Oakland Unified School District (PERB 0182E)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
OAKLAND 	UNIFIED 	SCHOOL 	DISTRICT,
Employer,
and
OAKLAND 	SCHOOL EMPLOYEES
ASSOCIATION,
Employee 	Organization.
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______________________ )
Case 	No. 	SF-UM-101
SF-UM-109
PERB 	Decision 	No. 	182
November 	25, 	1981
Appearances: 	Ember 	Lee 	Shinn, 	Assistant 	Legal 	Advisor 	for
Oakland Unified 	School 	District; 	Michael 	Sorgen, 	Legal 	Advisor
for 	Oakland 	Unified 	School 	District; 	Andrew 	Thomas 	Sinclair,
Attorney 	(Sinclair 	and 	Clancy) 	for 	Oakland 	School 	Employees
Association.
Before 	Gluck, 	Chairperson; 	Jaeger 	and 	Tovar, 	Members.
DECISION
This 	case 	is 	before 	the 	Public 	Employment 	Relations 	Board
(hereafter 	PERB 	or 	Board) 	on 	exceptions 	to 	the 	attached 	hearing
officer's 	proposed 	decision 	filed 	by 	the 	Oakland 	School
Employees 	Association 	and 	the 	Oakland 	Unified 	School 	District
(hereafter 	District).
The 	Board 	has 	considered 	the 	record 	as 	a 	whole 	and 	the
proposed 	decision 	in 	light 	of 	the 	exceptions 	filed 	and 	hereby
adopts 	the 	attached 	hearing 	officer's 	decision 	and 	order 	as
modified 	herein. 	With 	respect 	to 	the 	position 	of 	affirmative
action 	purchasing 	manager, 	the 	Board 	reverses 	the 	hearing
officer's 	decision 	and 	finds 	that that 	position 	is 	not
STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
OAKLAND UNIFIED SCHOOL DISTRICT,
Employer ,
and
OAKLAND SCHOOL EMPLOYEES
ASSOCIATION ,
Employee Organization.
Case No. 	SF-UM-101
SF-UM-109
PERB Decision No. 182
November 25, 1981
Appearances: Ember Lee Shinn, Assistant Legal Advisor for
Oakland Unified School District; Michael Sorgen, Legal Advisor
for Oakland Unified School District; Andrew Thomas Sinclair,
Attorney (Sinclair and Clancy) for Oakland School Employees
Association.
Before Gluck, Chairperson; Jaeger and Tovar, Members.
DECISION
This case is before the Public Employment Relations Board
(hereafter PERB or Board) on exceptions to the attached hearing
officer's proposed decision filed by the Oakland School
Employees Association and the Oakland Unified School District
(hereafter District) .
The Board has considered the record as a whole and the
proposed decision in light of the exceptions filed and hereby
adopts the attached hearing officer's decision and order as
modified herein. With respect to the position of affirmative
action purchasing manager, the Board reverses the hearing
officer's decision and finds that that position is not

managerial 	within
	the
	meaning
	of
	Government
	Code
	section
3540.1
(g) .
DISCUSSION
Government
	Code
	section
	3540.l(g)
	defines
	"management
employee" 	as 	"any
	employee
	in
	a
	position
	having
	significant
responsibilities
	for 	formulating
	district
	policies
	or
administering
	district
	programs."
	The
	Board 	has
	previously
held
	that
	a
	management
	employee
	must
	possess
	significant
responsibilities
	both
	for 	the
	formulation 	of
	district
	policies
and
	the 	administration
	of
	district
	programs.
	Lompoc
	Unified
School
	District
	(3/17/77)
	EERB
	Decision
	No.
	13,
	at
	20-21.
lEducational
	Employment
	Relations
	Act
	is
	codified
	at
Government
	Code
	section
	3540
	et
	seq. 	All
	statutory 	references
are 	to
	the
	Government
	Code
	unless 	otherwise 	noted. 	Section3540.l(g} 	reads:
"Management
	employee"
	means
	any 	employee
	in
a
	position
	having
	significant
responsibilities
	for 	formulating
	district
policies
	or
	administering
	district
programs.
	Management
	positions 	shall
	be
designated
	by
	the 	public
	school
	employer
subject
	to 	review
	by
	the 	Educational
Employment
	Relations
	Board.
2prior 	to 	July 	1,
	1978,
	PERB 	was 	known
	as 	the 	Educational
Employment
	Relations
	Board
	(EERB).
The
	two-prong
	test
	was 	deemed
	necessary 	to 	reconcile 	the
fact 	that 	supervisorial
	employees
	also
	have
	significant
responsibility
	for 	administering 	school 	policy 	yet 	are
expressly 	authorized 	to 	organize 	representation 	units
	and
engage 	in 	good-faith 	negotiations,
	a
	right
	denied 	managerialemployees.
2
managerial within the meaning of Government Code section
3540.1 (g) . L
1
DISCUSSION
Government Code section 3540.1 (g) defines "management
employee" as "any employee in a position having significant
responsibilities for formulating district policies or
administering district programs." The Board has previously
held that a management employee must possess significant
responsibilities both for the formulation of district policies
and the administration of district programs. Lompoc Unified
School District (3/17/77) EERB Decision No. 13, at 20-21. 2
1Educational Employment Relations Act is codified at
Government Code section 3540 et seq. All statutory references
are to the Government Code unless otherwise noted. 	Section
3540.1 (g) reads:
"Management employee" means any employee in
a position having significant
responsibilities for formulating district
policies or administering district
programs. Management positions shall be
designated by the public school employer
subject to review by the Educational
Employment Relations Board.
2prior to July 1, 1978, PERB was known as the Educational
Employment Relations Board (EERB) .
The two-prong test was deemed necessary to reconcile the
fact that supervisorial employees also have significant
responsibility for administering school policy yet are
expressly authorized to organize representation units and
engage in good-faith negotiations, a right denied managerial
employees .
2

