Los Angeles Unified School District (Service Employees International Union) (PERB 0113E)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
LOS ANGELES UNIFIED SCHOOL DISTRICT
Employer,
and 	No 	A-R-1-D
SCHOOL EMPLOYEES INTERNATIONAL
UNION, AFL-CIO, LOCAL 99, 	PERB Decision No. 113
Employee Organization, January 16, 1980
and
CALIFORNIA SCHOOL EMPLOYEES
ASSOCIATION, CHAPTER 500,
Employee Organization,
and
ASSOCIATION OF EDUCATIONAL OFFICE
EMPLOYEES ,
Employee Organization
Appearances: Richard N. Fisher and T. Warren Jackson, Attorneys
(0 'Melveny & Myers) for Los Angeles Unified School District;
Robert Anderson for School Employees International Union, Local 99;
Charles L. Morrone, Attorney for California School Employees
Association, Chapter 500; Blanche C. Bersch, Attorney (Bersch
& Kaplowitz) for Association of Educational Office Employees.
Before Gluck, Chairperson; Gonzales and Moore, Members ..
FACTS
The Los Angeles Unified School District (hereafter the
District), California School Employees Association, Chapter 500
(hereafter CSEA) , and Association of Educational Office Employees
STATE
	OF
	CALIFORNIA
DECISION
	OF
	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
LOS 	ANGELES
	UNIFIED
	SCHOOL
	DISTRICT
Employer,
and
SCHOOL
	EMPLOYEES
	INTEfu.1\;JATIONAL
UNION,
	AFL-CIO,
	LOCAL
	99,
Employee
	Organization,
and
CALIFORNIA
	SCHOOL
	EMPLOYEES
ASSOCIATION,
	CHAPTER
	500,
Employee
	Organization,
and
ASSOCIATION
	OF
	EDUCATIOlJAL
	OFFICE
EMPLOYEES,
Employee
	Organization
Case 	N . L LA-R-1-D
PERB
	Decision
	No. 	113
January 	16,
	1980
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_____________________
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Case
	o.
Ap~earances: 	Richard
N.
	Fisher
	and T. 	Warren
	Jackson, 	Attorneys
-(0 	Hel veny & Myers)
	for
	Los
	Angeles
	Unified
	School
	District;
Robert Anderson
	for
	School 	Employees
	International
	Union,
	Local
	99;
Charles
	L. 	Morrone,
	Attorney 	for 	California
	School 	Employees
Association, 	Chapter
	500; 	Blanche
	C.
	Bersch, 	Attorney 	(Bersch
&	
Kaplowitz)
	for 	Association 	of 	Educational 	Office
	Employees.
Before 	Gluck,
	Chairperson; 	Gonzales 	and Moore, 	Members._
FACTS
Angeles
	the
	The Los
	Unified 	School
	District 	(hereafter
District), 	California 	School 	Employees
	Association, 	Chapter 	500
(hereafter 	CSEA), 	and Association 	of Educational 	Office 	Employees

(hereafter AEOE) , originally agreed to the composition of
a unit of classified employees excepting those in management,
supervisory and confidential classifications and positions.
A consent election was requested of the Public Employment
Relations Board (hereafter PERB or Board) . A dispute as
to the voting eligibility of employees in three specific
classifications, however, based on the District's claim that
the classifications were supervisory was referred to a Board
hearing officer when their challenged ballots proved to be
dispositive of the election outcome. The hearing officer's
proposal that one classification be included and two
classifications be excluded from the unit was excepted to
by both the District and AEOE.
Subsequently, however, the District and AEOE entered
into a written agreement that all three classes were to be
excluded from the unit. CSEA had previously entered into a
similar agreement with the District. AEOE further disclaimed
any continued interest in the agreed upon unit and joined
with the District in a request that the case before the Board
be withdrawn.
The Board's original participation was limited to
conducting a consent election in a unit contractually agreed
The Service Employees International Union, Local 99,
was a party to the original unit agreement, but was eliminated
when it failed to gather enough votes in the consent election
and is, therefore, not a party to the current proceedings.
2 -
1
(hereafter
AEOE),	
originally
	agreed 	to
	the
	composition
	of
a
	unit
	of
	classified
	employees
	excepting 	those
	in
	management,
supervisory
	and
	confidential
	classifications
	and
	positions.
A
	consent
	election
was
	requested
	of
	the 	Public
	Employment
Relations
	Board
	(hereafter
	PERB
	or
	Board).
	A
	dispute
	as
to
	the 	voting
	eligibility
	of
	employees
	in 	three
	specific
classifications,
	however,
	based
	on
	the
	District's
	claim
	that
the
	classifications
	were
	supervisory
was
	referred
	to
	a
	Board
hearing
	officer
when
	their
	challenged
	ballots
	proved 	to 	be
dispositive 	of
	the
	election
	outcome.
	The
	hearing
	officer's
proposal
	that
	one
	classification
	be
	included
	and
	two
classifications
	be 	excluded
	from
	the
	unit
	was
	excepted
	to
by
	both 	the
	District
	and
AEOE.
Subsequently,
	however,
	the
	District
	and
AEOE
	entered
into
	a
	written
	agreement
	that
	all
	three 	classes
	were
	to 	be
excluded
	from
	the
	unit.
	CSEA
	had
	previously 	entered
	into
	a
similar
	agreement
	with 	the
	District.
	AEOE
	further
	disclaimed
any
	continued
	interest
	in 	the 	agreed
	upon
	unit
	and
	joined
with 	the
	District 	in
	a
	request
	that
	the 	case 	before 	the
	Board
be withdrawn.
The
	Board's
	original 	participation
was
	limited 	to
conducting
	a
	consent
	election 	in
	a
	unit 	contractually 	agreed
1
The
	Service
	Employees
	International
	Union, 	Local 	99,
was 	a
	party 	to 	the 	original 	unit
	agreement, 	but
	was
	eliminated
when
	it
	failed 	to 	gather
	enough
	votes 	in 	the 	consent 	election
and
	is, 	therefore, 	not
	a
	party 	to 	the 	current 	proceedings.
- 	2 	-

to by the parties. Under such an arrangement, the Board
did not take a position as to the appropriateness of the
agreed upon unit; " its function was ministerial as a matter
of convenience to the parties concerned. The parties have
now clarified their agreement as to the unit composition
by stipulation which effectively resolved the dispute as
to the classifications intended to be excluded from the
"contracted for" unit. 	That clarification renders moot
the resolution of the challenged ballots.
ORDER
Based on the record and stipulations before it, the
Public Employment Relations Board consents to the parties'
withdrawal of the case before the Board and ORDERS the
regional director to proceed in accordance with this action.
PER CURIAM
The consent election agreement in this case contains
the following phrase: "Approval of this Consent Election
Agreement should not be interpreted to mean the Board
would find the unit described herein to be an appropriate
unit in a disputed case."
to
	by
	the
	parties.
	Under
	such
	an
	arrangement, 	the
	Board
did
	not
	take
	a
	position
	as
	to
	the 	appropriateness 	of 	the
agreed
	upon
	unit;
2
its
	function
	was
	ministerial
	as
	a
	matter
of
	convenience 	to
	the
	parties
	concerned.
	The
	parties
	have
now
	clarified 	their
	agreement 	as
	to 	the
	unit
	composition
by
	stipulation
which
	effectively
	resolved 	the 	dispute
	as
to
	the
	classifications
	intended 	to
	be
	excluded
	from
	the
"contracted
	for"
	unit.
	That
	clarification
	renders
	moot
the
	resolution of
	the 	challenged
ballots.
ORDER
Based on
	the 	record
	and
	stipulations
	before
	it,
	the
Public
	Employment
	Relations
	Board
	consents 	to 	the
	parties'
withdrawal
	of
	the 	case 	before 	the
	Board 	and
	ORDERS
	the
regional 	director
	to 	proceed
	in
	accordance
	with
	this 	action.
PER CURIAM
2
The
	consent
	election
	agreement
	in 	this
	case 	contains
the 	following 	phrase: 	"Approval
	of 	this
	Consent
	Election
Agreement 	should not 	be
	interpreted
	to
	mean
	the
	Board
would
	find 	the 	unit 	described 	herein 	to 	be 	an
	appropriate
unit 	in
	a
	disputed 	case.
11

