Sacramento City Unified School District (PERB 0030E)

STATE OF C.tu.l.RJBNIA
DECISICN OF THE EDUCATIC'NAL
El1PLOYMENT REI..A.i.~GNS EOP.RD
STATE OF CALIFORNIA
DECISION OF THE EDUCATIONAL
EMPLOYMENT RELATIONS BOARD
In the Matter of:
SACRAMENTO CITY UNIFIED SCHOOL DISTRICT,
Employer,
and
CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION,
CAMELLIA CHAPTER 560
Employee Organization,
and
SACRAMENTO-SIERRA'S BUILDING AND
CONSTRUCTION TRADES COUNCIL,
Employee Organization,
and
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 22,
AFL-CIO,
Employee Organization, .
and
AMALGAMATED TRANSIT UNION, DIVISION NO. 256,
Employee Organization,
and
SACRAMENTO ASSOCIATION OF CLASSIFIED EDUCATIONAL
EMPLOYEES
Employee Organization,
and
AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL
EMPLOYEES LOCAL 258,
Employee Organization.
Case Nos. 	S-R-8
S-R-234
S-R-355
S-R-429
EERB	EERB Decision No. 30
September 20, 1977	September
:cecis	SERVICE EMPLOYEES ThiERNATICNP..L UNION, 	LOCAL. 22,
Afl.-CIO,
Employee Organization,.
and
~~.ATED TAA.\TSIT mION, 	DIVISICN ill. 	256,
Employee Orga1ization,
and
SACRAJ."ENTO ASSOCIATION. OF CLASSIFIED ETIUCA...'r'!ONAL
EMPLOYEES,
En;,loyee Organiz.ation,
and
AMERICAN FEDERATION OF STATE, 	COu~TI & MUNICIPAL
B:1PLOYEES !De.AL 258,
Employee Organization.
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Appearances:	APoearances: 	Wi]] i am E. 	Brown, 	Attorney 	(Brown & Conradi) 	for Sa.cra:i.nento City
Unified School Di.strict; 	Willian D. 	D:Jbson, 	Attorney, 	for CaliioI!"..ia Sc..11.ool
Employees Association, 	Camellia Chapter 560; 	R. 	A. 	Caples for Sacramento Sie_rra 1
s
Building & Construction Trades Council; 	Ster..,d..1-"'"t Wei..nberg and Robert J. 	Bezsr.e..l.:,
Attorneys 	0lan Bourg, 	Allen, 	Weinberg & FDger) 	for Serv'i.ce ~.:::r:ployees 	International ·
Union, 	Local 22, 	A.q,-cro; 	Peter Nussbaum, 	Attomey 	(Neyhart & Anderson) 	fer
A.rralgarrated Transit Union, 	Division No. 	256; 	Was le :t-f..cKinty, 	P:-esident, 	Sacramento
Association of ClassL.,.ed Educational Employees; 	and Hirsch Adell, 	Attorney
(Reich, 	Adell & Crost) 	for Amari.can FF>d 0 -.-ation of State, 	Ccunty & ML:nicipal
Employees, Local 25 8 .
CCNSTRIJCTION
.
CALIFORNIA
and
F.mployer,
Case Nos. S-R-8
S-R-234
S-R-355
S-R-429
William E. Brown, Attorney (Brown & Conradi) for Sacramento City
Unified School District; William D. Dobson, Attorney, for California School
Employees Association, Camellia Chapter 560; R. A. Caples for Sacramento Sierra's
Building & Construction Trades Council; Stewart Weinberg and Robert J. Bezemek,
Attorneys (Van Bourg, Allen, Weinberg & Roger) for Service Employees International
Union, Local 22, AFL-CIO; Peter Nussbaum, Attorney (Neyhart & Anderson) for
Amalgamated Transit Union, Division No. 256; Wasle Mckinty, President, Sacramento
Association of Classified Educational Employees; and Hirsch Adell, Attorney
(Reich, Adell & Crost) for American Federation of State, County & Municipal
Employees, Local 258.
ion No . 	30
20, 	1977
In the Matter of:
~ CITi UNl.E'IED SCH.COL DISTRICT,
SCHOOL Ei:'.!PLOYEES .ASSCCIATICN,
c.Af1ELLIA CHAPTER 560,
Enployee Organization,
and
.SACRAMENIO-SIERBA' S 3Ull..DING MID
TRADES COUNCIL,
Enployee Organization,
and

· Ee.fore .illeyne, 	t:.-.a+rr;m; 	G..,-nzales ~ Cossack, ~~ers.
OPINION
·i::::t 	- 	• 	• 	• ..J 	~ 	~ 	• - 	- .. , 	., , 	~ 	• 	dj;Jy reqt.:ESt.'3 :tor rec:,:;r,; c.cn zr..u. -::11..e:?:"i,,"'En.t!.CT..s .:::Lea. oy w..e p-==-t.:..e.s on a:.
a..-=r-=...- Apr: 1 	l, 	19 76 w-:it::l. the Sac="P'.lt:o City Thi -F-: od Sc.ii.col D:Ls ._.:.ct: 	(lli .:: ._.:.ct) ,
.the pa:rt:ies 	sought: at the e:a::::-e::res, 	a 	single cl.s.ssified ur:i.t 2nd e-i gb:t distinct
clas.si ri ed 1.mits. 	A seci.rity unit w"'2S reqt:.e.sted. by the Arr~:::icrn Feclsrati.on of
State, 	County zn.d M,:ni,..-f:p.tl Employeo_s, Local 258 	(.AFSCME) 	a:id Serv:ic~ Frrplcyee.s
Int2-"'":Eticntl Uci.cn, 	Loci 22, A.t1.-CTO 	(SEID) . 	A· skilled c:r2..1..-=t c:nd const::uction ·
ur..it was 	sought by SEID 2nd Sac::::-011·:enr..o S 1c.., La.' s BuildL-ig 2nd Ccnst::,-..:c-i on Traci.es
Cauncil 	(B11fl di.."'lg Tr-i-.d.es C...,~) . 	'The custodial c=T.. d w"'ZC'er.cuse e:::olavees	• 	• 	J
w--e=e cl ;::i+rr:P:ci. by P...FSG·!E s;,d SEIU. 	Toe fo:::id se:!:Vices e::playe=_s ,;.;-ere set:ght cnly by
SEIU. 	A unit of professional/t:ec..½ri..ical/r2prcciuct:i.....'"'n er:ploye:S T,.,,-as sc-,~ght by Sul!.
A tmit of i11St:::uct::icnal aides w"'2S 	s~t by the. Sac:::"a!Ento ..O...ssr,ci ac:icn of Cl_a.ssi-
fL::,.d, Ea'c!:lc..ori.2.l FIT?layees 	(S..~..GE) 	end SEID. 	A cleri c:::i 1 i_:r,i t w"'2S sough:c by s..~*CEE
and S.c:...l.LI. 	F-inally, 	the 	i...:..~FGr._a.ticn ':>.v:C.--ter3 _,._..~e sought as a unit by t.:.½e
P..rraJg-·, .,. ted ~s-Lt Lii..ic:i, 	D:i:vision No . 	25 6 	(T::-a-"...sit lricn) 	2nd SEIIJ. 	CSE..~ s e.c ks
o 	.r.ep.ce.se~:c 211 	cla.ssi Red ~icy=0 s 	cle.scibeci cbeve: in a s:i:-.:gle. t:nit::.
A h"""'~.i.g w-'a.s held by a b<=i"'.~ o .... : c==.r of t..½.e· Educ.atiar.:ai E:wlavi:r.e...TJ.t:
Relatiori..s Eoa:=d 	(r .. 0J3) 	b:J re.sob,--e t.l-;.e qt:.e.Sticn of the zp~.t.up.r: f ;::te ::nit or uri.ts cm
Octob·er 11-15 ;:;-id 18, 1976.
by one of the p~ G.es 	to be mg==-e-11:::, 	~e=,.,":i..scr; or c.cr.fiC:!:l-:-i' - 1 ,:;.;ere ;r2se::t:2c,
but t..':es-; :Lss,~0 s 	ar2. ri...ot a.~_ssed ii.-i c_h.i_s ~ort:i.on of w.1:e opir.-i en. 	'I:u.s cp-fnic.J.
r,,,,--i11 	be published in two pa-'""1-S c!ld ae GTI'Y i.ss-..::.e ta be 2drh-e.Ssed L-i t:..'1.e p:-esc:r~::
p.;i don of t±e opinicn is 	die uci-.:: qu.e.sticn.
~.a:ber Cassac.1<. r.ot only vigorously di.s2.g=ees w-it."1 t.1-ie bL~c.aticn of tb.. e
case im:a t.;o sep2-T2.ce dete:c:rinations buc, 	rrore :f_:q)ortmtly, 	di.sa.:'.:ees wi:::.'l. c-.e
issuance 0£ 2n ord0 7"' in this case i;...'i..tbout m 	acc::ru:p.;nying s tat~ent of fac~s 	a:nd
raM or.2.1.e. 	Tne issuance of w.':e O!'.'acrr is ccnt:=;rr:v bow.~ to £t:ndari:Enr.::l'1 	pr-f~r"'-iples OI:
cu.e process and oi.z o ...-n. Rules 	md Regula.c.on.s.
The Cal -i -For:r'-i"' Supre:re Court, 	in a. decision by Justice. To briner ::ega:::-dl.,.-:g
revie:r,.; of adm:L.'ilit::'ativ-e der-i si.ons bv wric of 1IEI1.da:ce unde!:' GJde of Ci·vil P::ocedu:ra
Sec.. 	1094. 5, 	held, 11
~ 	lici.c in Sec.' 1094. 5 is a. requir.renr: t:.'12.t the age1e7 •,.,TIJ..c:.":
rencb,..s 	the c.~er-..zed d.ec-i sion rn.!St sei:: fort.:.'"l ..C1....;.dinzs 	to bridge t:.17.e 2.i.-:al 11Lic
ga:o be'Civeen t..11.e ra:il evid21ce 2nd ult:i.rr2.te decision. or order. . . . 	.Arn:rn.g ot'l.er
functions 	a 	.:~ridings 	[of fact 	a:nd conclusions of l~wJ requirerr.:nt serves 	to ccnc:u.ce
e:.-:e adi:II::L.-u..sc:c.t:ive body to cira-..; legally rele:Vcr:.t smc.onclusions suppor:.;ve or i:::s
ult±rate &:cision; 	the i'"'ltencied e££ecc is 	to facilitace orderly a:ualysis ana
minimize t.'le l ikeli.hcod b."lat t:..";.e ag=:?:1.cy ·will r2ndcmly leap .C... cm evicier~ce to
-2-
Before Alleyne, Chairman; Gonzales and Cossack, Members.
OPINION
By requests for recognition and interventions filed by the parties on and
after April 1, 1976 with the Sacramento City Unified School District (District),
the parties sought at the extrares, a single classified wit and eight distinct
classified wits. A security unit was requested by the American Federation of
State, County and Municipal Employees, Local 258 (AFSCME) and Service Employees
International Union, Local 22, AFL-CIO (SEIU) . A skilled craft and construction
unit was sought by SEIU and Sacramento Sierra's Building and Construction Trades
Council (Building Trades Council) . The custodial and warehouse employees
were claimed by AFSCE and SEIU. The food services employees were sought only by
SEIU. A unit of professional/ tecimical/reproduction employees was sought by SoIU.
A unit of instructional aides was sought by the Sacramento Association of Classi-
fied Educational Employees (SACES) and SOLU. A clerical unit was sought by SACO:
and SELU. Finally, the transportation workers were sought as a unit by the
Amalgamated Transit Union, Division No. 256 (Transit Union) and SEIU. 	CSEA seeks
to represent all classified employees described above in a single unit.
A hearing was held by a hearing officer of the Educational Employment
Relations Board (FERB) to resolve the question of the appropriate unit or units on
October 11-15 and 18, 1976. At the hearing mmarous issues regarding employees claimed
by one of the parties to be management, supervisory or confidential, were presented,
but these issues are not addressed in this portion of the opinion. This opinion
will be published in two parts and the only issue to be addressed in the present
portion of the opinion is the unit question. 1
'
Member Cossack not only vigorously disagrees with the bifurcation of the
case inco two separate determinations but, more importantly, disagrees with the
issuance of an order in this case without an accompanying statement of facts and
rationale. 	The issuance of the order is contrary both to fundamental principles of
cite process and our own Rules and Regulations.
The California Supreme Court, in a decision by Justice Tobriner regardin
review of administrative decisions by writ of mandate under Code of Civil Procedure
Sec. 1094.5, held, "implicit in Sec. 1094.5 is a requirement that the agency which
renders the challenged decision mist set forth 	adings to bridge the analytic
gap between the raw evidence and ultimate decision or order. . . . Among other
functions a findings [of fact and conclusions of law] requirement serves to conduct
the administrative body to draw legally relevant subconclusions supportive or its
ultimate decision; the intended effect is to facilitate orderly analysis and
minimize the Likelihood that the agency will randomly leap from evidence to
-2-