The
	"formulating 	of
	district
	policies"
	entails
	the
discretionary 	authority
	to
	develop 	or
	modify
	institutional
goals
	and
	priorities.
	The
	"administering 	of
	programs"
	involves
the
	authority
	to
	implement
	district
	policies
	through
	the
exercise
	of 	independent
	judgment.
	Hartnell
	Community
	College
District
	(1/2/79)
	PERB
	Decison
	No.
	81,
	at
	13.
The
	hearing
	officer
	found
	that
	the
	affirmative 	action
purchasing
	manager
	is
	responsible
	for
	planning,
	implementing
and
	managing
	the
	District's
	affirmative 	action
	purchasing
program.
	The
	Association 	excepts 	to
	the 	hearing
	officer's
finding
	that
	the
	affirmative 	action
	purchasing
	manager
possessed
	discretionary 	authority 	to
	formulate 	the
	District's
affirmative 	action
	purchasing
	policy.
The
	record
	indicates 	that
	the 	primary
	responsibility
	of 	the
affirmative 	action
	purchasing
	manager
	is
	to
	meet
	with
	members
of
	the 	minority 	business
	community 	and
	inform
	them
	of 	the
District's
	affirmative 	action
	purchasing
	program.
	He
	plans
	and
organizes 	trade
	fairs
	and
	training
	programs
	for 	minority
vendors.
	He
	monitors 	the
	amount
	of
	District
	funds
	that
	go
	to
the 	purchase 	of
	minority 	services
	and
	reports 	his 	findings 	to
the
	District's
	affirmative 	action 	purchasing 	advisory
3
The "formulating of district policies" entails the
discretionary authority to develop or modify institutional
goals and priorities. The "administering of programs" involves
the authority to implement district policies through the
exercise of independent judgment. Hartnell Community College
District (1/2/79) PERB Decison No. 81, at 13.
The hearing officer found that the affirmative action
purchasing manager is responsible for planning, implementing
and managing the District's affirmative action purchasing
program. 	The Association excepts to the hearing officer's
finding that the affirmative action purchasing manager
possessed discretionary authority to formulate the District's
affirmative action purchasing policy.
The record indicates that the primary responsibility of the
affirmative action purchasing manager is to meet with members
of the minority business community and inform them of the
District's affirmative action purchasing program. He plans and
organizes trade fairs and training programs for minority
vendors. He monitors the amount of District funds that go to
the purchase of minority services and reports his findings to
the District's affirmative action purchasing advisory
3

committee.
	He
	trains
departmental
	personnel
	in
	the
	area
	of
affirmative 	action
	purchasing.
	On
	this
	basis,
	the 	hearing
officer 	correctly
	concluded
	that
	the
	affirmative 	action
purchasing
	manager
	possesses
	authority
	to 	implement
	the
District's
	affirmative 	action
	purctiasing
	program
	through
	the
exercise 	of
	independent
	judgment.
However,
	there
	is
	insufficient
	evidence 	to
	establish
	that
the
	incumbent
	possesses
	a
is
ere
tiona
ry
	authority
	to
	develop
	or
formulate
	District
	policy.
	On
	the
	contrary,
	the 	evidence
strongly 	indicates 	that
	the
	District's
	affirmative 	action
purchasing
	policy
	is 	set
	out
	in
	an
	administrative
	bulletin
prepared
	by
	the
	District's
	board
	of 	education
	that
	the
affirmative 	action
	purchasing
	manager
	has
	no
	authority
	to
modify.
	Similarly,
	while
	the
	incumbent
	testified
	that
	he
"manage[s]
	and
	implement[s]
	a
	District-wide 	policy,"
	he
	stated
that
	he
	has
	"never
	been
	called
	upon
	to
	develop 	one." 	Although
the
	record
	indicates 	that
	the 	affirmative 	action
	purchasing
manager
	was
	responsible
	for
	the 	drafting
	of
	a
	minority
	and
female
	subcontracting 	clause 	to	
be	
included 	in
	District
purchasing
	contracts,
	he
	testified 	that
	the
	language 	would 	have
to
	be
	approved 	by 	four
	levels
	of 	supervisors.
	When
	asked
whether 	he 	had
	the 	discretion
	to 	deviate
	from
	established
policy
	on 	an
	individual 	basis, 	he
	responded
	that
	he
	"couldn't
see
	a
	situation 	like 	that 	right
	now.
11
	Hence,
	there 	is
	no
indication 	that
	the 	incumbent has 	the 	"discretion 	in 	the
4
committee. He trains departmental personnel in the area of
affirmative action purchasing. On this basis, the hearing
officer correctly concluded that the affirmative action
purchasing manager possesses authority to implement the
District's affirmative action purchasing program through the
exercise of independent judgment.
However, there is insufficient evidence to establish that
the incumbent possesses discretionary authority to develop or
formulate District policy. On the contrary, the evidence
strongly indicates that the District's affirmative action
purchasing policy is set out in an administrative bulletin
prepared by the District's board of education that the
affirmative action purchasing manager has no authority to
modify. 	Similarly, while the incumbent testified that he
"manage [s] and implement[s] a District-wide policy, " he stated
that he has "never been called upon to develop one. " Although
the record indicates that the affirmative action purchasing
manager was responsible for the drafting of a minority and
female subcontracting clause to be included in District
purchasing contracts, he testified that the language would have
to be approved by four levels of supervisors. 	When asked
whether he had the discretion to deviate from established
policy on an individual basis, he responded that he "couldn't
see a situation like that right now. " Hence, there is no
indication that the incumbent has the "discretion in the