ORIGINAL PROPOSED DECISION
NOT ATTACHED TO FINAL
PUBLIC
LOS ANGELES UNIFIED SCHOOL DISTRICT,
Employer,
and
SCHOOL EMPLOYEES INTERNATIONAL UNION,
Appearances: Richard N. Fisher and T. Warren Jackson, Attorneys (0'Melveny & Myers)
for Los Angeles Unified School District; Robert Anderson for School Employees
International Union, Local 99; Charles L. Morrone, Attorney for California School
Employees Association, Chapter 500; Blanche C. Bersch, Attorney (Bersch & Kaplowitz)
for Association of Educational Office Employees.
Before Kenneth A. Perea, Hearing Officer.
I
PROCEDURAL HISTORY
On October 15, 1976, the Association of Educational Office Employees, Inc. (hereafter
AEOE ) requested recognition as the exclusive negotiating representative for a
proposed unit of classified office-clerical employees of the Los Angeles Unified
School District (hereafter District). The Service Employees International Union,
ORIGINAL
PROPOSED
DECISION
NOT
ATTACHED
TO
FINAL
PUBLICEMPLOYMENT RELATIONS BOARD
OF THE STATE OF CALIFORNIA
EMPIDYMENI'
RELATIONS
BOARD
OF
TilE
STATE OF
CALIFORNIA
LOS ANGELES
UNIFIED
SCHOOL
DISTRICT,
Employer,
and
SCHOOL
EMPLOYEES
	INTERNATIONAL UNION,
AFL-CIO, LOCAL 99,
Employee Organization,
and
d
CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION,
CHAPTER 500,
Employee Organization,
and
nd
ASSOCIATION OF EDUCATIONAL OFFICE EMPLOYEES,
Employee Organization.
REPRESENTATION
Case Nos. LA-R-1
LA-R-2
LA-R-3
LA-R-281
LA-R-473
LA-R-661
LA-R-755
LA-R-773
LA-R-791
PROPOSED DECISION
CHALLENGED BALLOTS
(8/14/78)
AFL-CIO,	
LOCAL
99,
Employee
Organization,
an
CALIFORNIA
SCHOOL EMPLOYEES
ASSOCIATION,
CHAPI'ER
500,
Employee
Organization,
a
ASSOCIATION OF
EDUCATIONAL
OFFICE
EMPLOYEES,
Employee
Organization.
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------------------------')
REPRESENrATION
Case Nos.
	IA-R-1
IA-R-2
IA-R-3IA-R-281
IA-R-473
IA-R-661
IA-R-755
IA-R-773
IA-R-791
PROPOSED
DECISION
CHAI.LENGED
BALI.DTS
(8/14/78)
Appearai.1ces :	
Richard
N.
	Fisher
and T. Warren
Jackson, Attorneys
	(O
'Mel
veny
& Myers)
for
Los Angeles
Unified
School
District;
	Robert Anderson
for
School Employees
International
Union, Local 99;
	Charles
L. 1-brrone,
Attorney
for California
School
Employees
Association,
	Chapter
500; 	Blanche
C.
	Bersch,
	Attorney
	(Bersch &
Kaplowitz)
for Association
of
Educational Office
Employees.
Before Kenneth A.
	Perea, Hearing
Officer.
I
PROCEDURAL
HISTORY
On October 15, 1976,
	the Association
of
Educational Office
Employees,
	Inc. 	(hereafter
AIDE)
	requested recognition as the exclusive negotiating representative
	for
a
proposed lfilit of classified office-clerical
employees
of the
Los Angeles
Unified
School
District (hereafter District).
	The 	Service Employees
International
Union,

AFL-CIO, Local 99 (hereafter SEIU) and California School Employees Association,
Chapter 500 (hereafter CSEA) filed intervening petitions and challenges to the
appropriateness of the proposed unit on October 22 and November 10, 1976 respectively.
On November 22, 1976, the District filed its decision regarding the before-mentioned
request for recognition and interventions doubting the appropriateness of the unit
described in the request for recognition.
The representation unit determination hearing in the above-captioned matter
commenced on October 18, 1976 before Public Employment Relations Board (hereafter PERB)
Ad Hoc Hearing Officer Philip Tamoush and was completed on March 16, 1977.
On February 15, 1978, the District, SEIU, CSEA and AFOE entered into a
Consent Election Agreement which included a unit of all office-technical and
business services employees except for management, supervisory and confidential
employees (hereafter Unit D) . In order to avoid delay in the election, the
election agreement provided that the following disputed classes would be allowed
to cast challenged ballots in Unit D:
Administrative Secretary;
Adult School Secretary;
School Office Manager I;
School Office Manager II;
School Office Manager III;
School Secretary I;
School Secretary II;
School Secretary III.
On the same date, a Supplemental Election Agreement was entered into by the
District, SEIU, CSEA and AEOE wherein it was agreed that CSEA, SEIU and the
District maintained that each of the above-listed classifications are supervisory
and/or management within the meaning of Government Code section 3543.1(g) and/or (m)
All statutory references are to the California Government Code unless
otherwise specified herein.
-2-
AFL-CIO,
	Local
99
	(hereafter
SEIU)
	and
California
School Employees
Association,
Chapter
500
	(hereafter
CSEA)
	filed
intervening
petitions
and challenges
to the
appropriateness
of
the
proposed i.mit on October
22
and
November
10,
	1976
respectively.
On
November 22, 1976,
	the
District filed
its
decision
regarding
the
before-mentioned
request
for
recognition
and
interventions
	doubting
the
appropriateness
of
the
unit
described
in
the request for
recognition.
The
representation
i.mit
detennination hearing
in
the
above-captioned
matter
corrrnenced on October 18,
	1976
before Public
Employment
Relations
Board
	(hereafter
PERB)
Ad
Hoc
Hearing
Officer Philip
Tarroush and
was
	completed on March 16, 	1977.
On
February 15, 1978,
	the
District,
	SEIU,
	CSEA
and
AEOE
entered
into
a
Consent
Election
Agreement which included a
unit of
all
office-technical
and
business
	services
employees except
for
management, 	supervisory and
confidential
employees
	(hereafter
Unit D). 	In
order
to
avoid delay
in
the
election, 	the
election
agreement prov-ided
that
the following disputed
classes
would be allowed
to
	cast
challenged
ballots in
Unit
D:
(a) 	Aclministrative Secretary;(b) 	Adult School Secretary;(c) 	School
Office
11anager
I;
(d) 	School Office Manager
II;
(e) 	School Office Manager
III;
(f)	
School Secretary
I;
(g) 	School Secretary
II;
(h) 	School Secretary
III.
On
the
same date, a Supplemental
Election
Agreement was
entered into
by
the
District,
	SEIU,
	CSEA
and
AEOE
wherein
it
was agreed
that
CSEA,
	SEIU
and
the
District
maintained
that
each
of
the above-listed classifications are supervisory
and/or rnanagernent within the meaning
of
Governrrent Code
section 	3543.
l(g) 	and/or
	(m)
1
1
All statutory references are to the California Governrrent Code
unlessotherwise specified herein.
-2-

and are therefore to be excluded from Unit D pursuant to sections 3545 (b) (2) and/or
3543.4. The Supplemental Election Agreement further provided that AFOE maintains
that all of the above-listed classifications are appropriately included within
Unit D. The District, SEIU, CSEA and AEOE therefore agreed that in order to avoid
delay in the election, persons in the above-listed classifications would be permitted
to vote challenged ballots. Finally, the parties agreed that if the vote is such
that said challenged ballots would, if counted, be determinative of the election
results (including qualification for runoff), then the PERB unit determination
proceedings with respect to the above-listed classes shall resume.
Pursuant to said Consent Election Agreement, a unit determination election
for the District's classified personnel was conducted on May 9, 10 and 11, 1978
resulting in the challenged ballots being determinative of runoff election ballot
entries in Unit D. "Simultaneous post-hearing briefs in the matter were filed
on June 23, 1978. This proposed decision is, therefore, written to resolve the
issues regarding challenged ballots cast in the Unit D election.
The official Tally of Ballots for the Unit D election shows the following
results :
1. Approximate number of eligible votes
2. Void ballots 	125
3. Votes cast for AFOE
4. 	Votes cast for CSEA
5. Votes cast for SEIU
6. Votes cast for no representation
7. Valid votes counted (sum of 3, 4, 5, and 6)
8. Challenged ballots
9 . 	Valid votes counted plus challenged ballots
(sum of 7 and 8)
-3-
and
are therefore to
be excluded from
Unit
D
pursuant
to
sections
	3545(b)(2) 	and/or
3543. 4. 	The Supplemental
Election
Agreement
further
provided
that
AEOE
maintains
that
all
of
the above-listed
classifications
are
appropriately
included
within
Unit
D.
	The
District,
	SEID,
	CSEA
and
AEOE
therefore
agreed
that
in
order
to
avoid
delay
in
the election,
	persons
in
the above-listed
classifications
would be
pennitted
to vote
challenged
ballots.
	Finally,
	the
parties
agreed
that
if
the
vote
is
	such
that said
challenged
ballots
would,
	if
counted, be detenninative
of
the
election
results
	(including
qualification for nmoff),
	then
the
PERB
unit
detennination
proceedings
with respect to
the above-listed classes
shall
resume.
Pursuant
to said
Consent
Election
Agreement, 	a
unit
detennination
election
for the
District's
classified
personnel
was conducted on
May
9,
	10
and 11, 	1978
resulting
in
the
challenged
ballots
being detenninative
of
nmoff election
ballot
entries
	in
Unit
D.
2 Simultaneous
post-hearing
briefs
il1
the matter
were
filed
on June 23, 	1978. 	This proposed
decision
is,
	therefore,
	written
to resolve the
issues regarding challenged
ballots cast
in
the
Unit D
election.
2The
official
Tally
of
Ballots for the
Unit D
election
shows
	the following
results:
1. 	Approximate number
of eligible
votes 	6,000	6,000
2. 	Void
ballots
	125
3. 	Votes
cast for
AEOE 	810
4. 	Votes
cast for
CSEA 	896
5. 	Votes
cast for
SEIU 	642
6. 	Votes
cast for
no representation 	298
7. 	Valid votes counted
(sun of
3, 	4, 	5, 	and 6) 	2, 646
8. 	Challenged
ballots 	373
9. 	Valid votes counted plus challenged
ballots
	3,019
(sun of
7 and 8) 3,019
-3-
810
896
642
298
2,646
373

