed an intervention seeking recognition of a certificated employee unit,
excepting therefrom coordinators teaching less 	than two classes and certain
other positions.	other positions.
filed an intervention seeking recognition of a certificated employee unit,
excepting therefrom coordinators teaching less than two classes and certain
April 29, 	1976, 	th.e Carlsbad Unified Teachers Association
filed an amendment to 	its earlier request for recognition, modifying the
unit description to include certain positions not herein in issue.
On April 29, 1976, the Carlsbad Unified Teachers Association
filed an amendment to its earlier request for recognition, modifying the
unit description to include certain positions not herein in issue.
On May 28, 1976, 	the Carlsbad Unified School District requested
a unit determination hearing oy the Educational Employment Relations Board •
On May 28, 1976, the Carlsbad Unified School District requested
a unit determination hearing by the Educational Employment Relations Board.
On Januar,y 18, 	1977, 	the Carlsbad Certificated Supervisory Associa-
tion filed 	its 	request for recognition seeking recogniti~n of a supervisory
unit consisting of nine certificated coordinators.
On January 18, 1977, the Carlsbad Certificated Supervisory Associa-
tion filed its request for recognition seeking recognition of a supervisory
unit consisting of nine certificated coordinators.
On March 21, 1977, 	a formal unit determination hearing was held,
at which time the Carlsbad Unified Teachers Association orally amended its
request for recognition so that its unit description is 	identical to 	that
of the Oceanside-Carlsbad Federation of Teachers •
On March 21, 1977, a formal unit determination hearing was held,
at which time the Carlsbad Unified Teachers Association orally amended its
request for recognition so that its unit description is identical to that
of the Oceanside-Carlsbad Federation of Teachers. There was no objection	.!/ 	There was no objection
to 	this amendment.	to this amendment.
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On
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1/	1/ 	The unit description contained in Oceanside-Carlsbad Federation of
Teachers' 	intervention is as follows: 	INCLUDE elementary and secondary
classroom teachers, 	special education teachers 	(deaf and hard of hearing,
E.E.H., 	speech, 	E.M.R., 	aphasic, 	L.D.G., 	language development, 	reading,
continuation school), 	teacher coordinators with two or more classroom
teaching assignments, 	resource teachers, 	nurses, 	psychologists, 	psychom-
etrists, 	counselors, 	music 	teachers, 	librarians; 	ECE consultants, 	inter-
session and teachers on leave of absence. 	EXCLUDE superintendent,
assistant superintendent, 	directors of pupil personnel, 	certificated
personnel and curriculum, 	principals, 	assistant 	principals, 	vice principals,
coordinators 	teaching less 	than two classes and day-to-day substitutes.
The unit description contained in Oceanside-Carlsbad Federation of
Teachers' intervention is as follows: INCLUDE elementary and secondary
classroom teachers, special education teachers (deaf and hard of hearing,
H. , speech, E.M. R., aphasic, L.D. G., language development, reading,
continuation school), teacher coordinators with two or more classroom
teaching assignments, resource teachers, nurses, psychologists, psychom-
etrists, counselors, music teachers, librarians; ECE consultants, inter-
session and teachers on leave of absence. EXCLUDE superintendent,
assistant superintendent, directors of pupil personnel, certificated
personnel and curriculum, principals, assistant principals, vice principals,
coordinators teaching less than two classes and day-to-day substitutes.
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filed its request for recognition with the Carlsbad Unified School
District, seeking recognition of a certificated employee unit consisting
of certain specified regular full and part-time certificated employees
of the district and specifically excluding therefrom coordinators and
certain other positions.

ISSUE
Whether the certificated coordinators are supervisory employees.
FINDINGS OF FACT AND DISCUSSION
The evidence with respect to the coordinators is essentially the
same and therefore, the discussion and conclusions which follow apply to
all coordinators. 21
Government Code Section 3540.1(m) states:
"Supervisory employee" means any employee,
regardless of job description, having authority
in the interest of the employer to hire, transfer,
suspend, lay off, recall, promote, discharge,
assign, reward, or discipline other employees, or
the responsibility to assign work to and direct
them, or to adjust their grievances, or effectively
recommend such action, if, in connection with the
foregoing functions, the exercise of such authority
is not of a merely routine or clerical nature, but
requires the use of independent judgment.