performance
	of
	[his]
	job
	beyond
	that
	which
	must 	conform
	to
[the] 	employer's
	established 	policy." 	Hartnell,
	supra,
	at
	13.
We
	conclude
	that
	the
	affirmative
	action
	purchasing
	manager
is
	not
	a 	management
	employee
	within
	the
	meaning
	of
	Government
Code
	section 	3540.l(g).
ORDER
Upon
	the 	foregoing
	decision
	and
	the
	entire
	record 	in
	this
case,
	the
	Public
	Employment
	Relations
	Board
	ORDERS
	that:
1.
	The
	proposed
	order 	of 	the 	hearing
	officer
	as
	modified
below
	is
	adopted 	as 	the 	order 	of 	the
	Board.
2.
	The
	affirmative 	action
	purchasing
	manager
	is
	not
	a
management
	employee
	within 	the
	meaning
	of
	Government 	Code
section
	3540.l(g)
	and
	is,
	therefore,
	included 	in 	the
	classified
wh
i
te
	co 11
ar
	un
it.
...
By:
VJohn
	w.
	Jaeger'
	m'ernber 	Q.ij'ck,
	Chairperson
Member
	Tovar's
	Concurrence 	and
	Dissent 	begins
	on
	page 	6.
5
performance of [his] job beyond that which must conform to
[the] employer's established policy." Hartnell, supra, at 13.
We conclude that the affirmative action purchasing manager
is not a management employee within the meaning of Government
Code section 3540.1(g) .
ORDER
Upon the foregoing decision and the entire record in this
case, the Public Employment Relations Board ORDERS that:
1. The proposed order of the hearing officer as modified
below is adopted as the order of the Board.
2 . 	The affirmative action purchasing manager is not a
management employee within the meaning of Government Code
section 3540.1(g) and is, therefore, included in the classified
white collar unit.
By : John W. Jaeger , Member 	Harry Gluck, Chairperson
Member Tovar's Concurrence and Dissent begins on page 6.

Member
	Tovar,
	concurring
	and
	dissenting
	in
	part:
I
	concur
	in
	all
	aspects
	of
	the
	decision
	except 	the
conclusion
	that
	the
	affirmative 	action
	purchasing
	manager
	is
not
	a
	managerial
	employee.
	I
	would
	affirm
	the
	hearing
officer's
	conclusion
	that
	he
	is
	a
	manager.
	In
	my
	view,
	the
definition
	of
	management
	employee
	is
	applied
	by
	the
	majority
too 	narrowly
	and
	too
	rigidly.
	It
	is
	undisputed
	that
	the
affirmative
	action
	purchasing
	manager
	has
	significant
responsibilities
	for
	administering
	the
	affirmative 	action
purchasing
	program
	in
	one
	of
	the
	largest
	and
	most
	important
school
	districts
	in
	California.
	Clearly
	this
	employee
	also
	has
a
	significant
	role
	in
	policy
	development.
	The
	majority
	would
decline
	to 	find
	him
	a
	manager, 	however,
	unless
	it
	can
	also
	be
demonstrated
	that
	he
	possesses
	discretion
	to
	go 	beyond
established
	board
	policy.
In
	reality,
	not
	all
	members
	of
	a
	management 	team
	have
responsibilities
	for 	both
	administration
	and
	policy 	formulation
to 	the
	same
	degree.
	Some
	executive 	functions
	may
	involve
largely
	planning
	responsibilities,
	while
	others
	may
	emphasize
responsibility
	for 	the 	implementation 	of
	policies
	and
programs.
	The
	Board
	should 	avoid
	literal
	definition
	and
	overly
strict
	application 	of 	the 	terms
	"formulate"
	and
	"administer."
These 	are 	not,
	after 	all,
	entirely 	discrete 	functions.
	The
focus 	should
	be 	on 	whether 	the 	employee
	is 	central
	in 	the
process 	of 	developing
	and
	carrying 	out
	management
	decisions.
6
Member Tovar, concurring and dissenting in part:
I concur in all aspects of the decision except the
conclusion that the affirmative action purchasing manager is
not a managerial employee. I would affirm the hearing
officer's conclusion that he is a manager. In my view, the
definition of management employee is applied by the majority
too narrowly and too rigidly. It is undisputed that the
affirmative action purchasing manager has significant
responsibilities for administering the affirmative action
purchasing program in one of the largest and most important
school districts in California. Clearly this employee also has
a significant role in policy development. The majority would
decline to find him a manager, however, unless it can also be
demonstrated that he possesses discretion to go beyond
established board policy.
In reality, not all members of a management team have
responsibilities for both administration and policy formulation
to the same degree. Some executive functions may involve
largely planning responsibilities, while others may emphasize
responsibility for the implementation of policies and
programs. The Board should avoid literal definition and overly
strict application of the terms "formulate" and "administer."
These are not, after all, entirely discrete functions. 	The
focus should be on whether the employee is central in the
process of developing and carrying out management decisions.

In
	this
	inquiry,
	both
	program
	formulation
	ana
	administration
responsibilities
	of
	the
	employee
	in 	question 	are
	necessarily
examined.
	However,
	this
	dual 	focus 	should 	not
	be
	read
	to
create
	a
	rigid
	two-prong
	test
	under
	which 	an 	employee
	must
strictly
	satisfy
	both
	criteria
	in
	order
	to
	be
	determined
	to
	be
a
	manager.
As
	the
	National
	Labor
	Relations
	Board 	has
	noted,
"managerial
	status
	is
	not
	conferred
	upon
	rank
	and
	file
	workers
or
	upon
	those
	who
	perform
	routinely,
	but
	rather
	it
	is
	reserved
for 	those 	in 	executive
	type
	positions,
	those
	who
	are
	closely
aligned
	with
	management
	as
	true 	representatives
	of
management."
	Bell
	Aerospace,
	A
Division
	of 	Textron,
	Inc.
(1975)
	219
	NLRB
	384 	[89
	LRRM
	1664],
	citing
	General
	Dynamics
Corporation,
	Convair 	Aerospace
	Division,
	San 	Diego
	Operations
(1974)
	213
	NLRB
	851 	[87
	LRRM
	1705].
The
	majority 	opinion
	seems
	to
	suggest
	that
	a
	manager
	is
	one
who
	has
	authority 	to 	deviate
	from
	established 	policy,
	and
	that
the
	District
	has
	failed
	to
	prove
	that
	he
	has
	actually 	exercised
such
	authority.
	I
	do
	not 	consider
	such
	discretion 	necessary,
or
	even
	desirable
	for
	a
	manager
	to 	possess. 	Especially
	where
	a
manager
	contributes 	significantly 	to 	the 	formulation 	of
District
	policy, 	the 	policy
	should 	guide
	his
	implementation 	of
the
	program.
	The
	exercise 	of 	authority 	in 	the
	interest
	of
	the
employer 	should 	not
	be
	equated 	with
	a
	license 	to 	deviate
	from
established 	policy.
7
In this inquiry, both program formulation and administration
responsibilities of the employee in question are necessarily
examined . 	However , this dual focus should not be read to
create a rigid two-prong test under which an employee must
strictly satisfy both criteria in order to be determined to be
a manager .
As the National Labor Relations Board has noted,
"managerial status is not conferred upon rank and file workers
or upon those who perform routinely, but rather it is reserved
for those in executive type positions, those who are closely
aligned with management as true representatives of
management . " 	Bell Aerospace, A Division of Textron, Inc.
(1975) 219 NLRB 384 [89 LRRM 1664], citing General Dynamics
Corporation, Convair Aerospace Division, San Diego Operations
(1974) 213 NLRB 851 [87 LRRM 1705] .
The majority opinion seems to suggest that a manager is one
who has authority to deviate from established policy, and that
the District has failed to prove that he has actually exercised
such authority. I do not consider such discretion necessary,
or even desirable for a manager to possess. Especially where a
manager contributes significantly to the formulation of
District policy, the policy should guide his implementation of
the program. The exercise of authority in the interest of the
employer should not be equated with a license to deviate from
established policy.
7