ISSUES
Which, if any, of the following classifications are "supervisory" as
defined in section 3540.1(m) and therefore excluded from Unit D:
Administrative Secretary;
Adult School Secretary;
School Office Manager/School Secretary I;
School Office Manager/School Secretary II;
School Office Manager/School Secretary III?
III
FINDINGS OF FACT
A. The Los Angeles Unified School District
The District is the second largest school district in the nation comprising
671 schools including approximately 434 elementary schools, 124 secondary schools
and 29 commity adult schools. As of the time of the hearing in this matter, the
District had an enrollment level of about 722, 145 students. The District's
classified service includes the non-teaching employees hired under provisions of
the merit system. The classified service includes two general types of employees:
regular or limited-term. Generally, regular employees are assigned from an
eligibility list, undergo a probationary period of 130 days of paid service and
then become permanent employees. Approximately 26,593 regular classified employees
are employed by the District.
Administratively, the District is divided into four field centers, designated
North, South, East and West. Each field service center contains from two to four
administrative areas for a total of twelve such areas.
B. Administrative Secretaries
An administrative secretary, as set forth in the class description, "provides
secretarial services for an administrator . . . relieves him of administrative
details, and provides direct and functional supervision over clerical procedures and
practices in the main office and decentralized locations." In addition, the class
-4-
II
ISSUES
Which,
	if
any,
	of
the
follcwing
classifications
are
"supervisory"
as
defined
in
section
3540.l(m) and
therefore
excluded from Unit
D:
(a)	
Administrative Secretary;
(b)	
Adult School
Secretary;(c) 	School
Office
Manager/School
Secretary
I;
(d) 	School
Office
Manager/School
Secretary
II;
(e) 	School
Office
Manager/School
Secretary
III?
III
FINDINGS
OF
FACT
A.
	The Los Angeles Unified School
District
The
District
is
	the
second
largest
school
district
in
the nation
comprising
671
schools including
approximately 434 elementary schools, 	124 secondary schools
and
29
commmity
adult
schools. 	As
of
the
tine of
the hearing
in this
matter,
	the
District
had an enrollment
level
of
about 722, 145
students.
	The
District's
classified
service
includes
	the
non-teaching employees
hired
1mder
provisions
of
the
merit
system. 	The
	classified
service
includes two
general types
of
employees:
regular
or
limited-term. 	Generally,
	regular
employees
are
assigned from
an
eligibility
list,
	undergo a probationary period
of
130 days
of
paid service
and
then become permanent employees. 	Approximately 26,593
regular
classified
employees
are
employed by the
District.
Administratively, 	the
District is
divided
into
four
field
centers, 	designated
North, 	South, 	East and West. 	Each
field
service center contains from two
	to
	four
administrative areas for
a
	total of
twelve such areas.
B.
	Administrative Secretaries
An administrative secretary, 	as
set forth in
the class description, 	"provides
secretarial services for an administrator
	...
	relieves him
of administrative
details , and provides direct and functional supervision over clerical procedures and
practices in the main office and decentralized locations." 	In addition, 	the class
-4-

description's entrance qualifications indicate that two years of supervisory
experience is necessary and that some education in supervision is desirable.
Only one administrative secretary, Ms. Adele Sweeney, testified regarding
the duties of administrative secretaries. Ms. Sweeney has worked as an administrative
secretary for seven years and is currently the administrative secretary to the
Area B Superintendent. There is one administrative secretary for each of the District's
administrative area offices. The authority of the District's other administrative
secretaries is similar in scope to the authority which Ms. Sweeney exercises.
Approximately sixteen clerical and secretarial employees located in four offices
(main, instruction, counseling and compensatory education) work with Ms. Sweeney.
Area B's office arrangement is similar to the District's other area offices.
Based upon the undisputed testimony of Ms. Sweeney, it is found that
administrative secretaries perform the following duties:
1. Interviews all applicants for clerical positions within the Area
main, instruction, counseling and compensatory education offices.
Sixty percent of the interviews are conducted solely by the
administrative secretary. The remaining interviews are conducted
with the particular office's certificated supervisor present;
2. Discusses recommendations regarding whom to hire with the Area
Superintendent or appropriate certificated supervisor. The
administrative secretary's recommendations are, with rare exception,
always followed;
3. Evaluates probationary clerical employees to determine whether they
will become permanent employees and signs evaluations as the "evaluator."
In the main office, these evaluations are done independently by the
administrative secretary. In the instruction, counseling and
compensatory education offices, these evaluations are discussed with
-5-
description's entrance qualifications indicate that two years of supervisory
experience is necessary and that some education in supervision is desirable.
Only one administrative secretary, Ms. Adele Sweeney, 	testified regarding
the duties of administrative secretaries. 	Ms. 	Sweeney has worked as an administrative
secretary for seven years and is currently the administrative secretary to the
Area B Superintendent. 	There is one administrative secretary for each of the District's
administrative area offices. 	The authority of the District's other administrative
secretaries is similar in scope to the authority which Ms. 	Sweeney exercises.
Approxirnately sixteen clerical and secretarial employees located in four offices
(main, 	instruction, 	counseling and compensatory education) work with Ms. 	Sweeney.
Area B's office arrangen:ent is similar to the District's other area offices.
Based upon the tmdisputed testimony of Ms. 	Sweeney, 	it is fotmd that
administrative secretaries perform the following duties:
1. 	Interviews all applicants for clerical positions within the Area
main, 	instruction, 	counseling and compensatory education offices.
Sixty percent of the interviews are conducted solely by the
administrative secretary. 	The remaining interviews are conducted
with the particular office's certificated supervisor present;
2. 	Discusses recomnendations regarding whom to hire with the Area
Superintendent or appropriate certificated supervisor. 	The
administrative secretary's reconrnendations are, with rare exception,
always followed;
3. 	Evaluates probationary clerical employees to determine whether they
will become permanent employees and signs 	evaluations as the "evaluator o"
In the main office, 	these evaluations are done independently by the
administrative secretary. 	In the instruction, 	counseling and
compensatory education offices, 	these evaluations are discussed with
-5-

the certificated supervisor prior to completion; these:
performance evaluations are made available to the Personnel
Division and are a factor in the selection of applicants and
are also the initial step in disciplinary and termination
4. On a daily basis performs informal corrective counseling to the
sixteen clerical employees with whom the administrative secretary
works in the administrative offices ;
5. Conducts the annual performance evaluations for the clerical employees
in the Area offices; reviews these evaluations with the certificated
supervisor for each office prior to issuance;
Prepares independently "tracers" or recommendation forms for clerical
employees seeking promotion;
7. Coordinates the workload among the clerical employees by determining,
in the event of an overflow, which work takes precedence and the
specific task that employees will perform based on their present
workload and relative abilities; determines when the office will
need relief personnel due to an increased workload;
Assigns and directs work to the clerical employees working in the Area
main office; clerical employees officed elsewhere are assigned work
by the particular office's certificated supervisor;
9. Reviews work done by clerical employees prepared for the Area
Superintendent or marked "Approved by the Superintendent";
10. Grants or denies clerical employees requests to change lunch period,
or otherwise adjust work schedules; and
11. Performs secretarial duties for the Area Superintendents in addition to
all the above duties.
-6-
the
certificated
supervisor
prior
to
	completion;
	these!
perfonnance
evaluations
are
made
available
to
the
Personnel
Division
and
are
a
	factor
in
the
selection
of
applicants
and
are
also
the
initial
step
in
disciplinary
and
termination
proceedings ;	proceedings;
4. 	On a
daily basis
performs informal
corrective
counseling
to
the
sixteen
clerical
employees
with
whom
the administrative
secretary
works
in
the administrative
offices;
5.	
Conducts
the
annual perfonnance
evaluations
	for
the
clerical
employees
in
the
Area
	offices;
	reviews
	these evaluations with the
certificated
supervisor
for
each
office prior to
issuance;
6.	6. 	Prepares independently
"tracers" or
recornrrendation forms
	for
clerical
employees seeking prorrotion;
7 . 	Coordinates
the
workload armng
the
clerical
employees by determining,
in
the
event
of
an overflow, which work takes precedence and
the
specific task
that
employees
will
perfonn based on
their
present
workload and
relative 	abilities;
	determines
when
the
office will
need
relief
personnel due
to
an increased workload;
8.	8. 	Assigns and
directs
work
to the
clerical
employees working
in the
Area
main
	office; 	clerical
employees
officed
elsewhere
are assigned work
by the
particular office's certificated
supervisor;
9 . 	Reviews work done by
clerical
employees prepared for the Area
Superintendent
or
marked ''Approved by the Superintendent' 1 ;
10. 	Grants
or
denies
	clerical
ei."'Ilployees
requests to change lunch
period,
or otherwise adjust work schedules; 	and
11. 	Performs
secretarial duties for the Area Superintendents
in addition to
all
the above duties.