As stated in Sweetwater Union High School District, EERB Decision
No. 4 (November 23, 1976), "[this section of the Act is written in the
disjunctive; therefore, an employee need not possess all of the enumerated
functions or duties to be a supervisor. The performance of any one of the
enumerated actions or the effective power to recommend such action is
sufficient to make one a supervisor within the meaning of the Act."
(Citation omitted. ) 3/
The employer in the present case describes various instances in
which the coordinators were involved in hiring, disciplining and directing
other employees and in assigning work to other employees. However, there
2/ Coordinator of instructional materials, vocational/career coordinator,
athletic coordinator, ASB coordinator, counselor coordinator, academic
coordinator, bilingual coordinator, general coordinator and project coordinator.
3 See also San Diego Unified School District, EERB Decision No. 8
(February 18, 1977).
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ISSUE
Whether the certificated coordinators are supervisory employees.
FINDINGS OF FACT AND DISCUSSION
The evidence with respect 	to the coordinators 	is essentially the
same and therefore, 	the discussion and conclusions which follow apply 	to
all coordinators.1./
Government Code Section 3540.l(m) 	states:
"Supervisory employee" means any employee,
regardless of job description, 	having authority
iri the 	interest of the employer to hire, 	transfer,
suspend, 	lay off, 	recall, 	promote, 	discharge,
assign, 	reward, 	or discipline other employees, 	or
the responsibility to assign work to and direct
them, 	or to adjust their grievances, 	or effectively
recommend such action, 	if, 	in connection with the
foregoing 	functions, 	the exercis-e of such authority
is not of a merely routine or clerical nature, 	but
requires 	the use of independent judgment.
As stated in Sweetwater un'ion High School District, 	EERB Decision
No. 	4 	(November 23, 	1976), 	"[t]his section of the Act is written in the
disjunctive; 	therefore, 	an employee need not possess all of the enumerated
functions 	or duties 	to be a supervisor. 	The performance of any one of the
enumerated actions or the effective power to recommend such action is
sufficient to make one a supervisor within the meaning of the Act."
(Citation omitted.) 1/
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The employer in the present case describes various instances 	in
which 	the coordinators were involved in hiring, 	disciplining and directing
other employees and in assigning work to 	other employees. 	However, 	there
'l:./ 	Coordinator of instructional materials, 	vocational/career coordinator,
athletic coordinator, ASB coordinator, 	counselor coordinator, 	academic
coordinator, 	bilingual coordinator, 	general coordinator and project coordinator.
3/ See also San Diego Unified School District, 	EERB Decision No. 	8
(February 18,1977).
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is a distinction to be made in the degree, nature and quantum of the authority
and responsibility given the coordinators with respect to these responsibilities.
Such a distinction was made apparent in two recent Board decisions, Lompoc
Unified School District, EERB Decision No. 13, (March 17, 1977), where the
Board found part-time subject coordinators not to be supervisors, and New
Haven Unified School District, EERB Decision No. 14 (March 22, 1977), where
the Board found high school department heads not to be supervisors. As will
be shown, the positions discussed in Lompoc and New Haven do not differ very
extensively from, and in fact are very similar to, the coordinators in Carlsbad.
The record indicates that the coordinator positions became effective
July 1, 1976. Prior to this time, there existed in the Carlsbad Unified School
District the position of department chairman. The position of coordinator
encompasses the responsibilities of the department chairman, adding very little
additional authority. Although the coordinators may direct curriculum develop-
ment, make recommendations and make assignments within their department,
nevertheless, as in New Haven, the primary responsibility and assignment of
the coordinators is as classroom teachers. Indeed, the record indicates that
most of the coordinators teach at least one-half of their working day.
The coordinators are on a separate salary schedule which provides
for additional compensation. 	In New Haven, however, the department heads also
received additional monetary compensation and the Board did not consider this
to be very persuasive evidence of supervisorial status. Both the New Haven
department heads and the Carlsbad coordinators need not possess a specialized
credential.