DISCUSSION
Sac:ra:rento Ut:Jj A ed Sch.col Dist:rict consists of 58 eler.ent:.a:ry sc..½ools attended
by approximately 22 ,.739 	stude:lts, 	11 ju:ri.or bi gh schools attended by approx:imtely
9,059 	students, 	sev-en senior high sc..l-:.ools atteri..d.ed by zpprcxi.mately 10, 844 students
and six adult sd1cols ae-..ended by approx:imtely 12,000 students. 	Tne 1)7~ Lt.ict
eriploys 	apprax±Dately 1, 99 S . regular classj fi ed e::op loyees , 	incl ,~di "'.lg those •,.,no
w-ork less 	than four hours per day. 	'Th.e Di.strict is not a JIE..:..-:it systsn 	di.strict.
Toe District bas five discrete w-m:k sites 	in addition to 	the va.-rious 	·
sc..'1-icols: 	a 	central office, 	a corporation yard, 	a t:ranspor-1-2.tion faciJ i ty, 	a
CED.t:ral warer...ouse, 	and five children's ce...'11.te....-rs. 	None of the units proposed by
the rc:::r:ious parties i.s confined to any one war..c site.. 	Thus, 	the central
uf.£.ice houses 	custodians, 	custodial managers, 	account cler...c.s, 	cle:ks, 	secretaries,
reproduction workers , keypunc.½. perscn:oP-1., 	c.cmputer personnel, 	persO!'rr"...el tec."rrri.ciar..s ,
budget tec.½nicians, 	accounting tec.'i-J:ri-i clans, 	and progran:r.ers. 	The corporaH on yard
'b..auses all skilled crafts e:~cept t.l-ie laborer/ gardener and soo:e. c:ustodi.ar..s 	and
special c.iffic.ers. 	The transportation facility r1ouses bus dri.vers 	~d attendants,
transportation r:::ec..li.anics and cleri.czl personnel. 	Toe central ware1:1ouse 2.ccGJII!D-
dates· i;..c:.,_--r-er.cuse war:-<.ers, 	buyers, 	soma cle....-rical E:Iployees, 	a:id t..'l.e de1 i:veryrra:i.
At eac..1-i of the five 	cii.ildren 's centers, d:tlldren center cocks, 	:i.r..structional aides,
OJ.Stodians I 	food se...~ce assistant I s 	. and utili. ty r,..or..-:ers 	are e:rp loyed. 	L7.dividual
high sc:-..ools are the wurk site for custodians, 	custodial u::c:r.ag.ers, 	cler..--: II s,
secretary Is~,~ 	r~l!.ars, 	food se..._~ce a.ssistan.t Is 	and IIs, 	cafet~...a ~ers 1
floor maintEI."l..ance '!'..i-cr..<e...-r-s, 	sd:-.ool secretary II s, cler..c II..t. s, 	cont:rolle_~ . and
sp!:""-ial officers. 	L7.dividual ele:ttent.2ry schools are t..i,.e w-ork site for c.istoc.i.ar..s 1
custodial rranagets, 	food se.r;;ic.e assistant 	Is , 	r,::i-Fet::ri.....a managen,
aiil0 s, 	eleIEn.t:2!:y school sec::-er--d.es and cler:.,{, TTs _
L-iis t::u.cti.onal
Fi-v-e labor argani.zatior..s bzv--e historically represented classi£iad e:c!Jlovee.s	. 	.
in this District. 	AFSCME has represented security officers 	since 1944 md rr.cr2
recently has represented secreta:rial mci cle_-rical personnel; 	the Buildi.-ig Trades
Council has represented main~e:nance md c-2.f-w ,;.,orkers since 1948; 	Sacaento
( continued)
. conclusions. . . . 	They also serve a public relations 	.function by heloi.11g to oersuade
the parties 	that adrninist=:ative decision-ma.king is care_fi..Jl, 	reasoned, 	and equitable."
Tonanfa Assn. 	v. 	ColIDty or Los Angeles, 	11 Cal.Jd 506 	515-17 	113 Cal 0 -+--- 	836
(1974 	. 	- 	- 	' 	' 	•~'-·
•
S
-3-
ee Ed. Code Sec. 45103.
DISCUSSION
Sacramento Unified School District consists of 58 elementary schools attended
by approximately 22,739 students, 11 junior high schools attended by approximately
9,059 students, seven senior high schools attended by approximately 10, 844 students
and six adult schools attended by approximately 12,000 students. The District
employs approximately 1, 995 regular classified employees,2including those who
work less than four hours per day. The District is not a merit system district. 3
The District has five discrete work sites in addition to the various
schools: a central office, a corporation yard, a transportation facility, a
central warehouse, and five children's centers. None of the units proposed by
the various parties is confined to any one work site. 	Thus, the central
office houses custodians, custodial managers, account clerks, clerks, secretaries,
reproduction workers, keypunch personnel, computer personnel, personnel technicians,
budget technicians, accounting technicians, and programmers. 	The corporation yard
houses all skilled crafts except the laborer/gardener and some custodians and
special officers. The transportation facility houses bus drivers and attendants,
transportation mechanics and clerical personnel. The central warehouse accommo-
dates warehouse workers, buyers, some clerical employees, and the deliverycan.
At each of the five children's centers, children center cooks, instructional aides,
custodians, food service assistant Is and utility workers are employed. Individual
high schools are the work site for custodians, custodial managers, clerk IIs,
secretary Is, registrars, food service assistant Is and IIs, cafeteria managers,
floor maintenance workers, school secretary IIs, clerk III's, controllers and
special officers. 	Individual elementary schools are the work site for custodians,
custodial manager's, food service assistant Is, cafeteria managers, instructional
aides, elementary school secretaries and clerk Is.
Five labor organizations have historically represented classified employees
in this District. AFSOVE has represented security officers since 1944 and more
recently has represented secretarial and clerical personnel; the Building Trades
Council has represented maintenance and crafts workers since 1948; Sacramento
conclusions. ... They also serve a public relations function by helping to persuade
the parties that administrative decision-making is careful, reasoned, and equitable."
Topanga Assn. v. County of Los Angeles, 11 Cal. 3d 506, 515-17, 113 Cal. Rot. 836
(1974) .
2see Ed. 	Code Sec. 	45103.
3see Ed. 	Cede Sec. 	45240 	et seQ.
(continued)
S
ee Ed. Code Sec. 45240 et sea.
-3-