C. Adult School Secretaries
As set forth in the class description, an adult school secretary "plans,
coordinates, supervises, and has overall clerical responsibility for the
clerical activities and personnel of a commity adult school, regional
occupational center, or MDTA skill center; performs the more complex clerical
duties; and serves as a stenographic secretary to an adult education principal."
Only one witness, Ms. Natalie Goldberg, testified regarding the duties of
adult school secretaries. Ms. Goldberg has worked as an adult school secretary
for approximately sixteen years at Fairfax Adult School. Working within the
central office at Fairfax Adult School with Ms. Goldberg are a school accounting
clerk, three adult school clerks, school principal, assistant school principal,
and part-time teacher advisor. While every school is run slightly differently,
the basic duties and responsibilities of the adult school secretaries in the
District are the same.
Based upon the undisputed testimony of Ms. Goldberg, it is found that adult
school secretaries perform the following duties:
1. Interviews, with the principal, applicants for central
office clerical positions and makes recommendations to the
principal regarding said applicants;
2. Completes evaluations on both probationary and permanent
clerical employees which both the adult school secretary
and the principal sign;
3 . Recommends probationary employees for permanent status through
the preparation of performance evaluations;
4. Completes "tracers" or reference forms regarding clerical
employees seeking promotion which are then reviewed by the
principal;
-7-
C. 	Adult School Secretaries
As set forth in the class description, 	an adult school secretary "plans,
coordinates, 	supervises, 	and has overall clerical responsibility for the
clerical activities and personnel of a conmmity adult school, 	regional
occupational center, 	or MDTA skill center; 	perfonns the more complex clerical
duties; 	and serves as a stenographic secretary to an adult education principal."
Only one witness, t1s. 	Natalie Goldberg, 	testified regarding the duties of
adult school secretaries. 	t1s. 	Goldberg has worked as an adult school secretary
for approximately sixteen years at Fairfax Adult School. 	Working within the
central office at Fairfax Adult School with t1s. 	Goldberg are a school accotmting
clerk, 	three adult school clerks, 	school principal, 	assistant school principal,
a11.d part-time teacher advisor. 	While every school is nm slightly differently,
the basic duties and responsibilities of the adult school secretaries in the
District are the same.
Based upon the undisputed testirrDny of t1s. 	Goldberg, 	it is found that adult
school secretaries perfonn the following duties:
1. 	Interviews, with the principal, applicants for central
office clerical positions and makesrecomrendations to the
principal regarding said applicants;
2. 	Completes evaluations on both probationary and pe:rmanent
clerical employees vvhich both the adult school secretary
and the principal sign;
3. 	Reconrnends probationary employees for pe:rmanent status through
tl1e preparation of performance evaluations;
4. 	Completes "tracers" or reference fonns regarding clerical
employees seeking promotion vvhich are then reviewed by the
principal;
-7-

5 . Receives routine complaints from the public regarding clerical
employees and counsels said employees regarding such complaints;
6. Balances workloads among clerical employees and assigns, checks,
and coordinates their work on special projects;
7. Trains probationary employees;
8. Grants or denies permission to clerical employees requesting to
leave early or take time off; and
9. Performs duties as the school principal's secretary in addition to
all the above duties.
D. School Office Manager I, II, III and School Secretary I, II, III
School office manager/secretary I, II, III are six classes which share the
same class description. According to the class description, employees in this
class manage a school-site office, are responsible for the clerical activities
of a school, exercise supervisory authority over clerical personnel including
those assigned to offices supervised by certificated staff, may supervise
student helpers and must have the ability to "plan and supervise clerical work
for maximum efficiency in the utilization of staff." The school office manager/
secretary positions are identical with regard to their duties and responsibilities
except that school secretaries perform stenographic duties not performed by the
office managers. Within these classes, the designation I, II or III is primarily
determined by a school's enrollment. Thus, school office manager/secretary I
positions are found in smaller elementary schools, school office manager/secretary II
positions are found in large elementary and smaller secondary schools and school
office manager/secretary III positions are found in large secondary schools. The
above designations, however, are differentiated with regard to salary; positions
designated III rate a greater salary than those designated II which in turn rate a
greater salary than those designated I. This salary differential is attributable,
-8-
5. 	Receives
routine
complaints from
the public
regarding
clerical
employees and cot.msels
said
employees
regarding
such complaints;
6. 	Balances workloads arrong
clerical
employees and
assigns,
	checks,
and coordinates
	their
work on
special projects;
7.	
Trains probationary
employees;
8. 	Grants
or
denies
pennission
to
clerical
employees
requesting
to
leave
early or
take
time
off;
	and
9. 	Performs
duties
as
	the
school
principal'
s
	secretary
in
addition
to
all
	the
above
duties.
D.
	School
Office
~1anager
I, 	II,
	III
and School
Secretary
I, 	II, 	III
School
office
manager/secretary
I,
	II, 	III
are
six
classes
which
share the
same
class description.
	According
to
the class
description,
	employees
	in
this
class
	manage 	a
school-site office,
	are
responsible
for
the
clerical
activities
of
a school,
	exercise supervisory
authority
over
clerical
personnel
including
those assigned
to offices
supervised by
certificated staff,
	may
supervise
student helpers
and must have
the
ability
to
"plan and supervise
clerical
work
for
maximum
efficiency
in
the
utilization of
staff."
	The school
office
manager/
secretary positions are identical
with regard
to their
duties
and
responsibilities
except
that
school
secretaries
perform stenographic duties not
performed
by the
office
managers. 	Within these classes, 	the designation
I,
	II
or
III is
primarily
determined by a school's enrollment. 	Thus, 	school
office
manager/
secretary
I
positions are fomd
in
smaller elementary schools, 	school
office
manager/secretary
II
positions are
found
in
large elementary and smaller secondary schools and school
office manager/secretary
III
positions are found
in
large secondary schools.
	The
above designations, however, 	are differentiated with regard to salary; 	positions
designated
III rate
a greater salary than those designated
II
which in turn rate
a
greater salary than those designated I. 	This salary differential is attributable,
-8-

in part, to the fact that larger schools have larger clerical staffs. A recent
District survey of schools in one area from each of the four field service centers
indicates that the average number of clerical positions in schools staffed by
school office managers/secretaries I, II, and III are 1.6, 3.82, and 8.98,
respectively.
1. School Office Manager/Secretary I
Two witnesses testified on behalf of the District regarding school office
manager/secretary I: Ms. Beatrice Smith, a school secretary I at Dublin Avenue
School and prior thereto, an elementary school office manager for seven years
at Mckinley Avenue School and Ms. Saundra Medina, formerly an office manager I
at Weigand Avenue School and presently an office manager III at Weigand. One
clerical employee currently works under Ms. Smith. During her nine and one-half
years of tenure with the District as a school office manager/secretary I, either
one or two employees have worked under her at any given time. During Ms. Medina's
seven years as office manager I at Weigand, either two or three employees worked
under her.
Testifying on behalf of AEOE regarding school office manager/secretary I
were two elementary school office managers, Mrs. Wanda Frengen and Ms. Ruth Benjamin.
One clerk works under Mrs. Fremgen at Fenton Elementary School. Two clerks work
under Ms. Benjamin at Danube Avenue Elementary School.
While there appears to be some variations of duties among individual school
office managers/secretaries I in the District, based upon the weight of the
it is concluded that school office managers/secretaries I perform the following
(a) Prepares rough draft evaluations of the clerks working with them
and signs the evaluations after reviewed by principal;
(b) Prepares rough draft "tracers" or evaluation forms for clerks
working with them and then signs the tracers after reviewed by
principal;
(c) Trains office clerks when they are initially hired;
in part, 	to
the
fact that
	larger
schools
have
larger
clerical staffs.
	A
recent
District
survey
of
schools
in
one
area
from
each
of
the four
field
service centers
indicates
	that
the
average
number
of
clerical
positions
	in
schools
	staffed
by
school
office
managers/secretaries
	I,
	II,
	and
III
are 1.6,
	3.82,
	and
8.98,
respectively.
1. 	School
Office
Manager/Secretary
I
Two
witnesses
	testified
on
behalf
of
the
District
regarding
school
office
manager/secretary
I:
	Ms.
	Beatrice
Smith, 	a
school
secretary
I
	at
Dublin
Avenue
School and
prior
thereto,
	an elementary school
office
manager
for
seven
years
at
McKinley Avenue School and
Ms.
	Salildra
Medina,
	formerly an
office
manager I
at
Weigand Avenue School and
presently
an
office
manager
III
at
Weigand. 	One
clerical
employee
currently
works l.ilder Ms.
	Smith. 	During
her
nine
and
one-half
years
	of
tenure with the
District
as
a
school
office
rnanager/secretaLy
I,
	either
one
or
two employees have worked
under
her
at
any
given time.
	During
Ms.
	Medina's
seven
years as
office
rnanager I
	at
Weigand,
	either
two
or three
employees worked
under
her.
Testifying
on
behalf of
AEOE
regarding school
office
manager/secretary
I
were two
elementary school
office
managers, Mrs. Wanda Fremgen and
:Ms.
	Ruth
Benjamin.
One
clerk
works
lilder
:Mrs. 	Fremgen
at
Fenton Elementary School.
	Two
clerks
work
1IDder
:Ms.
	Benjamin
at
Danube Avenue Elementary School.
While
there
appears
	to be
some
variations
of
duties
arIDng
individual
	school
office
managers/secretaries
	I
	in
the
District
	based
upon
the
weight
of thetestimony, ,
it
is
concluded
that
school
office mnagers/ secretaries
I 	perform
the following
duties :
1 	testim.Jny
duties:
(a) 	Prepares rough
draft
evaluations
of the clerks
working
with
them
and signs the evaluations
after
reviewed by
principal;
(b) 	Prepares rough
draft "tracers" or evaluation fonns
	for clerks
working with them and then signs the tracers after
reviewed by
principal;
(c) 	Trains office clerks when they are initially hired;