In
	my
	view,
	the
	affirmative
	action
	purchasing
	manager
	is
clearly
	a 	member
	of
	the
	management
	team 	and
	not
	a
	rank
	and
	file
employee.
	He
	is
	a 	member
	of
	the
	affirmative 	action
	purchasing
committee
	which
	develops
	policy
	in
	this
	area 	for
	the
	District.
As
	program 	manager,
	he
	is
	the
	key
	employee
	for
	this 	affirmative
action
	purchasing
	program. 	In
	this
	capacity
	he
	functions 	with
considerable
	independence
	although,
	of 	course,
	he
	works
closely
	with
	top
	executives
	of
	the
	District
	who
	have
	broader,
general
	responsibilities.
	At
	the
	hearing,
	the
	Association 	did
not
	present
	evidence 	to 	prove
	that
	the
	affirmative 	action
purchasing
	manager
	was
	not
	a 	management
	employee.
	On
	the
	other
hand,
	credible
	evidence
	was
	presented 	in 	support 	of
	his
management
	status.
	The
	affirmative 	action
	purchasing
	manager
himself
	testified
	that
	he
	regarded 	himself 	as
	a
	manager
	and
that
	he
	did,
	in
	fact,
	manage 	and
	implement
	District
	policy.
The
	evidence
	presented
	is
	sufficient,
	in
	my
	view,
	to
	support
	a
finding 	that
	the
	affirmative 	action
	purchasing
	manager
	is
	a
management
	employee,
	and 	I 	would 	so
	find.
By:
	Irene
	Tovar,
	Member
8
In my view, the affirmative action purchasing manager is
clearly a member of the management team and not a rank and file
employee. He is a member of the affirmative action purchasing
committee which develops policy in this area for the District.
As program manager, he is the key employee for this affirmative
action purchasing program. In this capacity he functions with
considerable independence although, of course, he works
closely with top executives of the District who have broader,
general responsibilities. At the hearing, the Association did
not present evidence to prove that the affirmative action
purchasing manager was not a management employee. On the other
hand, credible evidence was presented in support of his
management status. The affirmative action purchasing manager
himself testified that he regarded himself as a manager and
that he did, in fact, manage and implement District policy.
The evidence presented is sufficient, in my view, to support a
finding that the affirmative action purchasing manager is a
management employee, and I would so find.
By : Irene Tovar, Member
8

STATE OF 	CALIFORNIA
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
OAKLAND 	UNIFIED 	SCHOOL 	DISTRICT, 	)
)
Employer, 	)
)
and 	)
)
OAKLAND 	SCHOOL 	EMPLOYEES 	ASSOCIATION,)
)
Employee 	Organization. 	)
____________________ )
Representation Case
Nos. 	SF-UM-101,
SF-UM-109
PROPOSED 	DECISION
(1/15/81)
Appearances: 	Sandra Woliver, 	Assistant 	Legal 	Advisor, 	for
Oakland 	Unified 	School 	District; 	Michael 	Sorgen, 	Legal 	Advisor,
for 	Oakland 	Unified 	School 	District; 	Colleen 	Clancy, 	Attorney
(Sinclair 	and 	Clancy) 	for 	Oakland 	School 	Employees 	Association.
Before 	Joseph 	C. 	Basso, 	Hearing 	Officer.
PROCEDURAL 	HISTORY
The 	Oakland 	Unified 	School 	District 	and 	the 	Oakland
School 	Employees 	Association 	refer 	to 	the 	unit 	as 	the 	white
collar 	unit. 	(Representation 	case 	file 	number 	is 	SF-R-258-C.)
2nuring 	the 	course 	of 	the 	hearing 	the 	District 	informed
the 	hearing 	officer 	that 	the 	job 	title 	of 	the 	Secretary 	to 	the
STATE OF CALIFORNIA
PUBLIC EMPLOYMENT RELATIONS BOARD
OAKLAND UNIFIED SCHOOL DISTRICT,
Employer ,
and
OAKLAND SCHOOL EMPLOYEES ASSOCIATION, )
Employee Organization.
Representation Case
Nos. SF-UM-101,
SF-UM-109
PROPOSED DECISION
(1/15/81)
Appearances: Sandra Woliver, Assistant Legal Advisor, for
Oakland Unified School District; Michael Sorgen, Legal Advisor,
for Oakland Unified School District; Colleen Clancy, Attorney
(Sinclair and Clancy) for Oakland School Employees Association.
Before Joseph C. Basso, Hearing Officer.
PROCEDURAL HISTORY
On 	November 	2, 	1979, 	the 	Oakland 	Unified 	School 	District
(hereinafter 	District) 	filed 	a 	petition 	for 	unit 	modification
in 	the 	classified 	white 	collar 	unit. 1 	The 	petition 	requests
that 	the 	Secretary 	to 	the 	Coordinator 	of 	Student 	Services, 	the
two 	Personnel 	Interviewers 	of 	the 	Classified 	Personnel 	Office
be 	designated 	supervisory 	and 	that 	the 	Administrative
Secretary, 	School 	Facilities 	be 	designated 	confidential.2
On November 2, 1979, the Oakland Unified School District
(hereinafter District) filed a petition for unit modification
in the classified white collar unit. The petition requests
that the Secretary to the Coordinator of Student Services, the
two Personnel Interviewers of the Classified Personnel Office
be designated supervisory and that the Administrative
Secretary, School Facilities be designated confidential. 2
lThe Oakland Unified School District and the Oakland
School Employees Association refer to the unit as the white
collar unit. 	(Representation case file number is SF-R-258-C.)
2During the course of the hearing the District informed
the hearing officer that the job title of the Secretary to the