The employer argues that the coordinators' authority to hire is
equivalent to the responsibility possessed by the head custodian in Sweetwater,
supra. In Sweetwater, however, the assistant superintendent conducted the
initial interview; thereafter, the applicant talked with the head custodian,
who then gave his recommendation to the principal. The principal in Sweetwater
stated that he "placed considerable amount of weight in the head custodian's
opinion" and usually followed his advice 99 percent of the time. In the present
case, the coordinator, like the department chairman in New Haven, was merely
part of an interviewing committee, and therefore did not make an "independent"
recommendation.
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is a distinction to be made in the degree, 	nature and quantum of the authority
and responsibility given the coordinators with respect 	to 	these 	responsibilities.
Such a distinction was· made apparent 	in two 	recent Board decisions, 	Lompoc
Unified School District, 	EERB Decision No. 	13, 	(March 17, 	1977), where the
Board found part-time subject 	coordinators not 	to be supervisors, 	and New
Haven Unified School District, 	EERB Decision No. 	14 	(March 22, 	1977), where
the Board found high. school department heads not to be supervisors. 	As will
be shown, 	the positions discussed in Lompoc and New Haven do not differ very
extensively from, 	and 	in fact 	are very similar to, 	the coordinators 	in Carlsbad.
The 	record 	indicates 	that 	the coordinator positions became effective
July 1, 	1976. 	Prior to 	this 	time, 	there existed in the Carlsbad Unified School
District 	the position of department Qihairman. 	The position of d,oordinator
encompasses 	the 	respon§ibilities 	of the department chairman, 	adding very little
additional authority. 	Although 	the coordinators may direct curriculum develop-
ment, 	make recommendations and make assignments within their department,
nevertheless, 	as in New Haven, 	the primary responsibility and assignment of
the coordinators 	is as 	classroom teachers. 	Indeed, 	the 	record indicates that
most of the coordinators 	teach at 	least one-half of their working day.
T'ne coordinators 	are on a separate salary schedule which provides
for additional compensation. 	In New Haven, 	however, 	the department heads also
received additional monetary compensation and the Board did not 	consider this
to be very persuasive evidence of supervisorial status. 	Both the New Haven
department heads and the Carlsbad coordinators need not possess a specialized
credential.
The 	employer argues 	that the coordinators' 	authority to hire is
equivalent 	to 	the responsibility possessed by the head custodian in Sweetwater,
supra. 	In Sweetwater, 	however, 	the assistant 	superintendent conducted the
initial 	interview; 	thereafter, 	the applicant talked with the head custodian,
who 	then gave his 	recommendation to 	the principal. 	The 	principal 	in Sweetwater
stated that he "placed considerable amount of weight in the head custodian's
opinion" and usually followed his advice 99 	percent of the 	time. 	In 	the present
case, 	the coordinator, 	like the department chairman in New Haven, was merely
part of an interviewing committee, 	and 	therefore did not make an "independent"
recommendation.
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With 	respect to 	the coordinator's 	authority to "assign", 	th.e only
evidence presented was 	the assignment of various 	"extracurricular activities".
Dr. 	Douglas Deason, 	a witness called by the school district, 	stated 	that the
primary function of the coordinators was 	the responsibility of placing people
in departmental assignments. 	The employer compares this with area cafeteria
managers 	(San Diego Unified School District, 	EERB Decision No. 	8 	IFebruary 18,
1977]), who assign and direct the work of cafeteria workers, 	head gardeners
(San Diego), who develop work schedules 	for 	their crews, 	and head custodians
(Sweetwater), 	who allocate regular work assignments of the custodians. 	The	The
Carlsbad coordinators 	are more akin 	to department heads 	in New Haven, 	however,
than 	to custodians 	or gardeners. 	In New Haven, 	the Board characterized
"coordinating the 	request of teachers 	for 	the assignment of classes and
classrooms" as a 	routine administrative matter.
With respect to the coordinator's authority to "assign", the only
evidence presented was the assignment of various "extracurricular activities".