(d) Occasionally assigns or adjusts work assignments among the
staff whenever there is an overload or imbalance;
) Interviews candidates for clerical positions within the office
along with the principal, later discusses the candidates with
the principal and makes a recommendation;
While clerks have specific assigned tasks which are generally
followed, occasionally assigns clerks work when they are looking
for work to do;
(g) 	Coordinates the work between the school office manager/secretary I
and the clerk;
"h) 	Performs duties as the school principal's secretary in addition to
all the above duties.
2. School Office Manager/Secretary II
The District called the following witnesses to testify regarding school office
manager/secretary II: Ms. Inez Reed, Office Manager II, Normandie Avenue
Elementary School; Ms. Betty Troutman, School Secretary II, Perry Junior High
School; Ms. Evie Turner, Office Manager II, Hyde Park Boulevard Elementary School;
and Dr. Jack Jacobsen, Principal at Maclay Junior High School.
Ms. Reed has been an office manager II or its equivalent for thirty-one years
and has been located at Normandie since November 1957. Currently, four school
clerk-typists, two CETA employees and a student volunteer work with Ms. Reed.
Ms. Reed's duties and responsibilities are typical of the District's other
office manager II's.
Ms . Troutman works with seven clerks. Two are assigned to the main office
where Ms. Troutman works, two are assigned to the counseling and attendance offices,
respectively, which are located in a separate building and one is assigned to the
book room which is also located in a separate building.
Ms. Turner works with five clerical employees at Hyde Park. Four employees
are located in the main office with Ms. Turner and one in another office.
(d) 	Occasionally
assigns
or
adjusts
work assignments
am::mg
the
staff
whenever
there
is
an overload
or
inibalance;
(e) 	Interviews candidates
for
clerical
positions within the
office
along
with the
principal,
	later
discusses
	the
candidates
with
the principal
and
makes
	a recorrn:rendation;
(f) 	While
clerks
have
specific
assigned
tasks
which
are generally
followed,
	occasionally assigns
clerks
work
when
they
are
looking
for
work
to
do;
(f)
(g) 	Coordinates
	the
work between the school
office
manager/secretary I
and the
clerk;
(h) 	Performs
duties
as
	the
school
principal's
secretary
in
addition
to
all
the
above
duties.
2. 	School Office Manager/Secretary
II
The
District
called
the follawi.ng witnesses
	to
testify
regarding school
office
manager/
secretary
II
:
	Ms
. 	Inez Reed, 	Office
1-:fanager
II,
	Nonnandie Avenue
Elementary School; Ms. 	Betty Troutman, 	School Secretary
II,
	Perry Junior High
School;
	Ms.
	Evie Turner, 	Office Manager
II,
	Hyde
Park Boulevard Elementary School;
and Dr. 	Jack Jacobsen,
	Principal
at
Ma.clay
Junior High School.
Ms. 	Reed has been an
office
manager
II
or
its
equivalent
for thirty-one
years
and has been located
at
Nonnandie since
November 1957. 	Currently, 	four school
clerk-typists,
	two
CETA
employees and a student voh.mteer work with
:t-ls.	
Reed.
Ms. 	Reed's duties and
responsibilities are typical of the
District's other
office
manager
II's.
Ms
. Troub:nan works with seven clerks . 	Two
are assigned to the
ma.in
office
where
Ms.
	Troutman works, 	two are assigned to the counseling and attendance offices,
respectively, which are located in
a separate building and one
is
assigned to the
book room which is also located in a separate building.
Ms. 	Turner works with five clerical employees at
Hyde Park. 	Four employees
are located in the ma.in office with Ms. 	Turner and one in another office.
- 1 ()_

While there appears to be some variations of duties among individual school
office managers/secretaries II in the District, based upon the weight of the testimony,
it is concluded that the duties of school office manager/secretary II are the
following:
(a) Interviews jointly with a certificated supervisor candidates
for clerical positions at a school site;
(b) Makes out a permanent schedule for all the clerk-typists at a
school site which gives each clerk a regular duty to which he or
she is assigned which may be reviewed by the principal in the
event a clerk is dissatisfied with the assignment;
(c) Assigns clerks to special projects or in emergency situations
such as illness;
(d) Coordinates the work among the clerical employees in the offices
and insures that all the offices are covered;
(e) If a new function is added to the office and a new clerical
hired to perform that function, "set[s] up the desk to handle the
particular program . . . ";
( f) 	In a routine fashion distributes the work to the appropriate clerical
person based upon the type of work to be done.
(g) 	Issues notices of outstanding service with the approval of the
school principal;
(h) Consults with certificated personnel experiencing performance or
behavioral problems with clerical personnel;
(i) Informally counsels clerical personnel regarding problem the
clerical personnel may be experiencing; sometimes will consult the
principal to resolve the problem;
(j) Trains all clerical employees;
(k) Completes and jointly signs with the school principal performance
-11-
"While
there
appears
to
be
some
variations
of
duties
armng
individual
school
office
managers/secretaries
II
in
the
District,
	based upon
the
weight
of
the
testiJ.mny,
it
is
concluded
that
the
duties
of
school
office
manager/secretary
II
are
tb,e
following:
(a) 	Interviews
jointly
with
a
certificated
supervisor
candidates
for
clerical
positions
	at
a school
site;
(b)	
Makes
out
a permanent schedule
for
all
the
clerk-typists
at
a
school
site
which gives each
clerk
a
regular
duty
to
which he
or
she
is
assigned which
may
be reviewed by
the
principal
in
the
event a
clerk
is
	dissatisfied
with the
assignment;
(c) 	Assigns
	clerks to special projects
or
in
emergency
situations
such as
illness;
(d) 	Coordinates
	the
work
among
the
clerical
employees
in
the offices
and
i..11.Sures
	that
all
the
offices are
covered;
(e)	
If
a
new
fimction
is
added
to the
office
and a
new
clerical
hired to
perfonn
that
fimction,
	"set[s]
	up
the
desk
to
handle
the
particular
program . . . 	'';
(f) 	In a
routine
fashion
distributes
	the work
to the appropriate
clerical
person based upon the type
of
work to be done.
(g) 	Issues notices of
outstanding service with the approval
of
the
school
principal;
-11-
(h) 	Consults with
certificated
personnel experiencing performance
or
behavioral problems with
clerical
personnel;
(i) 	Infonnally counsels
clerical
personnel regarding problem the
clerical
personnel
rna.y
be experiencing; 	sometimes
will
consult the
principal to resolve the problem;
(j) 	Trains
all clerical employees;
(k) 	Completes and jointly signs with the school principal performance