On
	December
	14,
	1979,
	the
	Oakland 	School
	Employees
Association
	(hereinafter
	Association)
	filed
	a
	petition
	for
	unit
modification 	requesting 	the
	addition
	of
	seven
	positions 	to
	the
established
	classified
	white
	collar
	unit.
On
	December
	3, 	1979,
	the 	Association
	responded
	to 	the
District's
	petition
	by
	opposing
	all
	the
	District's
	designations
of
	the
	four
	employees
	in
	their 	petition.
On
	January 	14,
	1980,
	the
	District
	responded
	to 	the
Association's
	petition
	by
	opposing
	the
	addition
	of 	the 	seven
positions 	into
	the 	white
	collar 	unit.
	A
formal
	hearing
	was
held
	on
	July
	30, 	1980.
	The
	Association's
	brief
	was
	filed
	with
PERB
	on November
	10,
	1980.
	The
	District's
	brief
	was
	filed
	with
PERB
	on 	November
	12, 	1980. 
ISSUES
1.
	Whether
	the 	following
	positions 	are 	supervisory
	and
excluded
	from
	the
	classified
	white
	collar 	unit
	on
	that 	basis:
a. 	Supervising 	Typist 	Clerk/Student 	Services;
b. 	Workers' 	Compensation Claims
	Supervisor;
Coordinator 	of 	Student 	Services
	had 	been 	changed
	to 	the
Supervising 	Typist 	Clerk 	Student 	Services.
3The
	petition
	requests 	that
	the 	positions
	of
	AssistantDirector 	of
	Community
	Relations,
	Workers' 	Compensation 	Program
Supervisor, 	Affirmative 	Action 	Purchasing 	Manager,
Administrative 	Secretary/Buildings
	and 	Grounds,
	Administrative
Secretary/Department 	of 	Learning, 	Confidential 	Secretary/
Classified 	Personnel
	and
	the 	Supervising 	Typist 	Clerk/Budget
	be
added 	to 	the 	established 	white
	collar 	unit.
2
On December 14, 1979, the Oakland School Employees
Association (hereinafter Association) filed a petition for unit
modification requesting the addition of seven positions to the
established classified white collar unit. 3	
3
On December 3, 1979, the Association responded to the
District's petition by opposing all the District's designations
of the four employees in their petition.
On January 14, 1980, the District responded to the
Association's petition by opposing the addition of the seven
positions into the white collar unit. A formal hearing was
held on July 30, 1980. The Association's brief was filed with
PERB on November 10, 1980. The District's brief was filed with
PERB on November 12, 1980.
ISSUES
1 . 	Whether the following positions are supervisory and
excluded from the classified white collar unit on that basis:
a . 	Supervising Typist Clerk/Student Services;
b . 	Workers' Compensation Claims Supervisor;
Coordinator of Student Services had been changed to the
Supervising Typist Clerk of Student Services.
3The petition requests that the positions of Assistant
Director of Community Relations, Workers' Compensation Program
Supervisor, Affirmative Action Purchasing Manager,
Administrative Secretary/Buildings and Grounds, Administrative
Secretary/Department of Learning, Confidential Secretary/
Classified Personnel and the Supervising Typist Clerk/Budget be
added to the established white collar unit.

c. 	Personnel 	Interviewers, 	Classified 	Personnel
Office;
d. 	Assistant 	Director 	of 	Community 	Relations;
e. 	Administrative 	Secretary/School 	Facilities.
2. 	Whether 	the 	following 	positions 	are 	confidential 	and
excluded 	from 	the 	classified 	white 	collar 	unit 	on 	that 	basis:
a. 	Supervising 	Typist 	Clerk/Budget
b. 	Administrative 	Secretary/Department 	of 	Learning
3. 	Whether 	the 	following 	position 	is 	management 	and
excluded 	from 	the 	classified 	white 	collar 	unit 	on 	that 	basis:
a. 	Affirmative 	Action 	Purchasing Manager
FINDINGS 	OF 	FACT AND 	CONCLUSIONS 	OF 	LAW
During 	the 	course 	of 	the 	administrative 	hearing 	in 	this
matter 	the 	District 	and 	the 	Association 	stipulated 	as
"confidential" 	the 	following 	employees: 	Confidential
Secretary/Classified 	Personnel; 	Administrative
Secretary/Buildings 	and 	Grounds.
4 1980 	California 	Public 	School 	Directory 	at 	pp. 	63-69.
3
c. 	Personnel Interviewers, Classified Personnel
Office;
a. 	Assistant Director of Community Relations;
e . 	Administrative Secretary/School Facilities.
2. 	Whether the following positions are confidential and
excluded from the classified white collar unit on that basis:
a . 	Supervising Typist Clerk/Budget
b . 	Administrative Secretary/Department of Learning
3. 	Whether the following position is management and
excluded from the classified white collar unit on that basis:
a. 	Affirmative Action Purchasing Manager
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The 	Oakland 	Unified 	School 	District 	is 	located 	in 	Alameda
County. 	The 	District 	has 	64 	elementary 	schools, 	13 	junior 	high
schools, 	3 	middle 	schools, 	10 	high 	schools 	and 	7 	special
schools. 4 	There 	are 	approximately 	3,900 	classified 	employees
in 	the 	District.
The Oakland Unified School District is located in Alameda
County. The District has 64 elementary schools, 13 junior high
schools, 3 middle schools, 10 high schools and 7 special
schools. " There are approximately 3,900 classified employees
in the District.
During the course of the administrative hearing in this
matter the District and the Association stipulated as
"confidential" the following employees: Confidential
Secretary/Classified Personnel; Administrative
Secretary/Buildings and Grounds.
41980 California Public School Directory at pp. 63-69.
W