Dr. Douglas Deason, a witness called by the school district, stated that the
primary function of the coordinators was the responsibility of placing people
in departmental assignments. 	The employer compares this with area cafeteria
managers (San Diego Unified School District, EERB Decision No. 8 [February 18,
1977]), who assign and direct the work of cafeteria workers, head gardeners
(San Diego), who develop work schedules for their crews, and head custodians
(Sweetwater), who allocate regular work assignments of the custodians.
Carlsbad coordinators are more akin to department heads in New Haven, however,
than to custodians or gardeners. In New Haven, the Board characterized
"coordinating the request of teachers for the assignment of classes and
classrooms" as a routine administrative matter.
The school district also argues 	that the coordinators possess 	the
authority to discipline. 	The evidence indicates to the contrary; 	that 	the
coordinators do not have 	the authority to 	suspend, 	lay off, 	discharge, 	dismiss
or terminate employees. 	A witness 	for the employer did 	indicate that a
coordinator has 	the authority 	to 	call a 	teacher "to an accounting" 	for any
alleged misconduct.	alleged misconduct. 	"Accountability", 	however, 	is not 	the type of discipline
the Board has 	found 	to be indicative of supervisory status.
The school district also argues that the coordinators possess the
authority to discipline. The evidence indicates to the contrary; that the
coordinators do not have the authority to suspend, lay off, discharge, dismiss
or terminate employees. A witness for the employer did indicate that a
coordinator has the authority to call a teacher "to an accounting" for any
"Accountability", however, is not the type of discipline
the Board has found to be indicative of supervisory status.
On the basis 	of the 	evidence presented and in view of recent decisions
by the Board, 	it 	is concluded that the activities and functions 	of the Carlsbad
Unified School District coordinators "are merely 	[that of] 	more experienced
teachers 	giving advice and assistance to 	those less knowledgeable" New Haven,
supra, 	and accordingly, 	are not supervisors within the meaning of the Act.
On the basis of the evidence presented and in view of recent decisions
Inasmuch as 	the Carlsbad Unified Teachers Association and 	the
Oceanside-Carlsbad Federation of Teachers 	request a unit 	that 	includes only
those coordinators who teach two or more classes, 	it 	is necessary to ascertain
which coordinators 	teach 	the 	requisite two or more classes. 	Based on 	the
evidence, 	it 	is found that 	all but 	the Coordinator of Instructional Material
and Project 	Coordinator 	teach two or more classes
Inasmuch as the Carlsbad Unified Teachers Association and the
,i/ and accordingly, 	these	and accordingly, these
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4/	!:./ 	The aounselor c,oordinator does not 	teach, 	but 	counsels 	for one-half day.
Inasmuch as 	counselors are included in the unit without objection by 	the
employer, 	no 	distinction is made between counseling and 	teaching. 	This 	also
applies 	to 	the bilingual coordinator, who 	teaches one class but counsels 	for
three additional periods.
The counselor coordinator does not teach, but counsels for one-half day.
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by the Board, it is concluded that the activities and functions of the Carlsbad
Unified School District coordinators "are merely [that of more experienced
teachers giving advice and assistance to those less knowledgeable" New Haven,
supra, and accordingly, are not supervisors within the meaning of the Act.
Oceanside-Carlsbad Federation of Teachers request a unit that includes only
those coordinators who teach two or more classes, it is necessary to ascertain
which coordinators teach the requisite two or more classes. Based on the
evidence, it is found that all but the Coordinator of Instructional Material
and Project Coordinator teach two or more classes,~
Inasmuch as counselors are included in the unit without objection by the
employer, no distinction is made between counseling and teaching. This also
applies to the bilingual coordinator, who teaches one class but counsels for
three additional periods.

two 	positions as excluded from th.e unit proposed by the Carlsbad Unified
Teachers Association and Oceanside-Carlsbad Federation of Teachers 	on this
basis.
CARLSBAD CERTIFICATED. SUPERVISORY
ASSOCIATION'S PETITION
The petition by the Carlsbad Certificated Supervisory Association
requests 	recognition of a unit consisting of nine certificated coordinators.