evaluations for all clerical employees in the main office;
employee has the right to discuss an evaluation with the principal;
assists certificated supervisors complete performance evaluations
on clericals in other offices;
(1) Reviews documents that the principal will sign;
(m) Coordinates work and vacation schedules among clerical employees;
(n) When clerical employees desire to leave work early, change their
lunch or break periods or otherwise adjust their work schedules, they
request permission from the school office manager/secretary II; and
(o) Performs duties as the school principal's secretary in addition to
all the above duties.
3. School Office Manager/Secretary III
Ms. Gloria Stone, school secretary III, Locke Senior High School, testified
for the District about the duties and responsibilities of school office managers/
secretaries III. Ms. Tina Fernandez, school secretary III, Nobel Junior High
School, testified on behalf of AEOE.
Ms. Stone has been a school secretary III at Locke since 1970. Including
Ms. Stone, eleven clerical employees are assigned to Locke, located as follows:
three in the main office, two in the counseling and attendance offices, respectively,
one in the assistant principal's office, textbook room, and instruction materials
bungalow, respectively, and one rotating clerk.
At the time of her testimony, Ms. Fernandez had been assigned as a school
secretary III at Nobel for approximately six months. Seven clerks are assigned
to Nobel, located as follows: one in the main office with Ms. Fernandez, four in
pupil services located across the hall from the main office, a textbook clerk in
the bookroom and a financial manager in a separate office.
While here again there appears to be some variations of duties among individual
school office managers/ secretaries III in the District, based upon the weight of the
testimony, it is concluded that school office managers/secretaries III perform the
following duties:
-12-
evaluations for
all
	clerical
employees
	in
the
ffi3.in
office;
employee has
	the
right
to discuss
an
evaluation with the
principal;
assists
	certificated
supervisors
complete performance
evaluations
on
clericals
	in
other offices;
(1) Reviews
	doci.:rrnents
	that
the
principal
will
sign;
(m)	
Coordinates work and
vacation
schedules arrong
clerical
employees;
(n)	
When
clerical
employees
desire to
leave
work
early,
	change
their
hmch
or
break periods
or
otherwise
adjust
their
work schedules,
	they
request pennission
from
the
school
office
manager/secretary
II;
	and
(o) 	Perfonns
duties
as
	the
school
principal'
s
	secretary
in
addition
to
all
the
above
duties.
3. 	School
Office
M"an.ager/Secretary
III
Ms.
	Gloria
Stone, 	school
secretary
III,
	Locke Senior High School,
	testified
for the
District
about
the duties
and
responsibilities of
school
office
managers/
secretaries
	III.
	Ms.
	Tina Fernandez, 	school
secretary
III,
	Nobel
Junior High
School,
	testified
on
behalf
of
AEOE.
Ms
. Stone has been a school
secretary
III at
Locke
since
1970.
	Including
Ms.
	Stone, 	eleven
clerical
employees
	are
assigned
to
Locke,
	located
as
	follows:
three
in
the
ffi:l.in
office,
	two
in
the counseling and attendance
offices, 	respectively,
one
in
the
assistant principal's office,
	textbook room, 	and
instruction materials
blrrlgalow,
	respectively,
	and one
rotating clerk.
At
the
time
of her
test:im:)ny, Ms. 	Fernandez had been assigned as a school
secretary
III at
Nobel
for
approxiffi:l.tely
six
months. 	Seven
clerks are assigned
to
Nobel, 	located as follows : 	one
in
the main
office with Ms. 	Fern.an.dez,
	four in
pupil services located across 	the
hall
from the
ffi:l.in
office,
	a 	textbook
clerk in
the bookroom and a financial manager
in
a separate office.
While here again there appears to be some
variations of duties arrong individual
school office managers/secretaries
III in the District, based upon the weight of the
testirrony,
	it is concluded that school office .ranagers/secretaries III perfonn the
following duties: 
-1 ?-

(a) Interviews all clerical applicants at the school site either alone
or accompanied by the site principal and effectively recommends the
hiring of clerical personnel for vacancies, which recommendations are
always followed;
(b) Conducts the performance evaluations of probationary employees
located in the main office, assistant principal's office and textbook
room, which determines whether or not they attain permanent status;
(c) 	Conducts without consultation with the principal the annual performance
evaluations of permanent clerical employees;
(d) 	Prepares "tracers" or reference forms for those employees working
directly with them who are seeking promotion;
(e) Schedules the work of the clerks assigned to the main office; reassigns
work to eliminate imbalances or accommodate peak workloads; determines
when overtime is necessary and who shall work overtime;
(f) Assigns clerks to a particular work location when clerk's work is
behind schedule;
(g) Approves or disapproves any variations from work schedules such as
compensatory time off;
(h) Provides correctional counseling when necessary to insure adherence
to District and office rules such as attendance;
(i) Trains all clerical personnel in the main office, assistant principal's
office, textbook room and instruction materials bungalow; and
(j) Inspects clerical employees' work and is authorized to direct the
correction of improperly performed work;
(k) Performs duties as the school principal's secretary in addition to all
the above duties.
-13-
(a) 	Interviews all clerical applicants at the school site either alone
or accompanied by the site principal and effectively recorrrnends 	the
hiring of clerical personnel for vacancies , which recomnendations are
always followed;
(b) 	Conducts the performance evaluations of probationary employees
located in the main office, 	assistant principal's office and textbook
room, which determines whether or not they attain perrnanent status;
(c) 	Conducts without consultation with the principal the armual perfonnance
evaluations of perrnanent clerical employees;
(d) 	Prepares "tracers" or reference fonns for those employees working
directly with them who are seeking promotion;
(e) 	Schedules the work of the clerks assigned to the main office; reassigns
work to eliminate inibalances or accomrodate peak workloads; 	determines
when overtime is necessary and who shall work overtime;
(f) 	Assigns clerks to a particular work location when clerk's work is
behind schedule;
(g) 	Approves or disapproves any variations from work schedules such as
compensatory time 	off;
(h) 	Provides correctional cotmseling when necessary to insure adherence
to District and office rules such as attendance;
(i) 	Trains all clerical personnel in the main office, 	assistant principal's
office, 	textbook room and instruction materials btmgalow; 	and
(j) 	Inspects clerical employees' 	work and is authorized to direct the
correction of improperly perfomi.ed -work;
(k) 	Performs duties as the school principal' s secretary in addition to all
the above duties.
-13-

IV
CONCLUSIONS O
Section 3540.1(m) defines a supervisory employee as follows:
"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 the PERB itself held in Sweetwater Union High School District" at page 12:
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. [Footnote omitted. ]
A. Administrative Secretaries
The District, SEIU, and CSEA seek to exclude the position of administrative
secretary from Unit D claiming that it is supervisory. AEOE asks that the
position be included in the unit.
Administrative secretaries independently interview applicants for clerical
positions in the main, counseling, instruction and compensatory education offices
in the majority of cases and effectively make recommendations regarding whom to
hire to the Area Superintendent which are, with very rare exception, followed.
Furthermore. administrative secretaries independently evaluate probationary clerical
employees in the main office to determine whether they will become permanent
employees and sign said evaluations as the "evaluator." These performance
-14-
IV
CONCLUSIONS OF	F LAW	IAW
Section 354O.l(m) 	defines a supervisory employee as follows:
"Supervisory employee" means any employee, 	regardless
of job description, having authority in the interest
of the employer to hire, 	transfer, 	suspend, 	lay off,
recall, 	prorrote, 	discharge, 	assign, 	reward, 	or
discipline other employees, 	or the responsibility to
assign work to and direct them, 	or to adjust their
grievances, 	or effectively recorrmend 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
judgpient.
As the PERB itself held in Sweetwater Union High School District3 at page 12:
This section of the Act is written in the disJtmctive;
therefore, 	an employee need not possess all of the
enurrerated functions or duties to be a sUDervisor.
The perfonnance of any one of the enumerated actions
or the effective power to recorrmend such action is
sufficient to make one a supervisor within the meaning
oft.he Act. 	[Footnote omitted.]
A. 	Administrative Secretaries
The District, 	SEIU, 	and CSE.A seek to exclude the position of administrative
secretary from Unit D claiming that it is supervisory. 	AEOE asks that the
position be included in the tmit.
Administrative secretaries independently interview applicants for clerical
positions in the main, 	co1.ID.Seling, 	instruction and compensatory education offices
in the majority of cases and effectively make recom:nendations regarding whom to
hire to the Area Superintendent which are, with very rare exception, 	followed.
Furthennore. 	administrative secretaries independently evaluate probationary clerical
employees in the main office to detennine 'whether they will become pennanent
employees and sign said evaluations as the "evaluator." 	These perfonnance
3
3 (11/23/76) EERB Decision No. 4.	(11/23/76) EERB Decision No. 	4.
-14-

evaluations are the initial step in discipline and termination proceedings.
Administrative secretaries assign and direct work to clerical employees working
in the main office and review work done by clerical employees prepared for the
Area Superintendent or marked "Approved by the Superintendent."
Like area cafeteria managers I in San Diego Unified School District found
to be "supervisors" by the PERB itself, administrative secretaries through the
evaluation of probationary clerical employees have the authority to discipline
employees. Like head custodians in Sweetwater, supra, found to be "supervisors"
by the PERB itself, administrative secretaries through interviewing applicants for
clerical positions and making recommendations which are always followed have the
authority to effectively recommend the hiring of employees.
Therefore, administrative secretaries possess at least three indicia of
supervisory status as enumerated in section 3540.1(m) ; the authority to hire,
discipline, assign work to and direct employees. Accordingly, it is concluded
that administrative secretaries are "supervisors" pursuant to the EERA and are
therefore excluded from Unit D.
B. Adult School Secretaries
The District, SEIU and CSEA seek to exclude the position of adult school
secretary from Unit D claiming that it is supervisory. AEOE asks that the
position be included in the unit.
Adult school secretaries, in conjunction with their school principals, inter-
view applicants for central office clerical positions, complete and sign evaluations
on both probationary and permanent clerical employees and complete "tracers" or
reference forms regarding clerical employees seeking promotion. Additionally,
adult school secretaries receive routine complaints from the public regarding
clerical employees, informally counsel said employees regarding such complaints
balance workloads among clerical employees and train probationary employees. Thus,
like the supervisor of gardeners/groundskeepers in Marin Community College
-15-
evaluations are the initial step in discipline and termination proceedings.
Administrative secretaries assign and direct work to clerical employees working
in the main office and review work done by clerical employees prepared for the
Area Superintendent or marked "Approved by the Superintendent."
Like area cafeteria managers I 	in San Diego Unified School District4 fotn:1d
to be "supervisors" by the PERB itself, 	administrative secretaries through the
evaluation of probationary clerical employees have the authority to discipline
employees. 	Like head custodians in Sweetwater, 	supra, 	fotn:1d to be "supervisors"
by the PERB itself, 	administrative secretaries through interviewing applicants for
clerical positions and making recommendations which are always followed have the
authority to effectively recorrrnend the hiring of employees.
Therefore, 	administrative secretaries possess at least three indicia of
supervisory status as enu:rerated in section 3540.l(m); 	the authority to hire,
discipli...ne, 	assign work to and direct employees. 	Accordingly, 	it is concluded
that administrative secretaries are "supervisors" pursuant to the EERA and are
therefore excluded from Unit D.
B. 	Adult School Secretaries
The District, 	SEID and CSEA seek to exclude the position of adult school
secretary from Unit D claiming that it is supervisory. 	AEOE asks that the
position be included in the lfilit.
Adult school secretaries, 	in conjtn:1ction with their school principals, 	inter-
view applicants for central office clerical positions, 	complete and sign evaluations
on both probationary and permanent clerical employees and complete "tracers" or
reference forms regarding clerical employees seeking proIIDtion. 	Additionally,
adult school secretaries receive routine complaints from the public regarding
clerical employees, 	informally cotn:1sel said employees regarding such complaints
balance workloads annng clerical employees and train probationary employees. 	Thus,
like the supervisor of gardeners/ grmmdskeepers in 1'13.rin Corrm.m.ity Collegg_
4	4(2/18/77) EERB Decision No. 8.	{2/l.Q/77\ ,:;,,:,on n,....,.....;,,..;,..,.,.., l\To 	Q	
\ 	/ 	'-'I I I j 	l..J.L..Jj_\IJ .LJC\......L.u'..L.V.LJ.. .L'll © Vo
-15-