The
	facts
	in 	the 	record
	substantiate 	that
	the
	Confidential
Secretary/Classified
	Personnel
	and
	the 	Administrative
Secretary/Buildings
	and 	Grounds
	perform
	the
	duties
	as
	indicated
in
	Government
	Code
	section 	3540.l(c).
Supervisory
	Issues
Section
	3540.l(m)
	of 	the
	EERA
	defines
	a
	supervisory
employee
	as
	follows:
...
	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.
Section
	3540.l(m)
	is
	written 	in 	the
	disjunctive; 	therefore,
an 	employee 	need
	possess 	only
	one
	of 	the
	enumerated
	supervisory
duties,
	or 	the
	effective
	power
	to
	recommend
	such
	action
	through
the
	use
	of 	independent 	judgment.
Personnel 	Interviewers
	(2)
There
	are 	nine
	classified
	bargaining
	units
	in 	the
District.
	The
	Classified
	Personnel 	Office
	is
	organized
	on
	the
basis
	of 	the 	contract 	for 	the
	classified
	bargaining
	units.
	The
employees 	in 	the 	Classified 	Personnel 	Office 	handle 	absence
5
Sweetwater 	Union 	High 	School
	District 	(11/23/76)
EERB
	Decision 	No. 	4
	at 	p. 	12.
4
The facts in the record substantiate that the Confidential
Secretary/Classified Personnel and the Administrative
Secretary/Buildings and Grounds perform the duties as indicated
in Government Code section 3540.1(c).
Supervisory Issues
Section 3540.1 (m) of the EERA defines a supervisory
employee as follows:
. 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.
Section 3540.1(m) is written in the disjunctive; therefore,
an employee need possess only one of the enumerated supervisory
duties, or the effective power to recommend such action through
the use of independent judgment. 5
5
Personnel Interviewers (2)
There are nine classified bargaining units in the
District. The Classified Personnel Office is organized on the
basis of the contract for the classified bargaining units. The
employees in the Classified Personnel Office handle absence
5
Sweetwater Union High School District (11/23/76)
EERB Decision No. 4 at p. 12.

forms,
	notice
	of
	employment
	forms,
	assigning 	of
	substitute
aides
	to
	the
	childrens' 	centers
	and
	interviews
	of
	prospective
employees
	for
	classified
	positions
	in 	the
	District.
The
	Personnel
	Interviewers 	are
	assigned
	to
	the
	Classified
Personnel
	Office.
	The
	Classified
	Personnel
	Office
	is
administered
	by 	a
	Director
	of
	Classified
	Personnel,
Ms.
	Loma
	Reno. 	The
	Classified
	Personnel
	Office
	employs 	14
employees.
The
	Director
	formulates
	District
	policy, 	serves
	as
	a 	member
of 	the
	negotiating
	team,
	ensures
	that
	all
	personnel
	practices
are 	carried
	out
	and
	evaluates 	the
	Secretary
	and
	Personnel
Assistant
	and
	reviews
	all
	other 	evaluations 	of
	employees
	in 	the
office.
The
	Personnel
	Assistant
	is
	responsible 	for 	supervising 	the
Personnel 	Interviewers, 	the 	Personnel 	Clerk,
	two
	Senior 	Clerk
Typists
	and 	one
	Clerk
	Typist.
	She
	is
	authorized 	to 	sign
	all
written
	documents,
	research 	grievances,
	make
	recommendations
for
	District
	policy
	and
	serve 	as
	a
	substitute
	for 	the 	Director
of 	Classified
	Personnel
	on
	the
	management's
	negotiating
	team.
According
	to 	the 	Association, 	the
	District 	petitioned 	to
designate 	the 	Personnel 	Interviewers
	as
	supervisors
	on
	the
ground
	that
	the 	Classified
	Personnel 	Office
	had 	been
reorganized
	and
	that 	the 	Personnel 	Interviewers 	are
	now
supervising
	a
	staff
	of
	clerical
	employees. 	The
	Association
maintains 	that 	these 	employees 	were 	designated 	supervisory
	and
5
forms, notice of employment forms, assigning of substitute
aides to the childrens' centers and interviews of prospective
employees for classified positions in the District.
The Personnel Interviewers are assigned to the Classified
Personnel Office. The Classified Personnel Office is
administered by a Director of Classified Personnel,
Ms. Loma Reno. The Classified Personnel Office employs 14
employees.
The Director formulates District policy, serves as a member
of the negotiating team, ensures that all personnel practices
are carried out and evaluates the Secretary and Personnel
Assistant and reviews all other evaluations of employees in the
office.
The Personnel Assistant is responsible for supervising the
Personnel Interviewers, the Personnel Clerk, two Senior Clerk
Typists and one Clerk Typist. She is authorized to sign all
written documents, research grievances, make recommendations
for District policy and serve as a substitute for the Director
of Classified Personnel on the management's negotiating team.
According to the Association, the District petitioned to
designate the Personnel Interviewers as supervisors on the
ground that the Classified Personnel Office had been
reorganized and that the Personnel Interviewers are now
supervising a staff of clerical employees. The Association
maintains that these employees were designated supervisory and