Sc...!i.col Fcod Services .4..sscciaticn b2.s re.::i. rese..'"lteci. food 	· 	1	se..."r"V1.c.es e:q_:,_ayee.s ; SEIU
has rep.tesent:d ~layee.s i.."1 a nu:mer of acc:..ma_ ....; __ , 	c-r- 	ct- 	,,.,_1-J..I.IJ..!d..l.. o--~s; 	.;.e .1. ... a:nsport.2.ticn
\IK:Jr:-<:ers Assccat:ion has represented bus d:d.vers and bus attE:1.C2n'CS; 	and t..'1.e
Sc..½col Pl.5nt ~f~...agers P...sscciation, 	No. 	1, 	has. representec sd-.cal ~lmt aperaticns
rrari..agers.
P...11 cla.ssL..9.ed. e!!!ployee.s 2:re subject to w.7.e SETi"e policies regcrd:L-ig V2.cat:ions,
le.a:v'es-, 	profession.al g.t.owt.1-i, he.tlt.'1. in...~2nce beefits, r...alidzys and prcrrotion....s.
The cl.assi£ied r-..tl.es and regula:tions are applicable to all classified eplcyee.s
arn:i t.'1.e mileage payment agre=r-er,t: is 	for t.1:.e be:ri..efit of all class.; fied ~layee..s.
Section 3541.3(a) .a£ the EERA. gr:mts 	the Eoard broad discretion to fashion
· 	· 	· 	. · 	'T"I-. .:. - 	' ~ 	• 	• 	• ' d b 	S 	' 	3 ,::;45 ( 1	appropri_ate negac.at:L-rig 1..:ru.ts. 	.u,J..J..,;:, GJ..scret:J..on LS gw.ae 	y 	ection 	.., · 	a.1
,,..."hi,c..½ req11.,..,..es 	t..½at we con.sider t..~ee ci.ter.-a. in dete,,11i-rring appropriate units:
t.½e c....~.it7 cf -interest beC:'7eEn and c"T" □ ng e:!_?layee.s, 	t..½e established practices
of enployees, 	a.."1.d t."le effect of tb.e size 0£ the unit on the e.££icie...'f'lt opeation
of t.½e scl:ool dist::ci.ct. 	In d.eti:::.l, :'li.:,-ig units approp .. 2te for negatiati....7.g, .we
:bzve. soeght to strike a bala.:."1ce c!i:cng t.~ese three occasicnally co4eti.:.g
criteria. 	M:Jst oft2n, 	t..1.e criterion af com::o..:.."'1.i.ty of interest is 	sc-..£:•.TIE..t at·
~vcL-ri..ance r,..i.t::.1. t.":e cti.ce.....~on of ef.~-2.cie::t oper2.ticn of t.i,.e sci-~ool d-ic::'-'-.:.cc;
first pez::rri.ts a1..d even ei.7.co1.:rages SiT.a.ller units, ,.,.,,itlle ti.'"'..e latter suggests
brcade= IDJ-:re cc~reher1.si'1'e units.
We ha\l'e ccnsistently d.ete....."'1:!li..--:ed, 	be~-1.7!'.ii.-ig w"i.th Sr,;eei:wate!:' Lhlcn Hi.z.'1 Sec.'cool
:pi.st::ict, 	t.,,'-i::::-c i.Tl t:J.e cla.ssLfied sector t..½::ree unit:s are· presu:rptively 2.7?propriate:
an ii.7.Strt!.cci.or..al aide or pzap:ro£essiona2 uriit, 	an. aperadcr.s-supfQtt se....."vi.ces
unit and an. o££ice-:ec.T.iC2.l ~d busi..-iess services 1..:Li t-
e-.ov. 	Code Sec. 	3541.3(2), 	Educ.3.ti~tl F';:q_:;l.oyrr:a.,..,_t :Relat--icns Ac:: or !:.:...?A, 	st.2.tes:
T'ne 'coarci shall b..av--e .ill of t:.':.e. followi...:.g po:.;ers 2..T1d c..:t:..e.s.
(2..) 	To c.et;.}t ,i •"le L,-,_, di "puted cases, 	or ot.";.e::-,;rise
2.pprove, 	c.:,!p:t.:apr:' ~::e U!'.it:s.
All ftct..1:er sta.tutorJ :re.£e.re::ces 2re to the C-0ve.....~t Code, 	t.::11.ess oc.~ez:-:.,-J'..se
indicated.
c-ov. 	Cod.e Sec. 	35L5(a) 	states:
In eac..1-i case r,.ne.re ~½.e a:r:rorcmr-2.ta:..,..,_ess of t.1:e t:nit is 2n
issue, 	t..11e board sh2.ll d.ecicl.e t.7.e cruastion on ti."le b~sis
of the con::n::uri..i.ty of i:nterest beC•le:2!!. ar.d arcng the e::ployees
and t.1l.eir est.::blished pr2ct:'..ces incl11d-irs.g, 	a:r:cng ot...~_r t:.'-ri..."1gs,
t.½.e e.'\.'"tent to which sue..½ erq:,loyee.s belar.g ta t.7.e sare E:I:ployee
orga:ri.zation, 	a::d t:.~e e.i:::ect of u.1.e size of t...":i.e unit on t.i.½e
efficient oceraticn of t...7.e sc::cal district.
6EERB Decisicn No. 	4, 	Nmre::ber 23, 	1976. 	See Fre:ID:1.t Unified S&.aol Dist::::-ic.t,
£ERB :ce,..,.: si.on No. 	6, 	Dece::ribcr 16, 	1976; 	Sm Dic£:o Lhlried Sc::ool Disc.-:.cc, 	G'..3
Cecis.; on No 	G 	i:"e;.,-,..,-:-:.,. 1 Q 	i 977	- 	• 	' 	- 	;...; .... ~.l 	--..J 1 - 	•
-4-
School Food Services Association has represented food services employees; SEIU
has represented employees in a number of occupational groups; the Transportation
Workers Assocation has represented bus drivers and bus attendants; and the
School Plant Managers Association, No. 1, has represented school plant operations
managers.
All classified employees are subject to the same policies regarding vacations,
leaves, professional growth, health insurance benefits, holidays and promotions.
The classified rules and regulations are applicable to all classified employees
and the mileage payment agreement is for the benefit of all classified employees.
Section 3541.3(a) of the EERA grants the Board broad discretion to fashion
appropriate negotiating units.*
4 This discretion is guided by Section 3545 (2)-S
which requires that we consider three criteria in determining appropriate units:
the commmity of interest between and among employees, the established practices
of employees, and the effect of the size of the unit on the efficient operation
of the school district. In determining units appropriate for negotiating, we
have sought to strike a balance among these three occasionally competing
criteria. Most often, the criterion of commmity of interest is somewhat at
variance with the criterion of efficient operation of the school district; the
first permits and even encourages swaller units, while the latter suggests
broader more comprehensive units.
We have consistently determined, beginning with Sweetwater Union High School
District, t6
hat in the classified sector three units are presumptively appropriate:
an instructional aide or paraprofessional unit, an operations-support services
unit and an office-technical and business services unit.
4
"Gov. Code Sec. 3541,3(a) , Educational Employment Relations Act or DORA, states:
The board shall have all of the following powers and duties.
(a) To determine in disputed cases, or otherwise
approve, appropriate units.
All further statutory references are to the Government Code, unless otherwise
indicated.
5"cov. Code Sec. 3545 (a) states :
In each case where the appropriateness of the unit is an
issue, the board shall decide the question on the basis
of the commemity of interest between and among the employees
and their established practices including, among other things
the extent to which such employees belong to the same employee
rganization, and the effect of the size of the unit on the
efficient operation of the school district.
FERB Decision No. 4, November 23, 1976. See Fremont Unified School District
FORB Decision No. 6, December 16, 1976; San Diego Unified School District, ants
Decision No. 0, February 13, 1977.
. -4-

There is a basic functional community of interest within each of the three
groups delineated above and not present within the entire classified service
which is consistent with the balance required by the criteria enunciated in
Section 3545 (a) of the EERA. The broad unit request by CSEA is not an appropriate
unit. Although some of the benefits and the rules and regulations apply to all
classified employees of the District, the classified employees as a whole do not
constitute an appropriate unit because they lack sufficient community of interest
and, in this District, they have not been treated as a single unit in the past.
With the exception of the security officers, a matter not at issue in any prior
case, we conclude that the units appropriate for negotiating in this case are
those which we have found appropriate in prior cases.
The District, 	SEIU and AFSClv£ urge t.'1at a. separate unit of security officers
is 	appropriate. 	CSE.A. urges 	the inclusion of these employees 	in an overall classified
unit~
Security Officers
Special officers have been separately represented by AFSCME since 1944.
There are ten special officers, one supervisor of special officers and one
assistant supervisor. All are 12 month per year employees, and all work eight
hours per day. There are three separate shifts, which provide 24 hours a day
security. Five officers are assigned to five separate high schools and report
there at the beginning of each day shift; five officers are assigned to a rotating
shift night patrol and report to the warehouse where they pick up a patrol car.
All officers are required to wear a uniform consisting of blue pants, a
grey shirt and identifiable hat. All officers carry a gun and a night stick. 	The
patrol cars are equipped with a light and siren. All security officers are
deputized peace officers of the State of California pursuant to California Penal
Code Section 830.4(a) (13) .
Security officers are deputized to make arrests for crimes committed on
school grounds. All officers must complete a basic course in arrest and fire
arms training as provided by the California Penal Code. The special officers
enforce laws and regulations of both the District and the City of Sacramento;
they have the authority to make misdemeanor arrests. 	They have the authority to
arrest other employees of the District if those employees are engaged in violations
of the law.
-5-