District, testimony fails to indicate that adult school secretaries hire, discipline
employees or assign work through exercise of independent judgment in a way
which would cause them to be defined as supervisors within the meaning of
section 3540.1(m) . There is no indication that adult school secretaries have
any authority to transfer, suspend, lay off, recall, promote, discharge, reward
or discipline clerical employees at their schools or to effectively adjust
employee grievances. Rather, adult school secretaries have the duty of
coordinating the work among the clerical employees in a routine fashion. It is
therefore concluded that adult school secretaries are not supervisory employees
within the meaning of section 3540.1(m) and are therefore included in Unit D.
C. School Office Manager/Secretary I
The District, SEIU and CSEA seek to exclude the position of school office
manager/ secretary I from Unit D claiming that it is supervisory. AEOE asks that it
be included in the unit.
School office managers/secretaries I prepare rough draft evaluations and
"tracers" for clerical employees working with them which are then reviewed by
the principal and interview candidates for clerical positions with the principal.
School office managers/secretaries I train office clerks when they are initially
hired, occasionally assign or adjust work assignments among the staff when there is
an overload or imbalance and generally coordinate the work between themselves and
the other clerical employees in the office. Thus, like the supervisor of
gardeners/groundskeepers in Marin Community College District, supra, held by the
PERB itself to not be supervisory employees, school office managers/secretaries I
fail to exercise independent judgment in the hiring or evaluating. Rather, the
testimony indicates that school office managers/secretaries I are working
supervisors who frequently work with their small staffs performing clerical
duties. While school office managers/secretaries I may occasionally assign tasks
to clerical employees when there is an overload or imbalance, such infrequent
5 (6/26/78) PERB Decision No. 55.
-16-
District,
5
testirrony
fails
	to
	indicate
that
adult
school
secretaries
hire
	discipline
'
employees
or
assign
work through
exercise
of
independent judgment
in
a
way
which
would cause them
to
be defined as
	suoervisors
within
the
meaning
of
section
3540.l(rn). 	There
is
no
indication
that
adult
school
secretaries
have
any authority to
transfer,
	suspend,
	lay
off, 	recall,
	promote, 	discharge, 	reward
or
discipline
clerical
employees
	at their
schools
or to effectively adjust
employee grievances. 	Rather,
	adult
school
secretaries
have
the
duty
of
coordinating
the
work arrong
the
clerical
employees
in
a
routine
fashion.
	It
is
therefore
concluded
that
adult
school
secretaries are not
supervisory
employees
within the
meaning
of
section
3540. l(m) 	and
are therefore
included
in
Unit
D.
C.
	School
Office
Manager/Secretary I
The
District,
	SEIU
and
CSEA
seek
to
exclude
the
position of
school
office
manager/
secretary
I 	from Unit D claiming
that
	it
is
supervisory.
	AEOE
asks
	that
	it
be included
in
the
unit.
School
office
managers/secretaries
	I prepare rough
draft
evaluations and
"tracers" for
clerical
employees working
with
them
vJb.ich
are
then reviewed
by
the
principal
and
interview candidates
	for
clerical
positions with the
principal.
School
office
managers/secretaries I
	train
office
clerks
vJb.en
they
are
initially
hired, 	occasionally assign or adjust
work assignments arrong
the
staff
vJb.en
there
is
an overload
or
imbalance and
generally coordinate the
work between themselves and
the other
clerical
employees
	in
the
office.
	Thus ,
	like
the supervisor
of
gardeners/groundskeepers
in
Marin Conmunity College
District,
	supra,
	held by
the
PERB
itself
to not be supervisory employees, 	school
office
managers/secretaries I
fail
	to exercise independent judgment
in
the hiring or evaluating. 	Rather, 	the
testim::my indicates that
school
office managers/secretaries I are working
s-t..,pervisors
"'-mo
frequently work with
their
small
staffs
performing
clerical
duties. 	While school office managers/secretaries I may
occasimally assign tasks
to clerical employees
vJb.en
there is an overload or imbalance, 	such infrequent
5(6/26/78) PERB Decision No. 	55.
-16-

assignment of work is insufficient to require the designation of supervisor. It is
therefore concluded that school office managers/ secretaries I are not supervisory
employees within the meaning of section 3540.1(m) and are therefore included in Unit D.
D. School Office Manager/Secretary II
The District, SEIU and CSEA seek to include the position of school office
manager/secretary II from Unit D claiming that it is supervisory. AFOE asks that
it be included in the unit.
School office managers/secretaries II, in conjunction with certificated
supervisors, interview candidates for clerical positions, issue notices of
outstanding service, and complete and jointly sign performance evaluations for
all clerical employees in the main office. Additionally, school office managers/
secretaries II make out a permanent schedule for all the clerk-typists at school
sites, assign clerks to special projects or in emergency situations coordinate the
work among clerical employees in the office, consult with certificated supervisors
regarding clerical personnel, train and informally counsel clerical personnel. School
office managers/secretaries II distribute clerical work based upon the type of work
to be done in a routine manner, review documents that the principal will sign, and
coordinate work and vacation schedules among clerical employees. Therefore, the
testimony indicates that school office managers/secretaries II fail to exercise
independent judgment in the hiring and evaluating of clerical personnel. Further-
more, the assignment of work is done pursuant to a permanent schedule which only
occasionally varies in emergency situations or special projects. Thus, like school
secretaries in Sweetwater Union High School District, supra, held by the PERB
itself to not be supervisory employees, the evidence shows that school office
managers/secretaries II only occasionally make routine assignments to other employees
in a manner not requiring the exercise of independent judgment.
The evidence shows that school office managers/secretaries II act as
coordinators of work among the clerical employees in the office. School office
assignment of work is insufficient to require the designation of supervisor. 	It is
therefore concluded that school office managers/secretaries I are not supervisory
employees within the meaning of section 3540.l(m) 	and are therefore included in Unit D.
D. 	School Office Manager/Secretary II
The District, 	SEIU and CSEA seek to include the position of school office
manager/secretary II from Unit D claiming that it is supervisory. 	AEOE asks that
it be included in the unit.
School office managers/secretaries II, 	in conjtm.ction with certificated
supervisors, 	interview candidates for clerical positions, 	issue notices of
outstanding service, 	and complete and jointly sign perfonnance evaluations 	for
all clerical employees in the main office. 	Additionally, 	school office managers/
secretaries II make out a pennanent schedule for all the clerk-typists at school
sites, 	assign clerks to special projects or in emergency situations coordinate the
work arrong clerical employees in the office, 	consult with certificated supervisors
regarding clerical personnel, 	train and inforrrally cotm.sel clerical personnel. 	School
office managers/secretaries II distribute clerical work based upon the type of v-Drk
to be done in a routine manner, review docUID2I1ts that the principal will sign, 	and
coordinate v-Drk and vacation schedules ammg clerical employees. 	Therefore, 	the
testinDny indicates that school office -managers/secretaries II fail 	to exercise
independent judgment in the hiring and evaluating of clerical personnel. 	Further-
oore, 	the assignment of work is done pursuant to a pennanent schedule which only
occasionally varies in emergency situations or special projectso 	Thus, 	like school
secretaries in Sweetwater Union High School District, 	supra, held by the PERE
itself to not be supervisory employees, 	the evidence shows that school office
managers/secretaries II only occasionally make routine assignments to other employees
in a manner not requiring the exercise of independent judgrrent 0
The evidence shows that school office managers/secretaries II act as
coordinators of work among the clerical employees in the office. 	School office