that
	the
	reorganization
	of 	the
	Classified
	Personnel
	Office
	was
necessitated
	to
	exempt
	these
	employees
	from
	the
	unit.
The
	District
	maintains
	that
	the 	Personnel
	Interviewers'
supervisory
	duties
	were
	not
	clearly
	defined
	prior 	to
October
	1979. 	According
	to 	the
	District,
	the
	reorganization
now
	clearly
	defines
	the
	duties
	and
	responsibilities
	of
	the
Personnel
	Interviewers.
The
	Personnel
	Interviewers 	interview
	District
	applicants
for
	employment,
	transfer
	and
	promotion.
	They
	select 	substitute
and
	temporary
	employees
	and
	assign
	them
	to 	administrators.
They
	assign
	work 	and
	set
	priorities
	for 	the
	clerks
	in 	the
Classified
	Personnel
	Office.
	The
	Personnel
	Interviewers
	do
make
	effective
	recommendations
	for
	disciplinary
	action
	and
resolve
	problems
	at
	the 	informal
	level.
	They
	can
	recommend
	the
retention
	or
	release
	of 	subordinates.
	They 	have
	the
	authority
to 	effectively
	recommend
	the
	hiring
	of
	subordinates.
Ms.
	Carolyn
	Young,
	Personnel
	Interviewer, 	hired
	both 	of 	the
clerical
	people
	under 	her
	supervision.
The
	Personnel 	Interviewers 	are
	on 	a
	classified
	supervisory
salary
	schedule.
	The
	supervisory 	salary
	schedule
	is
	based
	on
an
	eight
	hour 	day.
	The 	rank 	and
	file
	salary 	schedule
	is
	based
on 	a
	seven
	and
	one-half
	hour 	day. 	There
	is
	no
	other
distinction
	between 	the 	supervisors' 	salary 	schedule 	and
	the
rank
	and
	file 	salary 	schedule.
6
that the reorganization of the Classified Personnel Office was
necessitated to exempt these employees from the unit.
The District maintains that the Personnel Interviewers'
supervisory duties were not clearly defined prior to
October 1979. According to the District, the reorganization
now clearly defines the duties and responsibilities of the
Personnel Interviewers.
The Personnel Interviewers interview District applicants
for employment, transfer and promotion. They select substitute
and temporary employees and assign them to administrators.
They assign work and set priorities for the clerks in the
Classified Personnel Office. The Personnel Interviewers do
make effective recommendations for disciplinary action and
resolve problems at the informal level. They can recommend the
retention or release of subordinates. They have the authority
to effectively recommend the hiring of subordinates.
Ms. Carolyn Young, Personnel Interviewer, hired both of the
clerical people under her supervision.
The Personnel Interviewers are on a classified supervisory
salary schedule. The supervisory salary schedule is based on
an eight hour day. The rank and file salary schedule is based
on a seven and one-half hour day. There is no other
distinction between the supervisors' salary schedule and the
rank and file salary schedule.
6

They
	formally 	evaluate
	each
	probationary
	employee
	under
their
	direction.
	The
	evaluation
	report
	includes
	a
recommendation
	on
	whether
	they
	be
	terminated
	or
	designated
	as
permanent 	employees.
	The
	evaluation
	form
	is
	completed	
by 	the
Personnel 	Interviewer
	and
	reviewed
	by
	the
	Director
	of
Classified
	Personnel.
Since 	Personnel
	Interviewers 	possess
	several
	of 	the
supervisory
	indicia
	enumerated
	in
	section
	3540.l(rn),
	it
	is
found
	that
	they
	are 	supervisors 	within 	the
	meaning
	of
	the
	EERA.
Supervising 	Typist 	Clerk/Student 	Services
The
	Student 	Services 	Division
	consists
	of
	Lottie
	Lovett,
supervisor 	of
	counseling
	and
	financial 	aid;
	Torn
	Tryon,
supervisor 	of 	attendance
	and
	boundaries 	in 	the 	truancy
reduction
	program; 	John
	Paul
	Schreter, 	supervisor 	of 	the
psychologists;
	June 	Anderson,
	supervisor 	of 	the
	Oakland
scholars
	and
	achievers
	program;
	and
	Beverly Schroder,
consultant
	for 	pupil 	services.
	There
	are 	five 	clerks 	in 	the
Student 	Services 	Division.
The
	Supervising 	Typist 	Clerk/Student 	Services 	schedules
	and
assigns
	work
	to 	the
	clerks 	in 	the 	Student 	Services 	Division.
She
	schedules 	break 	times
	and
	lunch
	periods.
	She
	also
schedules 	vacation 	periods 	of 	the
	clerks.
	The
	Supervising
Typist 	Clerk/Student 	Services 	adjusts
	employee
	grievances
	and
recommends
	disciplinary 	action 	regarding 	the 	clerks 	in 	the
office.
7
They formally evaluate each probationary employee under
their direction. 	The evaluation report includes a
recommendation on whether they be terminated or designated as
permanent employees. 	The evaluation form is completed by the
Personnel Interviewer and reviewed by the Director of
Classified Personnel.
Since Personnel Interviewers possess several of the
supervisory indicia enumerated in section 3540.1(m) , it is
found that they are supervisors within the meaning of the EERA.
Supervising Typist Clerk/Student Services
The Student Services Division consists of Lottie Lovett,
supervisor of counseling and financial aid; Tom Tryon,
supervisor of attendance and boundaries in the truancy
reduction program; John Paul Schreter, supervisor of the
psychologists; June Anderson, supervisor of the Oakland
scholars and achievers program; and Beverly Schroder,
consultant for pupil services. There are five clerks in the
Student Services Division.
The Supervising Typist Clerk/Student Services schedules and
assigns work to the clerks in the Student Services Division.
She schedules break times and lunch periods. She also
schedules vacation periods of the clerks. The Supervising
Typist Clerk/Student Services adjusts employee grievances and
recommends disciplinary action regarding the clerks in the
office.