We con.elude that a 	sepc:..:....:.t: ui..it: of sec.rit:y of:""7 ~;rs 	is 	.:mo.. ou.t.L!.te.
S ~"" 	1 • 	• • 	. 	1 	. 	• • 	~ 	. 	t 	. . 	. 	.
i..-:.-...g ?J...l..cy coc.s::1.cc::r'l"'.a~ ons, 	_cr.g rec::gn::uea. l..l. I..,;,~ :;rr:.:va e sector, 	r~e
the sepG..~t::..on of bcna .i::.:d.e s.e,:::,..:ri.ty g;•c-'.!.\is · ~. ~m t±~ L= a-i11.c:.e= of the c1 .:ssi.;..-=j_ed
E!!playees. 	Sec.:rit:y uf ~: C 0 !:'S are depu-r-i z;=.j ac.d E!!iployed to ce-FE!:l.d the Dis '-'-.:.ct Is
prem.ses. ucm others, be they 01-rrsi d~-r-s, 	st·d":'!lt::s or ot±.e::- EI9layes.s of t..½.e Dis --..:c::.
Tr.ey a:re e:opo.,.cred ta eri.force :cot only t..~ r.iles md regula:t:ions of t..½e
Disrr:ic-::, 	bu:: also 	the L~ws cf the City of Sac=a:ne:nto. 	Toe e:r:ployer is end.tl2d
to 	a nucle1.!S of pr.1..1tecti.cn e!!plcyees to er,.forc2 its rcles 	and pro,tect its
prope.t.Ly aid persons w-it!'i.OU!: bei:ng conrrontad. •....-it:.1-i a di-..r--Sion cf lordty i.:..7.:.'1.erent
. Ll. the 	inclusion of sec-..:ri.ty affi c: 0 ~ 	in the sa:re unit •...,-it.~ at.~ chssi£i2d
~loyees. 	See ~..ci:ormell Ai.::-craft Cor:i., 	109 NI.SB 967, 	34 1..-q__~ 1489 	(1954);
C.12nce Vcus:ht .~.i.rc-::,_ft. 	Inc_, 	110 l'TI:.BB 1 ~42, 	1346, 	35 L°"'-~ 1338 	(1954) . 	Accorcii:igly,
w""e f:ind a 	separ3.t:2 1.2!'..it of sec:u::ity o --:-· c~s 	a:pprcpri ::::te for negnci .=ting.
Instruction.al P..i.cie.s
S,.A{ F... aid SETI]' bat.½. secik ta represent a sepzrate t:ri; t 	a£ aides . 	'fr.e od:e::::
~ 	C: 	~~ 	cc\ 	" . ~ 	ks 	, 	.,. 	* 	• ' 	., 	•
pc:..:. \--e.., 	e:a:;;;.='._ 	.::.c..'-:. wTil.C..'1 se:2.. - 	t..-:.e c::rr:prer-~7.SJ..Ve cu..r:, 	r..2,12 ro.a 1..7.t-21:est -i~ =-eprt'!.S2r:
i.:..7.g tl-..e.se e.r:playees. 	The District believes 	t..~t t:..~ 2ides 	sl:ould be ir.cl11.c"'d i::l an
aver? 11 	cl.ass.; fi ed. uri. t , 	e:<:c ep t 	hi:.t the Di~ LL .L c.t·1 s 	propc s e,:i i.=tl t •.,..-ocl d e:~cluc..e
secu:cit:-y c:r;rl t.½.e skilled c:ra.i..-=t a1d ccr..sC"-!Cticn E!!?loye.:::s 	as will be r:.oted. 12.t:!:'.
in
'Ir.e ev--id.e:J.cs re::::,~.g :.."'lSCU.C:t:icnal tld.es 	sr-.cw-s 	t.~t the:::2 are 641,:. persc;:,..s
t+,e ,-"'<l"'~c;to.-1 i.:z,-i t-- 	'D.r:e aid.=S i;..-c:=:.-c f-.-c:J. cr.e to ai.z:.."J.c toes 	a d.2y, 	1...!S122.l.l•y	-- 	-- ... 	- ---- 	__ ., 	-- 	-
bet:...--een r!.ii= hcurs of S a..:o.. 	,;:r.ci 5 p .Iil. 	Most w-.,Lk at t.":e ele:,-~t:=:=:y a:r:d s2ccn::.a.....7
sci-...ools. 	P...p?Lu.d=:2.tely t=n to 	20 0£ the aid.es 	are 12 miti.:,, a:ployees w"!".ile t.':.::
• 	1 	- 	~• 	.~ 1 •1 	.=-i -lo.5 ~u: ,,.., r,;r,....l_!' :,-,-r-r""' ;-'i--,;::-r,__~Qt T7""	
r=:1.a 1 "'1C~.,.. ,.;or..-:: C'C'-Y l.-2!1 r::::ct:...;."lS pe:r ye:::-i-. 	~ -1...:: 	... ....., 	•u.l;.-~ :.u..,.._c:;; 	-- 	.......
::-..ours fr:::i 1 y are ei; gih1.e far h"'.=J 6 	aid w-e7 F::i.,..e be:;.e.:.;,.~ whlc..:,, are r:.at prc:irE.::ed.
See NLRB v. 	Jones & Laughli...~ Steel Coro., 	331 US 416, 	20 L'<.PM 2ll5 	_
(1947); 	and die reT12r:.-<S oi Se.riaccr Ta£:: ac 93 Cong. 	Rec. 	61:f:/: 	(June 5, 	194;) ·
8ni.e orc:;-ccsed unit c::r..sists of t.."1.e fallc:7,.,-ir, 0 	ccsit:..cri..s: 	ang,,.:zm. C'..:.t:cna...:..
as sis tal t: 	;~ C1lC t:f..cr,::, 1 	2i.d.e, 	ir..s t=:uc:ticntl ass is t.2.:t I, 	; ns ~tier21. ass is t.:nc TT
t=,::ic11,i:r a.ssi.starrc-bi.J.i:e.!al, 	teac..'1::::- a.ssnc-i :::te., 	l:-.!Zll rr:cnit:ir, ~"'a-c_-,_g 2.-c::::::nca...:..t,
p&ent: edt:c.at::.cn c.Ssi.sca:t,. scb..col c~-tl::y w--or:.-<.ar, 	a::d vocaticr.2.l and ==-,.:....,c;.;e::-
t:ec..:.i_"T'J..i c.; rn.
,.
-o-
We conclude that a separate wit of security officers is appropriate.
Strong policy considerations, long recognized in the private sector, ' 7
require
the separation of bona fide semaity guards from the remainder of the classified
employees. Security officers are deputized and employed to defend the District's
premises, from others, be they outsiders, students or other emloyees of the District.
They are empowered to enforce not only the rules and regulations of the
District, but also the laws of the City of Sacramento. 	The employer is entitled
to a nucleus of protection employees to enforce its rules and protect its
property and persons without being confronted with a division of loyalty inherent
in the inclusion of security officers in the same unit with other classified
employees. See Mcconnell	1 Aircraft Corp., 109 NURB 967, 34 LRRM 1489 (1954) ;
Chance Vought Aircraft, Inc., 110 NURB 1342, 1346, 35 LRRM 1338 (1954) . Accordingly,
we find a separate unit of security officers appropriate for negotiating.
Instructional Aides
SACEE and SEIU both seek to represent a separate unit of aides. The other
parties, except CSPA which seeks the comprehensive wit, have no interest in represen
ing these employees. The District believes that the aides should be included in an
overall classified unit, except that the District's proposed unit would exclude
security and the skilled craft and construction employees as will be noted later.
The evidence regarding instructional aides shows that there are 644 persons
in the requested unit. 8
The sides work from one to eight hours a day, usually
between the hours of 8 a.m. and 5 p.m. Most work at the elementary and secondary
schools. Approximately ten to 20 of the aides are 12 month employees while the
remainder work only tan months per year. All aides win work more than four
hours daily are eligible for health and welfare benefits which are not prozaced.
7
See NLRB v. Jones & Laughlin Steel Corp. , 331 US 416, 20 LRRM 2115
(1947) ; and the remarks of	s of Senator Taft at 93 Cong. Rec. 64/4 (June 5, 1947) .
"The proposed unit consists of the following positions: program tutorial
assistant, inscuctional aide, instructional assistant I, instructional assistant II
teacher assistant-bilingual, teacher associate, hall monitor, walking attendant
parent education assistant, school community worker, and vocational and manpower
technician.
-6-

The duties of the aides are generally to wurk in the classroom w--ith st'..ide:nts
and take direction from the classroom teacher pr::ima_,.-i_ly and t..'1.e sc...1.001 principal
secondari...ly. 	The aides attend rreet::ir..gs with the tead1ers and nearly all are
involved in regular student contact .. 	Additionally, 	i.:.--i.structional aide cCC!IIL.-ri.t"J
workers and teaching assist.ant-bilingua.1/conmm.ity workers spend part of d1eir
day with parents and part of die;,.. day wit..11 students in the classroom.
The sc...11.col ccm:m.mity wurl<ers spend full-time in t..li.e ccmnunity and act as 	an
agent of t..'1.e pri..Tlcipal by getting children to corre to sc..11.ool EVents and to do
h.a:ae,v;urk. 	The ,;.mlkir,.g attend.ant assists childcen in crossi..~ the street. 	Hall
n:onitors keep visitors out of t..'1.e classroom. 	The program tutoring assistant
work.s 	in the larger Early Childhood Education III schools and serves as 	a
coardi.-riator for 	the principal to help in scheduling t.1-J.e aides 	inco tl:1e classroom
and works with the aides 	if they have problems.
. 	'
Toe aides are on the classified salary schedule and may be prorr.oted t..,rough
evaluatiori..s at the end of t..li.e year. 	Al t.11.ough r.alf the aides 	are r.ot funded by
general funds, 	they are all eligi...ble for tenure, 	a=e permanent and are re.1-iired
whether funding for 	t..½eir program is ren~"'-ed or not. 	If a program is not
renewed a tenured aide may transfer into another progr-am; however, 	this situation
has never occurred and c:tides l 	further' 	ha:v-e never. _been laid off.
Aides may becon:e teadiers rn.der t...½e Federal Career Opportunity Progran.
They receive a credential under t.l-iis progr-am and die District tries 	to place
them into a ce:rti ficated job. 	Th.is has happened appro:x:ima.tely ten ti.mes in four
years.
Aices ma_,y be pramted successively to 	ir...structional assistant I, 	ir.st::ucticri.2.l
assisi:ant II and teac..rier assistant by obtair..i..~ increasing ~ts 	of college,
c::edit conCJ......~ent with. i."1.creased e.."q)erience. 	Many ir.st::ruct::.onal aides have a
teadli.•.,.,_g credential or bac..½elor 1
s 	degree even chough they are not required.
. Tne pr.,.mary duties of t.1-i.e i.:.'"lSt::rt::.ctional aides 	i.i.~1Jl ve directly assisting
in t..~e educational developrrent: of students. 	This unique wort: fi..mction plus 	the
at.Ji.er factors l!E!ltioned such as 	educational require:nents and supervision by
teachers and pri....ncipal, 	indicate tbat the i."'5tructicri,al aides have a ccmrn.:nify
of incerest separate and distinct from t..~t of the other classified ETiployees.
-7-
The duties of the aides are generally to work in the classroom with students
and take direction from the classroom teacher primarily and the school principal
secondarily. The aides attend meetings with the teachers and nearly all are
involved in regular student contact. Additionally, instructional aide commity
workers and teaching assistant-bilingual/community workers spend part of their
day with parents and part of their day with students in the classroom.
The school community workers spend full-time in the community and act as an
agent of the principal by getting children to come to school events and to do
homework. The walking attendant assists children in crossing the street. Hall
monitors keep visitors out of the classroom. The program tutoring assistant
works in the larger Early Childhood Education III schools and serves as a
coordinator for the principal to help in scheduling the aides into the classroom
and works with the aides if they have problems.
The aides are on the classified salary schedule and may be promoted through
evaluations at the and of the year. Although half the aides are not funded by
general funds, they are all eligible for tenure, are permanent and are rehired
whether funding for their program is renewed or not. If a program is not
renewed a tenured aide may transfer into another program; however, this situation
has never occurred and aides, further, have never been laid off.
Aides may become teachers under the Federal Career Opportunity Program.
They receive a credential under this program and the District tries to place
them into a certificated job. This has happened approximately ten times in four
years.
Aides may be promoted successively to instructional assistant I, instructional
assistant II and teacher assistant by obtaining increasing amounts of college
credit concurrent with increased experience. Many instructional aides have a
teaching credential or bachelor's degree even though they are not required.
The primary duties of the instructional aides involve directly assisting
in the educational development of students. This unique work function plus the
other factors mentioned such as educational requirements and supervision by
teachers and principal, indicate that the instructional aides have a community
of interest separate and distinct from that of the other classified employees.
-7-