managers/secretaries II may occasionally counsel clerical personnel regarding
problems they may be experiencing. Oftentimes, however, school office managers/
secretaries II will consult the school principal to resolve any such problems. Thus,
school office managers/secretaries II do not exercise independent judgment regarding
any of the indicia of supervisory status as enumerated in section 3540.1(m)
and are accordingly included in Unit D.
School Office Manager/Secretary III
The District, SEIU and CSEA seek to exclude the position of school office
manager/secretary III from Unit D claiming that it is supervisory. AFOE asks that
it be included in the unit.
School office managers/secretaries III, in many cases, independently
interview clerical applicants and effectively recommend the hiring of clerical
personnel. They independently conduct the personnel evaluations of probationary
employees located in the main office which determines whether or not a probationary
employee attains permanent status. School office managers/ secretaries III conduct,
without consultation with the school principal, the annual performance evaluations
of permanent clerical employees, schedule the work of clerks assigned to the main
office, re-assign work to eliminate imbalances and accommodate back workloads,
determine when overtime is necessary and who shall work overtime. Thus, like
area cafeteria managers I in San Diego Unified School District, supra, found to
be "supervisors" by the PERB itself, school office managers/secretaries III
independently evaluate probationary and permanent clerical employees and therefore have
the authority to discipline employees. Like head custodians in Sweetwater Union High
School District, supra, found to be "supervisors" by the PERB itself, school office
managers/secretaries III, by independently interviewing applicants for clerical
positions and recommending the employment of applicants, have the
authority to effectively recommend the hiring of employees. Therefore, school
office managers/secretaries III possess at least two indicia of supervisory status
-18-
managers/secretaries
II
may
occasionally
colilSel
clerical
personnel
regarding
they
may
be experiencing. 	Oftentimes,
	however,
	school
office
managers/
	problems
secretaries
	II
will
consult the
school
principal
to
resolve
any
	such
problems.
	Thus,
judgment
regarding
	school
office
managers/secretaries
	II
do
not exercise
independent
any
of
the
indicia of
supervisory
status
as
	enumerated
in
section
3540
.1
(m)
and
are
accordingly included
in
Unit
D.
E.	
E"
	School
Office
}l:mager/Secretary
III
school
	The
District,
	SEIU
and
CSEA
seek
to
exclude
the
position
of 	office
manager I
secretary
III
from
Unit
D
claiming
that
it
is
	supervisory.
	AEOE
asks
	that
it
be
included
in the
unit.
School
office
managers/secretaries
IIi
in
many
cases,
	independently
interview
clerical
applicants
and
effectively
recorrrnend
the
hiring of
clerical
personnel.
	They
independently
conduct
the
personnel evaluations
of
probationary
employees
	located
in
the
main
office
which determines whether
or
not
a
probationary
permanent
status.
	School
office
managers/
secretaries
	III
	conduct,	employee
attains
without consultation with the
school
principal,
	the
annual
performance
evaluations
of
permanent
clerical
employees,
	schedule
the
work
of clerks
assigned
to
	the
rmin
back
workloads,
	office,
re-assign
	work
to
eliminate
imbalances and acconrnodate
detennine
when overtime
is
necessary
and
who
shall
work
overtime.
	Thus,
	like
supra,
	foi.md
	to	area
cafeteria
managers I
	in
San Diego
Unified
School
District,
be
"supervisors"
by the
PERB
itself,
	school
office
managers/secretaries
	III
independently evaluate probationary and permanent
clerical
employees and
therefore
have
the
authority to discipline
employees. 	Like head custodians
	in
Sweetwater Union High
School
District,
	supra, 	fomd to
be "supervisors" by the
PERB
itself,
	school office
managers/secretaries
III,
	by independently interviewing applicants for
clerical
positions and recom:rending the employment
of applicants, have the
authority to effectively
recomnend the hiring of
employees. 	Therefore, 	school
office managers/secretaries III possess at least two indicia of supervisory status
-18-

as enumerated in section 3540.1(m) : the authority to hire and discipline employees.
Accordingly, it is concluded that school office managers/secretaries III are
"supervisors" pursuant to the EERA and are therefore excluded from Unit D.
V
PROPOSED ORDER
Based upon the foregoing Findings of Fact, Conclusions of Law and the
entire record in the matter, it is the proposed order that:
(1) Administrative secretaries and school office managers/ secretaries III
are found to be "supervisory" employees within the meaning of the EERA and are
therefore excluded from Unit D;
Adult school secretaries, school office managers/secretaries I and school
office managers/secretaries II are found to not be "supervisory" employees within
the meaning of the EERA and are therefore included in Unit D;
(3) The Regional Director is requested at a time and place specified by
the Regional Director to open the challenged ballots cast by employees occupying
the classifications adult school secretary, school office manager/secretary I, and
school office manager/secretary II as of May 9, 10, and 11, 1978;
(4) The Regional Director is further requested to open each of the
challenged ballots determined to be valid herein, to file a revised Tally of
Ballots consistent with this decision, and to certify an exclusive representative
of the employees in Unit D or to conduct a runoff election in Unit D as appropriate.
(4) After opening each of the challenged ballots determined to be valid
herein, the Regional Director is further requested to file a revised Tally of
Ballots consistent with this decision and to certify an exclusive representative
of the employees in Unit D or to conduct a runoff election in Uit D as appropriate.
-19-
as enumerated
in
section
3540.l(m):
	the
authority to
hire
and
discipline
employees.
Accordingly,
	it
is
	concluded
that
school
office
managers/secretaries
	III
are
"supervisors" pursuant
to
the
EERA
and
are therefore
excluded from Unit
D.
V
PROPOSED
ORDER
Based upon
the
foregoing Findings
of
Fact,
	Conclusions
of
Law and
the
entire
record
in
the matter,
	it
is
	the
proposed
order
that:
(1) 	Administrative
secretaries
and school
office
	managers/secretaries
	III
are
found
to
be "supervisory" employees
within the
meaning
of
the
EERA
and
are
therefore
excluded from Unit
D;
school(2)	(2) 	Adult school
secretaries,
	school
office
	managers/
secretaries
I 	and
office
	managers/secretaries
II
are
	found
to not
be "supervisory" employees
within
the meaning
of
the
EERA
and
are therefore
included
in
Unit
D;
(3) 	The Regional
Director
is
	requested
at
a time and
place
specified
by
the Regional
Director to
open the challenged
ballots cast
by employees occupying
the
classifications adult
school
secretary,
	school
office
manager/secretary
I,
	and
school
office
manager/secretary
II
as
of
May
9, 	10, 	and 11, 	1978;
(4) 	The Regional Director
is
	further
requested
to
open each
of
the
challenged
ballots
	determined
to
be
valid
herein, 	to
file
a
revised Tally
of
Ballots consistent with this
	decision, 	and
to certify
an exclusive representative
of the employees
	in
Unit
Dor
to
conduct a runoff election in
Unit
Das appropriate.
(4) 	After opening each
of the challenged
ballots
determined
to be
valid
herein, 	the Regional Director
is further requested to
file
a revised Tally of
Ballots consistent with this decision and to certify
an exclusive representative
of the employees in Unit
Dor to conduct a runoff election in lhit Das appropriate.
-19-

Pursuant to California Administrative Code, title 8, part III, section 32305,
this Proposed Decision and Order shall become final on September 8, 1978 unless a
party files a timely statement of exceptions and supporting brief within twenty (20)
calendar days following the date of service of this decision. Such statement of
exceptions and supporting brief must be actually received by the Executive Assistant
to the Board at the headquarters office in Sacramento before the close of business
(5:00 P.M.) on Tuesday, September 5, 1978 in order to be timely filed. (See
California Administrative Code, title 8, part III, section 32135.) Any statement
of exceptions and supporting brief must be served concurrently with its filing
upon each party to this proceeding. Proof of service shall be filed with the
Board itself. See California Administrative Code, title 8, part III, sections
32300 and 32305, as amended.
Dated: August 14, 1978
Kenneth A. Perea
Hearing Officer
-20-
Pursuant
to
California
Administrative
Code,
	title
8,
	part
III,
	section
32305,
this
	Proposed Decision and Order
shall
become
fi..11.al
on September
8,
	1978
unless
a
party
files
	a
	tirrely
stateID211t
of
exceptions and supporting
brief
within
twenty (20)
calendar
days 	following
the date
of
service
of this
decision.
	Such statement
of
exceptions and supporting
brief
must be
actually
received
by
the
Exe~utive
Assistant
to the
Board
at
the
headquarters
office in
Sacramento
before the close
of
business
(5:00 P.M.) 	on Tuesday, 	September 5, 1978
in
order
to
be t:inely
filed.
	(See
California
Administrative
Code,
	title
8,
	part
III,
	section
321350)
	An.y
statement
of
exceptions and supporting
brief
rrust be served concurrently with
its
	filing
upon each
party
to
this
proceedingo 	Proof
of
service
shall
be
filed
with
the
Board
itself.
	See
California
Administrative
Code,
	title
8,
	part
III,
	sections
32300 and 32305,
	as
amendedo
Dated: 	August 14, 1978
-20-
Kenneth
A.
	Perea
Hearing
Officer