Since Carlsbad Certificated Supervisory Association is an organization
seeking to represent a unit of supervisory employees, 	the petition shall
be dismissed.
PROPOSED DECISION
It is the proposed decision that:
1. 	A certificated employee unit 	consisting of all 	elementary and
secondary classroom teachers, 	special education teachers
(deaf and hard of hearing, 	E.H., 	speech, 	E.M.R., 	aphas.ic,
L.D.G., 	language development, 	reading, 	continuation school),
resource teachers, 	nurses, 	psychologists, 	psychometrists,
counselors, 	music 	teachers, 	librarians, 	ECE consultants,
intersession and teachers 	on leave of ab-sence and excluding
superintendent, 	assistant superintendent, 	directors of pupil
personnel, 	certificated personnel and curriculum, 	principals,
assistnat principals, 	vice principals, 	coordinators teaching
less 	than two classes 	(coordinator of instructional materials
and project 	coordinator), 	and day-to-day substitutes 	is
stipulated by all parties 	to be appropriate for 	the purpose
of meeting and negotiating, 	providing an employee organization
becomes 	the exclusive representative of the unit.
1. 	certificated employee unit consisting of all elementary and
CARLSBAD CERTIFICATED SUPERVISORY
PROPOSED DECISION
It is the proposed decision that:
becomes the exclusive representative of the unit.
2.2. Coordinators with two or more classroom teaching assignments,Coordinators with two or more classroom teaching assignments,
vocational/career coordinator, 	athletic coordinator, 	ASB
vocational/career coordinator, athletic coordinator, ASB
coordinator, 	counselor coordinator, 	academic coordinator,
coordinator, counselor coordinator, academic coordinator,
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two positions as excluded from the unit proposed by the Carlsbad Unified
The petition by the Carlsbad Certificated Supervisory Association
:
-6-
ASSOCIATION'S PETITION
Teachers Association and Oceanside-Carlsbad Federation of Teachers on this
basis.
requests recognition of a unit consisting of nine certificated coordinators.
Since Carlsbad Certificated Supervisory Association is an organization
seeking to represent a unit of supervisory employees, the petition shall
be dismissed.
A
secondary classroom teachers, special education teachers
(deaf and hard of hearing, E.H., speech, E.M. R., aphasic,
L.D.G., language development, reading, continuation school),
resource teachers, nurses, psychologists, psychometrists,
counselors, music teachers, librarians, ECE consultants,
intersession and teachers on leave of absence and excluding
superintendent, assistant superintendent, directors of pupil
personnel, certificated personnel and curriculum, principals,
assistnat principals, vice principals, coordinators teaching
less than two classes (coordinator of instructional materials
and project coordinator), and day-to-day substitutes is
stipulated by all parties to be appropriate for the purpose
of meeting and negotiating, providing an employee organization

bilingual coordinator, . general coordinator : are not supervisory
employees pursuant to Section 3540 . l(m) 	and shall oe
approp'i::iately included with. th.e certificated ' employee unit.
3. 	The Regional Director is 	requested to dismiss 	th .e 	petition
oy the Carlsbad Certificated Supervisory Association.
3.
The parties have seven (7) 	calendar days from receipt of this
proposed decision in which to file exceptions in accordance with Section 33380
of the Board's rules and regulations. 	If no party files 	timely exceptions,
this proposed decision will become a final order of the Board on 	June 1, 1977
and a Notice of Decision will issue from the Board.
Within ten 	(10) workdays after the employer posts 	the Notice of
Decision, 	the employee organziations shall demo_nstrate to the 	Regional Director
at least 30 percent support in the above units. 	The Regional Director shall
conduct an election at the end of the posting period if: 	(1) more than one
employee organization qualifies for the ballot, 	or (2) 	only one employee
organization qualifies for th.e ballot and 1r-he employer does not grant voluntary
recognition.	recognition.