This conclusion is CO!"'.Si..stant .,..:n_th m:r previous 	decisior.s 	in Pittsburz. UnL,.ed.
-::: h 	1 D · 	· .... 	s 	r~.: 	?Hi • 	,.. , 	,. 	• 	• 	.,.. 	u.,_.: ~- 	d c: • 	1	... er co 	1.Smc_, 	weet"...,-a.te:r ui.w.on 	, C'T"J. ;:::c."!oo_ Di-Str:l.ct, 	rre:m:mt 	~u.....1.."J..e 	~c.r..co
Di 	. . 	d c-- . T'>-: 	r· • ~- 	• <::: h 	1 Di 	.
This conclusion is consistent with our previous decisions in Pittsburg Unified
School District, 9Sweetwater Union High School District, 10 Fremont Unified School
District 11
and San Diego Unified School District. 12Accordingly, we conclude that
a separate unit of instructional aides is appropriate
,, 	. . 	7 	clst::rJ.ct 	an 	.k-.7. LJ.l..E:20 wT1.1.z1.ea. -ct.co 	smct. 	p..ccora.J...i.7.g_y, we con 	ud.e that
a separate ix.~ t 	af i...""1.St::t:ctior..al aides is 	~propn .=ce.
Ooeraticn.s-SUD'COrt Se~vices Emolovees
SEIU se0 ks 	to £..2.gment t½ese EII9loyees into separ2.te skilled c:r~-Fts,
food services
Operations-Support Services Employees
SEIU seeks to fragment these employees into separate skilled crafts,13	13
food services14
and transportation units. Building Trades Council also seeks a
separate skilled crafts unit. AFSCME seeks a separate unit of custodial and
warehouse workers. 16 Transit Union seeks a separate transportation unit.
The District urges that a separate skilled crafts unit is appropriate and that
the remaining classified employees, except security officers, should be included
in a single unit. CSEA would include all classified employees in a single unit.
a:id trzri.spor..at:i.cn15 uni ts . 	Buildi..-rig Trades C.Ouncil also s e 0 ks a
AFSQ!E s~_oks a separate unit of C'.l.Stodial and	se~arate skilled crafts un;t_
•
w--arehouse wrkers . 	Tra.7Sit Union se0 ks a separate trar..sport..2tion unit.
Toe Di.st::ict urges 	t.¼t a separate skilled crafts unit: is appropriate arid that
t.11.e re::rai.Tu7.g cla.ssi.B.ed e:r::playe:es, 	e.."'{CE:?t sec-.rity officers, 	should be inclu.d.ec.
in a single unit. 	CSEA, •,.;ould incl 11rb ell classified e:;:ployees L.7. a sii.-:gle unit.
rERB Decision No. 	3, 	Cctober 14, 	1976.
EERB :Ce,...; sion No. 	4 ' NovE!Iber 23, 	1976.
ERB Cecisian No . 	6, 	Dec.em EZ:' 16, 	1976.
ERB l>dsion No. 	8, 	Febn:r.a....-y 18, 	1977. 'l
.
The approxirrately 100 skilled crtl::.s and rn::iinte:nznce ~loyees 	i...-i.clu.d.e c.:."l.e
follo..,i...--,_g job classificat:i.cn.s: 	c::irpe.:.-iter, 	elect:::icia:n, 	elect=onics 	tec..'lnici.2:n,
eri.gi.-i.e-=-~, 	::lcor/tile and shade re'?ci~, 	glazier, 	laborer, 	12.bo=-er/ga:=c.e:ne!:',
painter / brc.1.Sh, 	pai.i.7.ter /spray, 	pli.::rdJe:', 	rcofer, 	end welde!:". 	T.1.e supe::-'r..:..Sor7
sta!:"i.!S of the classificaHons of ca_~e:nte.:::-/:rorR-e1, 	C2.rPenter/assist:.aTit forFan,
elec ....... ~ch"'"l'l/forz,,;::;;n, 	elect::rcni.cs 	tec:..~cizn/forc:r;,an, 	electronics 	tec:..11.i.-i.ician/
• 	. 	.c 	, 	• 	;- 	, 	• 	I 	. 	- 	l 	. 	/ 	,	ass1..st.2:nc ""or=r,,:=n, 	g.!2.Z:.er :tor=r""'a:n, 	_20ore!:' 2.SSJ..Sta..T'lt .torer..:m., 	_a.corer g:::.rc.e-.er
f orEna.,., 	labor er/ gardener as sis tEn t 	f orE!Z!a:1, 	p2.in ter / f or=ii::;-r: , plui:ri:l er/ f orerz: ,
pllci:Jer/assist:2":t fare:nan, 	roo£e::::/fcr2Ia"1, 	sr.op for2!'2I'. 	(c2rpe:ntez:), 	me,
er~..._T'leer/c:..1.ie£ is 1:n dispute.
-~ere are approti7a~ely 115 feed se!:Vice
assistant II' s, 	and four c...1u.ldre:n' s 	c:2!"1.ter cooks
~e..."""'Vi..sory status of c..1-i.e 39 c~.:eter.....a. r:!Er..agers
a.ssisc:.a:n:: 	Is , 	69 food se::vi.ce
in_ t_1-.j_s proposed i..nit. 	'The
I, 	II a:nd III is 	in dispute.
Toere are av;:irox:fnar::::ly 120 em;iloyees 	in t.L..e pro90sed w:ri.t cor.i.Sist:i.r,o
of bus d:d:ver I, 	bus· drive= If, 	bi.:.s 	acter.da:lc, 	cr2r.spor..aticn specialist, 	S~lJ
for?ila,, 	t::"En.5Fcrtz.ticr1 ::r.ec..1;.ard c a.;.d autcro:,tiv2 service atte:ncznt.
To 	. 	1 	,.,_O 	1 	. 	1.... 	l 	. -· 	. 	~	.l,ere 2re approx:ura.ce_y ..D 	e!J9 oyees 1.:.-i t:.;.1e .c 2..Ss:L.J..-::.c.ancns er: cwtod~ .c:rr
S""w-imn:i.7.g FQOl c..istccii;;n, 	floor r:ra.irrcenance ,.,·orke:=, 	5:· ucrids w1J:::-<er/rrover, 	utility 	'
wur.:eer, 	ni~rit w--a.tc.i.~, 	wc.rehOtJ.Se r...,-ar.-.::e=, 	delive....~.2!1, 	and :ool rocm at:t:2r,cait
in t:.7.is proposed unit. 	'I11e S~e="'vi-So-1.y status 	of 	t:.'l.e scb.ool olant ooeraticn.s
172!'12.ge.r I I II anc III 	is L.-i d.i.sput:e. 	. 	.
-8-
9	"FERB Decision No. 3, October 14, 1976.
lO	LOFERB Decision No. 4, November 23, 1976.
llE1JERE Decision No. 6, December 16, 1976.
12E.	12FERB Decision No. 8, February 18, 1977.
13
The approximately 100 skilled crafts and maintenance employees include the
following job classifications: 	carpenter, electrician, electronics technician,
engineer, floor/tile and shade repairman, glazier, laborer, laborer/gardener,
painter / brush, painter /spray, plumber, roofar, and welder. The supervisory
status of the classifications of carpenter/ foreman, carpenter/assistant foreman,
electrician/foreman, electronics technician/foreman, electronics technician/
assistant foreman, glazier/ foreman, laborer/assistant foreman, laborer/ gardener
foreman, Laborer/gardener assistant foreman, painter/foreman, plumber/ foreman,
plumber/assistant foreman, roofer/ foreman, shop foraman (carpenter) , and
engineer/chief is in dispute.
11,
There are approximately 115 food service assistant Is , 69 food service
assistant II's, and four children's center cooks in this proposed unit. 	"The
supervisory status of the 39 cafeteria managers 	I, II and III is in dispute.
15There are approximately 120 employees in the proposed Unit consisting
of bus driver I, bus driver II, bus attendant, transportation specialist, shop
foreman, transportation mechanic and automotive service attendant.
16
10
16
There are approximately 350 employees in the classifications of custodian,
swimming pool custodian, floor maintenance worker, grounds worker/rover, utility
worker , 	ight watchman, warehouse worker, deliveryman, and tool room attendant
in this 	proposed unit. 	The suwervisory status of the school plant operations
manager I, II and III is in dispute.
-8-

Skilled crafts 	e:nployees are different in sorr:e respects from other operations.;.
support· services employees. 	llist signi.:..-9.cantly, 	t½.ey are paid on a separate salary
sc..1-iedule and are required to have undergone an 	apprenticeship program. 	F..ow--ever,
these are distinctiar1s of degree rat"ier t.'1.a:n of kind. 	A separate salarJ schedule
evolved because historically t.'"lese e::aployees had been ccmpensated in accordance
with the salary paid their private-sector counterparts. 	However, 	since 1973 they
have received--tli.e sarre across-the-board pay increases as 	those granted to all
other classh-9.ed e:rrployees. 	In addition, while these employees possess discrete
skills, 	t.½e requisite skills of a carpenter are no n:ore nor less d.ist.i..'1.ct from
those of a plU!lber than from others included in the operations-support services
unit. 	Carpenters and w-are..riousen:en, like the skilled crafts e:nployees, wDrk a
12 rronth year and an eight hour day. 	Csrpenters, w--a.rehousemen and bus drivers,
like skilled cra:f""L.S 	employees, 	are pri.m3rily assigned to vrork from a 	central
location. 	Further, 	there :is 	no evidence of interc...~..ge bet:r"'een ms:nbers of one
pa....--t:icclar craft and another craft; 	t.'-rus 	the degree of fr1terc..hange wit.'1. other
enployees within die skilled crafts is no greater nor lesser t...1ian bec-.veen t..½e
skilled c-afts and other operations-support services ·employees.
The prim..ry w--ork function of skilied c::-aft$ 	er:pl9yees, 	li.1<e othe:!:" ope:!:"atidri~-
. 	.
support se--i-vices eJJployees, 	is essentially to pro"'Vide a proper physical emri.rorm:ent
· and support services 	for students. 	A separate unit is not warranted rrErely
because a group of errployees share a ccmm.:ni.ty of int:erest am:mg thsnselves, 	wi1en
that horr:ogeneous group forms 	only a part of a larger esser...tially hcrmgeneaus group
h . 	. 	·1 	di 	. 	"'" 	1 	.. , 	..::._ 	. 	Th 	..	s :tar'....ng s1I!l1. ar con , tions o.r: errp oyrr;ent ana JOD .L.L••uct:I.ons. 	us, 	wru..le r,..,--e have
dete:r.:mined t:.1-ia.t sea::ri-::y OJ;ficers 	constitute a separate appropr-i...ate irJ.t, 	th.is
de,...; si.on is pr.JI:.ar..ly based on the strong policy cori.sideratiO!".s of t..11.e unique
function of security guards; 	these policy considerations are i.riberent :o g-w2.:!"ds
but not to 	the skilled craftsn:en.
fust of the skilled crafts employees belong to 	t...1-i.e Buildii.,g Trades ·Council;
however, 	t..1.ere is no ev'i.dence as 	to wii.ether they also belong to ::my other employee.
orgar1.i.zations. 	L-,, addition, 	whlle their basic wage rate w--a.s, 	prior 	to 	1973,
dete.rndned by a different method b.1ian u½at used ror the rer;rinir.g classified. 	.
e:nployees, 	the rate wc::.S trnd-1 fi ed to acc.cmrodate 	the fringe benefits 	u.'1.ey received,
see Kelly Air Force Base, 	GEBR No. 	228, 	at Cnit Arbitrations 	1 	(1968).
-9-
Skilled crafts employees are different in some respects from other operations-
support services employees. Most significantly, they are paid on a separate salary
schedule and are required to have undergone an apprenticeship program. However,
these are distinctions of degree rather than of kind. A separate salary schedule
evolved because historically these employees had been compensated in accordance
with the salary paid their private-sector counterparts. However, since 1973 they
have received the same across-the-board pay increases as those granted to all
other classified employees. In addition, while these employees possess discrete
skills, the requisite skills of a carpenter are no more nor less distinct from
those of a plumber than from others included in the operations-support services
unit. Carpenters and warehousemen, like the skilled crafts employees, work a
12 month year and an eight hour day. Carpenters, warehousemen and bus drivers,
like skilled crafts employees, are primarily assigned to work from a central
location. Further, there is no evidence of interchange between members of one
particular craft and another craft; thus the degree of interchange with other
employees within the skilled crafts is no greater nor lesser than between the
skilled crafts and other operations-support services employees.
The primary work function of skilled crafts employees, Like other operations-
support services employees, is essentially to provide a proper physical environment
and support services for students. A separate unit is not warranted merely
because a group of employees share a community of interest among themselves, when
that homogeneous group forms only a part of a larger essentially homogeneous group
sharing similar conditions of employment and job functions. 17
. Thus, while we have
determined that security officers constitute a separate appropriate unit, this
decision is primarily based on the strong policy considerations of the unique
function of security guards; these policy considerations are inherent to guards
but not to the skilled craftsmen.
Most of the skilled crafts employees belong to the Building Trades Council;
however, there is no evidence as to whether they also belong to any other employee
organizations. In addition, while their basic wage rate was, prior to 1973,
determined by a different method than that used for the remaining classified
employees, the rate was modified to accommodate the fringe benefits they received,
17
. . .
See Kelly Air Force Base, GERR No. 228, at Unit Arbitrations 1 (1968) .
-9-

even then, 	in commn w-i.th all other classh-'i.ed employees. 	V..oreover., 	since 1973
they ha--ve received t.1i.e sa:rr.e r...'"2.ge i.T1.crease as 	all otb.er classh--'i.ed e::r:ployees.
Thus, 	t.:.11.e past practices 	of 	t.:.1:e skilled cra£ts 	e:nployees 	in t:his District,
pa.,...--d.cularly t.1i.e m::ist recent practices, 	do 	not require a separate skilled
crafts unit but rather suggest 	that t:.1.e skilled crafts have a comr.on interest
with o.ther cperations-support se_-r-vices e!uployees. 	Accardir1gly, 	we conclude here,
as we did in Frerront Unified Schcol District, 	1:hat a separate unit of skilled
crafts employees 	is not appropriate.
Neit.her are 	the transportation, 	custodial end warehouse or food services
units 	separately appropriate. 	In fact, 	there are as IIEnY, 	if not rmre,
diss:i.m:i J arities beb:,reen employees sought to be included w-i.w.7.i..Tl eac.11 of these
units 	di.En b.1i.ere are between e:nployees of one of t.17.ese units and other operations-
support services employees. 	Tnus, 	tr2I1Sporta~on rr.ech.ar1ics and shop 	forer:e..-ri
. w0rk 12 rn:mt.li.s · a yea.,.., 	just as do security guards and custodians, 	whlle bus
drivers 	end attendants work ten rmnt.li.s a year, 	as 	do food service e.uployees.
Drivers have becorr.e custodians and vice versa. 	Trensportation rr.eci1...2r.ics ,.,,urI<:.
in a shop adjacent to 	ct:,.e bus yard, 	while drivers, 	li.1.ze warehouser.en, 	are deployed
throug..1-iout die J:?istrict. 	Tne majority of custodians work i_-r1 the eve..77.ing, 	while
warehouser.en i:vurk duri_ng the day. 	Custodiari..s and warehouse::r.en., 	like fcod service
..
e:nployees, 	wear unifm:ms. 	The tool room attendant has nothir1g 	to do ""-i.b.1i.
cu.stodi ans 	or ware..houserren, 	but has substantial contact w-i.t.h the skilled craft:s
employees. 	Tne grounds i:...urker/rmver works ·wit.1i. skilled crafts 	employees .
¼bile the e:oployees w-i.t.hi...""1 the requested units rray ha:ve sccr.e ccrr.m:m skills,
other e:!!ployees 	in the broader operations-support services unit i:v-i.th essentially
the s2rr.e corm:on L..""lterests 2Il.d sld.lls suggest t.11.at the requested separate lll:'.its
are not appropriate. 	P...ccordirlgly, 	we conclude b.'"lat t:.1.e skilled crafts, 	food
services, transportation and custodial and ware..'f-i.ouse e:nployees 	toget:.17.er
constitute an operations-support services unit appropriate for negotiatui.g.
I:ecisian No. 	6, 	Cecerr.ber 16, 	1976.
Watcbrren c.1i.eck. loc..1.z.s and watch for fire a..'"'ld vandalism. 	Tney m..r.st have
one year e.."q)e-rience as a watc..}mi.zn or "related Cl:.Stodial work." 	Their :6.nction
i.s not to TIE..1.ze a_rrests; 	they carry no weapori~ nor a::-e they deputized or uni£or:r£d.
They are not s:nployed to 	enforce :ules or to protect t.he District's property or
safety of persons. 	Tney are, 	therefore, 	appropriately L.7.cluded in the sarr.e unit
with ot.1.er operations-support services 	err:ployees. 	See ¼3.lterboro ~lfg. 	Cory.,
106 NLRB 1383, 	33 LRPJ11028 	(1953); 	Container ksearch Coro., 	188 NLRB 580,
76 LRR.""1 1369 	(1971); 	and Shattuck Sc..hool, 	189 ill...~ ts86, 	7i L-q_._~,f 1164 	(1971) .
-10-
even then, in common with all other classified employees. Moreover, since 1973
they have received the sare wage increase as all other classified employees.
Thus, the past practices of the skilled crafts employees in this District,
particularly the most recent practices, do 	not require a separate skilled
crafts unit but rather suggest that the skilled crafts have a common interest
with other operations-support services employees. Accordingly, we conclude here,
as we did in Fremont Unified School District, 18
"that a separate unit of skilled
crafts employees is not appropriate.
Neither are the transportation, custodial and warehouse or food services
units separately appropriate. In fact, there are as many, if not more,
dissimilarities between employees sought to be included within each of these
units than there are between employees of one of these units and other operations-
support services employees. Thus, transportation mechanics and shop foremen
work 12 months a year, just as do security guards and custodians, while bus
drivers and attendants work ten months a year, as do food service employees.
Drivers have become custodians and vice versa. 	Transportation mechanics work
in a shop adjacent to the bus yard, while drivers, like warehouseren, are deployed
throughout the District. The majority of custodians work in the evening, while
warehousemen work during the day. Custodians and warehouseren, like food service
employees, wear uniforms. The tool room attendant has nothing to do with
custodians or warehousemen, but has substantial contact with the skilled crafts
employees. The grounds worker/mover works with skilled crafts amployees." 19
While the employees within the requested units may have some common skills,
other employees in the broader operations-support services unit with essentially
the same common interests and skills suggest that the requested separate units
are not appropriate. Accordingly, we conclude that the skilled crafts, food
services , transportation and custodial and warehouse employees together
constitute an operations-support services unit appropriate for negotiating.
11-8SERB Decision No. 6, December 16, 1976.
19
"Watchmen check locks and watch for fire and vandalism. 	They must have
one year experience as a watchman or "related custodial work. 	Their function
is not to make arrests; they carry no weapons nor are they deputized or uniformed.
They are not employed to enforce rules or to protect the District's property or
safety of persons. 	They are, therefore, appropriately included in the same unit
with other operations-support services employees. See walterboro Mig. Corp. ,
106 NURB 1383, 33 LRRM 1028 (1953) ; Container Research Corp., 188 NLRB 586
76 LRRM 1369 (1971); and Shattuck School, 189 NIRB 886, 77 LRRM 1164 (1971).
18
-10-
19