Dated: May 20, 1977	Dated: 	May 20, 	1977
Paule
Hearing Officer
Jeff Paule
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bilingual coordinator, general coordinator are not supervisory
The parties have seven (7) calendar days from receipt of this
Within ten (10) workdays after the employer posts the Notice of
-7-
Jeff
The Regional Director is requested to dismiss the petition
by the Carlsbad Certificated Supervisory Association.
Hearing Officer
employees pursuant to Section 3540.1(m) and shall be
appropriately included with the certificated employee unit.
proposed decision in which to file exceptions in accordance with Section 33380
of the Board's rules and regulations. If no party files timely exceptions,
this proposed decision will become a final order of the Board on June 1, 1977
and a Notice of Decision will issue from the Board.
Decision, the employee organziations shall demonstrate to the Regional Director
at least 30 percent support in the above units. The Regional Director shall
conduct an election at the end of the posting period if: (1) more than one
employee organization qualifies for the ballot, or (2) only one employee
organization qualifies for the ballot and the employer does not grant voluntary

EDUCATIONAL EMPLOYMENT RELATIONS 	BOARD
STATE OF 	CALIFORNIA
EDUCATIONAL EMPLOYMENT RELATIONS BOARD
CARLSBAD 	UNIFIED 	SCHOOL DISTRICT,
Employer ,
and
CARLSBAD 	UNIFIED TEACHERS 	ASSOCIATION/.
CTA/NEA, 	CHAPTER 160,
Employee 	Organization,
and
OCEANSIDE-CARLSBAD 	FEDERATION OF
TEACHERS/AFT, 	LOCAL 	1344,
Employee 	Organization,
and
CARLSBAD 	CERTIFICATED SUPERVISORY
ASSOCIATION,
Employee.Organization.
CARLSBAD UNIFIED SCHOOL DISTRICT,
Case 	No . 	LA-R-784
LA-R-107
November 	29, 	1977
Case No. LA-R-784
follows :
A certificated employee 	unit 	consisting 	of 	all
certificated 	teaching 	personnel, 	wh ether 	under
contract 	or 	on 	leave , 	i ncluding 	special 	education
teachers, 	resource 	teachers, 	nurses, 	psychologists,
psychometrists, 	counselors, 	music 	teachers,
librarians, 	and 	annually-contracted 	intercession
teachers; 	and 	excluding 	the 	superintendent,
associate superintendent, 	assistant 	superintendent,
director 	of pupil 	personnel, 	director 	of 	certi f icated
personnel, 	principals, 	assistant 	principals, 	vice
principals, 	day-to-day 	intercession 	teachers ,
day-to-day 	substitutes, 	and 	summer 	school 	t eachers.
A certificated employee unit consisting of all
STEPHEN BARBER
Executive Assistant to the Board
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The wit h drawal 	by 	Carlsbad Unified 	School 	District 	of 	its
Exception 	"I" 	filed 	in 	the 	above-captioned 	case 	is · hereby 	allowed.
As 	per 	stipulation 	among 	the 	parties , 	the 	unit 	is 	described 	as
follows :
The withdrawal by Carlsbad Unified School District of its
STEPHEN 	BARBER
Execut i ve 	Assistant 	to 	t he 	Board
STATE OF CALIFORNIA
Employer,
and
CARLSBAD UNIFIED TEACHERS ASSOCIATION/
CTA/NEA, CHAPTER 160,
Employee Organization,
and
OCEANSIDE-CARLSBAD FEDERATION OF
TEACHERS/ AFT, LOCAL 1344,
Employee Organization,
and
CARLSBAD CERTIFICATED SUPERVISORY
ASSOCIATION,
Employee Organization.
LA-R-107
November 29, 1977
certificated teaching personnel, whether under
contract or on leave, including special education
teachers, resource teachers, nurses, psychologists,
psychometrists, counselors, music teachers,
librarians, and annually-contracted intercession
teachers; and excluding the superintendent,
associate superintendent, assistant superintendent,
director of pupil personnel, director of certificated
personnel, principals, assistant principals, vice
principals, day-to-day intercession teachers,
day-to-day substitutes, and summer school teachers.
Exception "I" filed in the above-captioned case is hereby allowed.
As per stipulation among the parties, the unit is described as