Office-Technical and Business
Services Emoloyees
SETIJ see..k:s to 	divide 	these employees L"'l.to professional/technical/reDroduction
and clerical 	units. 	SACEE see.1<.s an allied clerical uni.t. 	The Distric~ would
include these employees 	in ti.e overall classified unit, 	excluding skilled craft and
construction and security employees. 	CSE.A also seeks 	to 	include these employees 	in
a broader unit of all classified employees. 	We conclude that separate units of
professional/technical/reproduction employees 	and cle_-i-ical employees 	are not
appropriate. 	We further conclude that here, 	as 	in Sweetwater Union High School
District and Sm Diego Unified School District, 	an office-technical and business
services unit is 	appropriate. 	These employees, 	as d.istii.--i.guished from the operatior1s-
support se-.rvices 	employees., 	generally perform only clerical and record keeping w-ork.
Toe followi...ng classifications are sought to be included in this 	prop:ised 6
unit: 	computer operator I, 	computer operator II, 	key entry operator I, 	key
entry operator II, 	EDP program:rer, 	progrc3Ill!'.er/ analyst, 	senior progra:rrme.r / a."'1.alyst,
senior accountant, 	accountant, 	buyer I, 	bLryer II, 	reproduction cameraman,
reproduction lead worker, 	reproduction .technician, 	supervisor reproduction,
personnel analyst, 	re~earch ar1alyst, 	er1ooi..~eering teclinician, 	lead construction·
inspector, 	piar.o technician and corupensatory education analyst. 	The rnanagerial
and/or supervisory status of b.7.e budget a..-ialyst and the research specialist are
in dispute. 	The supervisorJ status of the EDP operations, 	data control, 	key
entry, 	pt;trcb.as:L."1g, 	and EDP systar.s and programning supe_rv"i.sors 	is in dispute.
1r..~e unit described here is 	simply all 	clerical employees, 	e..~cluding all
other e:riployees, 	superv"i.sors, 	ITEnagerial and confidential employees within d1e
rreari..i.."1g of the Act.
2.n-ie. job classifications sought to be included in t.'1.is proposed unit are
the followi.."1g: 	. account clerk, 	accounting technician, 	administrativ-e secretary,
budget te_c±m.ician, 	buy-er, 	c..ltlldren's 	center clerk, 	clerical specialist, 	clerk I,
clerk II, 	clerk III, 	controller, 	elerr:entarJ school secretary, 	key entry operator,
library clerk, 	personnel technician, 	research analyst, 	salary tec..~ci2Il, 	scb.ool
bookkeeper, 	school secretary I, 	school secretary II, 	secretary I, 	secretary II,
statistical clerk, 	supervisor-accounting services, 	supe...rvisor-data control,
supervisor-key ent;:ry, 	supervi_sor-purchasi.~g, 	supervisor-t:ra.~action and records,
supervisor-special projec~s 	and program accounting, 	teacher assistant, 	teac...½er
associate, 	telephone operator 	and w'arehouse clerk. 	The 	confidential status
of me adult school registrar, 	secretary to 	the admirJ.strator of me budget,
secretary to 	the adrni..TJ.istrator of special business 	se_rvices, 	and secretaries
to 	school principals wno serve as rrenbers 	of the negotiat:ing teams 	is 	at issue.
-11-
Office-Technical and Business
Services Employees
SEIU seeks to divide these employees into professional/ technical/reproduction
20
and clerical21
" units. SACFE seeks an allied clerical unit."
22The District would
include these employees in the overall classified unit, excluding skilled craft and
construction and security employees. CSEA also seeks to include these employees in
a broader unit of all classified employees. We conclude that separate units of
professional/ technical/reproduction employees and clerical employees are not
appropriate. We further conclude that here, as in Sweetwater Union High School
District and San Diego Unified School District, an office-technical and business
services unit is appropriate. These employees, as distinguished from the operations-
support services employees, generally perform only clerical and record keeping work.
20
The following classifications are sought to be included in this proposed
unit: 	computer operator I, computer operator II, key entry operator I, key
entry operator II, EDP programmer, programmer/analyst, senior programmer/analyst,
senior accountant, accountant, buyer I, buyer II, reproduction cameraman,
reproduction lead worker, reproduction technician, supervisor reproduction,
personnel analyst, research analyst, engineering technician, lead construction
inspector, piano technician and compensatory education analyst. The managerial
and/or supervisory status of the budget analyst and the research specialist are
in dispute. The supervisory status of the EDP operations, data control, key
entry, purchasing, and EDP systems and programming supervisors is in dispute.
2
The unit described here is simply all clerical employees, excluding all
other employees, supervisors, managerial and confidential employees within the
meaning of the Act.
2
The job classifications sought to be included in this proposed tit are
the following: account clerk, accounting technician, administrative secretary,
budget technician, buyer, children's center clerk, clerical specialist, clerk I,
clerk II, clerk III, controller, elementary school secretary, key entry operator,
library clerk, personel technician, research analyst, salary technician, school
bookkeeper, school secretary I, school secretary II, secretary I, secretary II,
statistical clerk, supervisor-accounting services, supervisor-data control,
supervisor-key entry, supervisor-purchasing, supervisor-transaction and records,
supervisor-special projects and program accounting, teacher assistant, teacher
associate, telephone operator and warehouse clerk. The confidential status
of the adult school registrar, secretary to the administrator of the budget,
secretary to the administrator of special business services, and secretaries
to school principals who serve as members of the negotiating teams is at issue.
-11-

The s:nployees in. the proposed professional/techr,ical/reprod:uction utlt do
not constitute a cohesive separate group of employees. 	There is no geographical
.
or functional unity of employees i...T1 this proposed unit. 	Thus, 	while reproduction
and data processing e!!iployees work in t.'-.e central office 2Ilne.."'<:, 	accmmtii.7.g
employees ~.;ork. in t.½e DE..i...-i administration buildi.i.-ig and buyers 	in the r,.,,..are..riouse.
Fu:rther 1 	there is 	substantial ir1terchange between t..11ese e:nployee.s and other
office-technical and business se..~ces employees. 	Thus, 	secret:a.ries have
beccme buyers, 	data processing and reproduction employees; 	clerks have become
· reproduction technicians; 	and COII:ipllter operators have beccme accounting
technicians. 	1-'1'.oreover, 	the skills of sane of these employees are ar.alogous
to 	the skills of other office-technical and business se..-rvices employees ; key
entry operators nee.d kno:vledge of t..he t"jping keyboard and the addi..7.g !I'.achi.i.7.e
just as do r:oany clerical enployees. 	Accordingly, 	we conclude that a broader
unit of office-technical and business 	services ;employees 	is appropriate.
SEID see..1.::..s 	to include in its profe?sional/tec.lirri.cal/reprod~ction
unit the classifications of piano technician, 	construction inspector, 	le2.d
construction inspector and e..rigi.i.7.eeri..T1g tec..hni.cia..-i. 	11Jbile b.'1e evidence is
e.."'<:ceed.ingly sp~se regard.L.-ig these employees, 	it appe~rs 	t:.7.2.t t..\ey have 	little
in com:ron wit.11. office-technical and busii.7.ess 	ser-nces employees. 	T'ne pia:r10
technician, 	in effect, 	tunes and maintains 	pianos; 	the construction and lead
construction L"l"lSpectors ensure w.7.2.t construction work is perfor:rr..ed i.i.-i 2ccorc:i:filce
wit.1-i ~..,-arious state and local building codes and general safety standards; 	the
engineer..wg technician se..rves as 	a draftsperson for v2rious 	construction projects.
Even SEIU in its brief ac:.-0:1.owledges 	b.7.at t.11.ese ci!ployees might have rr:ore L.7.
ccmrm wit.i.11. the skilled crafts 2nd m;:,inte...ri.ance e:nployees 	tba..1.7. wit..ri e!!'!!?loyees 	in
its proposed professional/tec.1inical unit. 	Accordir.gly, we conclude ·t1-i..at t.11.ese
e:nployees should be incll:ded Lri the operat~or~-suppor~ services unit.
-12-
The employees in the proposed professional/ technical/reproduction unit do
not constitute a cohesive separate group of employees. There is no geographical
or functional unity of employees in this proposed unit. Thus, while 	hile reproduction
and data processing employees work in the central office annex, accounting
employees work in the main administration building and buyers in the warehouse.
Further, there is substantial interchange between these employees and other
office-technical and business services employees, Thus, secretaries have
become buyers, data processing and reproduction employees; clerks have become
reproduction technicians; and computer operators have become accounting
technicians. Moreover, the skills of some of these employees are analogous
to the skills of other office-technical and business services employees; key
entry operators need knowledge of the typing keyboard and the adding machine
just as do many clerical employees. Accordingly, we conclude that a broader
unit of office-technical and business services employees is appropriate.
SEIU seeks to include in its professional/ technical/reproduction
unit the classifications of piano technician, construction inspector, lead
construction inspector and engineering technician. While the evidence is
exceedingly sparse regarding these employees, it appears that they have little
in common with office-technical and business services employees. 	The piano
technician, in effect, tunes and maintains pianos; the construction and lead
construction inspectors ensure that construction work is performed in accordance
with various state and local building codes and general safety standards; the
engineering technician serves as a draftsperson for various construction projects.
Even SEIU in its brief acknowledges that these employees might have more in
common with the skilled crafts and maintenance employees than with employees in
its proposed professional/technical unit. Accordingly, we conclude that these
employees should be included in the operations-support services unit.
-12-

ORDER
The Educational E..'11ployrr:er1t Relations Board directs 	t:.1.at:
The follaw-ing units 	are appropriate for 	the purpose of rr.eetir1g and
negotiating, 	provided an employee organization becorr.e.s the exclusive
representative:
Unit A - 	All 	security officers; 	excluding all other employees,
:including rn:magen:ent, 	supervi.sory and confidential employees.
Unit B - All 	instructional aides 	(paraprofessionals) ; 	e...xcluding
all other employees , 	including rr°Ja:r1agemmt, 	supervisory and
confidential employees.
Unit C - 	All operatior...s-support services personnel, 	includii.11.g watchmm,
skilled craft and construction 'wDrkers, 	custodial and warehouse
. worke;r-s, 	food servi.c'; employees, 	transportatiop, wo:r:1:,ers, 	construction
inspector, 	lead construction i..."'"l.Spector, 	piano technician, 	and
enginee:dng technician; 	e..."'{Clud:Lri.g all manag6!E!l.t, 	supervisory and
confidential employees.
-Unit D - 	All office-technical and business 	services employees, L11.cludi..."1g
all professional, 	techn-ical, 	reproduction and clerical ~loyees;
excluding all ot½er employees, 	including piano 	technician, 	construction
inspector, 	lead construction ii.7Spector, 	engineering tec.1-mician and
managerIEnt, 	supe....-rvisory and confidential employees.
Within 10 wvrkdays 	afte!:' the employer posts 	the Notice of Decision,
t.1-J.e employee organizations 	shall d.em:mstrate to 	the Regional Director at least
30 percent support Ln. t..½e above units. 	The Regional Director shall conduct
an election at 	the end of the posti....."1g period if: 	(1) 	rrore 	than. one employee
-13-
ORDER
The Educational Employment Relations Board directs that:
1. The following units are appropriate for the purpose of meeting and
negotiating, provided an employee organization becomes the exclusive
representative:
Unit A - All security officers; excluding all other employees,
including management, supervisory and confidential employees.
Unit B - All instructional aides (paraprofessionals); excluding
all other employees, including management, supervisory and
confidential employees.
Unit C - All operations-support services personnel, including watchmen,
skilled craft and construction workers, custodial and warehouse
workers, food service employees, transportation workers, construction
inspector, lead construction inspector, piano technician, and
engineering technician; excluding all management, supervisory and
confidential employees.
Unit D - All office-technical and business services employees, including
all professional, technical, reproduction and clerical employees;
excluding all other employees, including piano technician, construction
inspector, lead construction inspector, engineering technician and
management, supervisory and confidential employees.
2. Within 10 workdays after the employer posts the Notice of Decision,
the employee organizations shall demonstrate to the Regional Director at least
30 percent support in the above units. The Regional Director shall conduct
an election at the end of the posting period if: (1) more than one employee
1.
2.
-13-

organization qualifies 	for the ballot, 	or 	(2) 	if orily one eDployee organiza-
tion qualifies 	for the ballot a:r:.d t.'1e ~loyer does not grcnt volui.tarJ
recoenition.
Ra.ym,nd J. 	Gonzales, 	conCUiring:
.. --- ·r concur in the decision and rati.on21.e of l-f..emb ei Cossack, 	diS2'\,"CWll1g
footnote 111" of the decision. 	Title 8, 	Cal. 	P..61. 	Cede Section 33430 (a) 	provi~
in part for t.:.1.e Eoa.:!"d "taking such ot.:.1.e~ a.c.~ion a..s ic CGTJ..Siders properrr i.'1
reg::o.zd to 	2. decision of t.1"1.e ooard it.self. 	I£ ~yt..l-tlng, 	I 	v--i.ew t."le bLfurcat:.cn
of this c.ecision as an effort to 	e."q)edite t..:.ie settle:!E!lt of issues 	presented
in 	this case.
__ _........,... _____ ______,_
Rayo:onc/J. 	Gonzales., 	C".emer
Qi;; i ~en Regi.:..72.ld Alley.,.e, 	cor1ct.I?:J:"i ng :
For purposes of e::-9editi.."!g fi."'12.l :-esolucirn;. of t.1.i.s 	case, 	I 	conc..1r only
L"'l t.1,e Order, 	,;..."'hi c..'li. I belie"~--e to be ccnsiste!:..t wi t..'l precedents of d--.is Eou-d.
In t.l-ie case of ti.~ security guzrds, 	ti.lie Order is cor..si5tEnt w-i.t.Li Naticr£1
Labor Relations _.Ace ratiori.ale. 	I 	also agree 'with !:-"'~b~ Cv7.Z2.le.s 1 ·v""ie...;s, 	as
e..~essad in his conc&1..i.ng opi..7.ion, 	on t.1.e need to b; furcate 	::he issues 	ir1
an e.fforc to pron:pt t.."i.e settl::!!El t 	of the re:r..ai:r:;'T"l,g urre.soh--e-d issues
conce..."'"I"i..:.g t.~e 5U?e...rvisory, 	w;J.~ge....""ial · znd confidei.ci.al sc.2.c-1.!.S of certai.-:
Reg-i.•.n.2.ld· Alleyne, 	C~.....;n
organization qualifies for the ballot, or (2) if only one employee organiza
tion qualifies for the ballot and the employer does not grant voluntary
recognition.
-
By Jerilou H. Cossack, Member
Raymond J. Gonzales, concurring:
"I concur in the decision and rationale of Member Cossack, disavowing
footnote "1" of the decision. Title 8, Cal. Ada. Code Section 33430(a) provides
in part for the Board "caking such other action as it considers proper" in
regard to a decision of the Board itself. If anything, I view the bifurcation
of this decision as an effort to expedite the settlement of issues presented
in this case.
Raymond J. Gonzales, Member
Chairman Reginald Alleyne, concurring:
For purposes of expediting final resolution of this case, I concur only
in the Order, which I believe to be consistent with precedents of this Board.
In the case of the security guards, the Order is consistent with National
Labor Relations Act rationale. I also agree with Member Gonzales' views, as
expressed in his concurring opinion, on the need to bifurcate the issues in
an effort to prompt the settlement of the remaining Unresolved issues
concerning the supervisory, managerial and confidential status of certain
individuals.
Reginald Alleyne, Chairman
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SIATE OF CALIFOBNIA
IECISICN OF IEE EDtTCA:rIONAL
Fl1PI.DYMENT REIJu.IONS EOARD
DRIER
In the Matter of:
SACRAMENIO Cll'Y wn !ED SCBXJL DISTRICT,
Ellployer,
and.
CALiroRNIA SCBXJL EMl?LOYEES ASSCCIATION,
CAMEU..IA CHAPIER 560,
F.mol 	~.; ~"2:t::icn	. .oyee ...... eF""........... 	,
and
~SI.ERRA' S BUILDING AND
CONS'IRUCl'ION TRADES OJUNCIL,
~loyee Organization,
and
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
. 	. 	)
SERVICE EMPLOYEES INI'ERNAnONAL. UNION,. LOCAL 22, 	) . .
Afl.-CIO, 	. 	)
Ellployee Organization, 	)
and
AMALGAMAl'.ED 'IRANSn' ·UNION, DIVISICN 00. 	256 ,
~loyee Organization,
and
)
)
)
)
)
)
)
. 	. 	)
SACRAMENIO ASSOCIATION OF CI..ASS.ll WJ .EDUCA'.I'IONAL )
a1PLOYEES, 	)
E'lif; loyee Organizat:icn., 	)
and
)
)
)
AMERICAN FEDERATICN OF st..m, 	C'O'ONTY & M!JNICIPP.L )
El1PI.DYEES 	)
~loyee Organization. 	)
__________...;._,,_____,__;)
Case Nos • 	S-R-8
S-R-234
S-R-355
S-R-429
EERB Decision No. 	30
Septeimer 20, 	1377
STATE OF CALIFORNIA
DECISION OF THE EDUCATIONAL
EMPLOYMENT RELATIONS BOARD
In the Matter of:
SACRAMENTO CITY UNIFIED SCHOOL DISTRICT,
Employer,
and
CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION,
CAMELLIA CHAPTER 560,
Employee Organization,
and
SACRAMENTO-SIERRA'S BUILDING AND
CONSTRUCTION TRADES COUNCIL,
Employee Organization,
and
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 22,
AFL-CIO,
Employee Organization,
and
AMALGAMATED TRANSIT UNION, DIVISION NO. 256,
Employee Organization,
and
SACRAMENTO ASSOCIATION OF CLASSIFIED EDUCATIONAL
EMPLOYEES,
Employee Organization,
and
AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL
EMPLOYEES
Employee Organization.
Case Nos. S-R-8
S-R-234
S-R-355
S-R-429
EERB Decision No. 30
September 20, 1977
ORDER

The Educational Employment Relations Board directs that:
1. The following units are appropriate for the purpose of meeting
and negotiating, provided an employee organization becomes the exclusive
representative:
Unit A - All security officers; excluding all other employees, :cployees,
including management, supervisory and confidential employees.
Unit B - All instructional aides (paraprofessionals) ; excluding
all other employees, including management, supervisory and
confidential employees.
Unit C - All operations-support services personnel, including
watchmen, skilled craft and construction workers, custodial
and warehouse workers, food service employees, transportation
workers, construction inspector, Lead construction inspector,
and engineering technician; excluding all management, supervisory
and confidential employees.
Unit D - All office-technical and business services employees,
including all professional, technical reproduction and clerical
employees; excluding all other employees, including piano technician,
construction inspector, lead construction inspector, engineering
technician and management, supervisory and confidential employees.
2. Within ten workdays after the employer posts. the Notice of Decision,
the employee organizations shall demonstrate to the Regional Director at
least 30 percent support in the above unit. The Regional Director shall
conduct an election at the end of the posting period if: (a) more than one
employee organization qualifies for the ballot, or (b) only one employee
organization qualifies for the ballot and the employer does not grant
voluntary recognition.
Educational Employment Relations Board
by
Charles L. Cole
Executive Director
9/20/77
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.'h Ednca.d ona1 ~loyW::llt Bel.at:i.ons Poard directs t:ba.t::
1. 	'!be fol.lowing ucits are appropr:i.ate for the purpose. of met:il:lg
and ne~tiat:ing> 	provided an ~loyee oiganizadon be<X1D=S the excl\lSive
representative:
Unit A - All seo.n:i.t:y office:rs; 	excluding all other e
inc.Lnd:Jng maoagP.IIEnt:, 	supervisot"Y and confi dend aJ 	euployees.
thit B - 	All inst:ruct:ialal aides 	(pa:ca:p:cofessi.anaJ s) ; excluding
iII'o"a:le:r ~loyees, 	tru:lndi ng maoagemmt • supervisot"Y acd
caifidend.al ~layee.s. 	.
Ucit: C - 	All opera.tials-suppo1:c se:rv.ices persocnel, 	including
wardiien, 	skilled craft acd cx:inso:u:tial ~, 	custodial
ac.d -wa:rehouse ~, 	food sernce ec;,loyees, 	transportation
wo:d<::ers, 	a:mst::ruction :impector, 	lead ccn.st::ruction inspector,
acd e:igineerlng technician; 	excluding all managPUED.t, 	supervisory
and cm:fi dent:i.al ea;,loyees.
thit D - 	All office-tec+mical .and business sernces employees,
inclnding all professi.oc.al., 	tecbnlcal 	reproduction. ac.d clerical
exiployees ; 	exi::J,1Jd:ing all othe:r ec:p loyees , 	ioclndi ng piar;lo tedmi ci an,
construction icspector, 	lead ccnstruct:i.on :impector, 	e:igineerlng 	.
t:echnici.m and m:magemnt, 	super-r.i.sot'Y and confidential employees.
-2. 	Wit;lin tea~ after the eiployer posts- the. Notice· of Decisioc.,
t:be etp~ o:rgahizations shall dem::nsttate to the Reg:ional Director at:· ·
le.as t 	30 pe:rcent support: in·the above unit. 	'!be Regicnal Di.rector shall
ca,duct ~ electial at the end of the posting perlod if: 	(a) tICre than one
~loyee o:rganjzation qualifies 	for the ballot:, er (b) 	ally one eIIployee
o:r-gPriiza:tion qualifies for the ballot acd the ex:ployer does not grant
voluntny recognit:icc..
.
.
-2-
Educati maJ 	Fmployue.,.t Rel.a.ti.ens Board .
by
<liarles L. 	Cole
Emaltive Di.rector
9/20/77