The
	Supervising 	Typist 	Clerk/Student 	Services 	interviewed
	a
prospective
	employee
	for
	a
	Typist
	Clerk
	position
	in 	the
Psychologists 	Division.
	She
	uses 	independent
	judgment
	as
	to
whether
	or 	not 	the
	applicants
	are
	qualified
	for 	the
	position.
She
	has
	the
	authority
	and
	responsibility
	to
	monitor
	the
workload
	in
	the
	department.
	She
	also
	has
	the
	authority 	to
redistribute
	the
	workload
	of 	the
	clerks
	in
	the 	department.
She
	has
	the
	responsibility
	of 	assigning
	work,
	break 	times
and
	lunch 	times
	for
	temporary
	employees
	(Kelly
	Girls) 	in 	the
office.
	She
	can
	also
	effectively
	recommend
	that
	they
	be
rehired
	or
	not
	rehired.
The
	Supervising 	Typist 	Clerk/Student 	Services
	works 	an
eight
	hour 	day
	as
	compared
	to
	a
	seven
	and
	one-half
	hour 	day
	for
the
	rank
	and
	file
	employees.
She
	spends
	50
	percent 	of 	her
	time
	supervising 	the
	clerks
	in
the 	Student 	Services 	Office.
Since 	the 	Supervising 	Typist 	Clerk/Student 	Services
possesses 	several
	of 	the 	supervisory
	indicia
	enumerated
	in
section
	3540.l(m),
	it
	is
	found
	that
	the 	Supervising 	Typist
Clerk/Student 	Services
	is
	a
	supervisor 	within 	the
	meaning
	of
the
	EERA.
Assistant 	Director 	of
	Community
	Relations
The 	Department 	of
	Community
	Relations 	interprets
	the
	work
of 	the 	schools 	to 	the
	community 	and
	interprets 	the 	community's
needs 	and 	wishes 	to 	the
	District.
	The 	Department 	of
	Community
8
The Supervising Typist Clerk/Student Services interviewed a
prospective employee for a Typist Clerk position in the
Psychologists Division. She uses independent judgment as to
whether or not the applicants are qualified for the position.
She has the authority and responsibility to monitor the
workload in the department. She also has the authority to
redistribute the workload of the clerks in the department.
She has the responsibility of assigning work, break times
and lunch times for temporary employees (Kelly Girls) in the
office. 	She can also effectively recommend that they be
rehired or not rehired.
The Supervising Typist Clerk/Student Services works an
eight hour day as compared to a seven and one-half hour day for
the rank and file employees.
She spends 50 percent of her time supervising the clerks in
the Student Services Office.
Since the Supervising Typist Clerk/Student Services
possesses several of the supervisory indicia enumerated in
section 3540.1 (m) , it is found that the Supervising Typist
Clerk/Student Services is a supervisor within the meaning of
the EERA.
Assistant Director of Community Relations
The Department of Community Relations interprets the work
of the schools to the community and interprets the community's
needs and wishes to the District. The Department of Community
Co

Relations
	serves
	as
	an
	intermediary
	between
	the
	District
	and
the
	community.
Ms.
	Electra 	Price
	is
	the
	Director
	of
	Community
	Relations
for 	the
	District.
	She
	serves
	on
	the 	support
	staff
	of 	the
Superintendent.
	Her
	main
	function
	is
	to
	act
	as
	liaison
	between
the
	community 	and
	the
	superintendent.
	Ms.
	Price
	is
	the
supervisor
	of
	Ms.
	Barbara
	Whitman 	who
	is
	the
	Assistant 	Director
of
	Community
	Relations.
	The 	Community
	Relations
	Department
also 	consists
	of
	a
	Senior
	Secretary
	and 	two
	Clerk
	Typists.
The
	Assistant
	Director 	of
	Community
	Relations
	is
responsible
	for 	supervising 	the
	clerical 	staff
	of 	the
	office.
She
	assigns
	and
	reviews
	the
	work
	of 	the
	clerical 	staff.
	She
schedules 	vacation
	and
	leave
	time
	for 	the
	clerical 	staff.
	She
has
	interviewed 	prospective
	employees
	for
	one
	of 	the
	clerk
typist
	positions.
	Ms.
	Price
	and 	Ms. 	Whitman
	both 	agreed
	on
	who
to
	hire
	for 	the
	clerk
	typist 	position.
The
	Assistant 	Director
	of
	Community
	Relations
	has
	not
formally 	evaluated
	any 	employee
	in 	the
	office.
The
	Director
	spends 	approximately
	60-70
	percent 	of 	her
	time
out 	of 	the
	office.
	The
	Assistant 	Director 	of
	Community
Relations 	is
	responsible 	for 	the
	office
	during 	the 	absence 	of
the 	Director.
	The
	Director 	considers 	the 	position 	of 	Assistant
Director 	of
	Community
	Relations
	a
	supervisory 	position.
The
	Assistant 	Director 	of
	Community
	Relations 	is
	on
	the
supervisory 	salary 	schedule.
9
Relations serves as an intermediary between the District and
the community.
Ms. Electra Price is the Director of Community Relations
for the District. She serves on the support staff of the
Superintendent. Her main function is to act as liaison between
the community and the superintendent. Ms. Price is the
supervisor of Ms. Barbara Whitman who is the Assistant Director
of Community Relations. 	The Community Relations Department
also consists of a Senior Secretary and two Clerk Typists.
The Assistant Director of Community Relations is
responsible for supervising the clerical staff of the office.
She assigns and reviews the work of the clerical staff. 	She
schedules vacation and leave time for the clerical staff. s
has interviewed prospective employees for one of the clerk
typist positions. Ms. Price and Ms. Whitman both agreed on who
to hire for the clerk typist position.
The Assistant Director of Community Relations has not
formally evaluated any employee in the office.
The Director spends approximately 60-70 percent of her time
out of the office. The Assistant Director of Community
Relations is responsible for the office during the absence of
the Director. The Director considers the position of Assistant
Director of Community Relations a supervisory position.
The Assistant Director of Community Relations is on the
supervisory salary schedule.

Since
	the
	Assistant
	Director 	of
	Community
	Relations
possesses
	several
	of 	the 	supervisory
	indicia
	enumerated
	in
section
	3540.l(m),
	it
	is
	found
	that
	the
	Assistant 	Director 	of
Community
	Relations
	is
	a
	supervisor 	within 	the
	meaning
	of 	the
EERA.
Workers'
	Compensation Claims
	Supervisor
The
	Workers'
	Compensation 	Claims
	Supervisor
	works
	in
	the
Insurance
	Programs
	Office
	Department.
	The
	Insurance
	Programs
Office
	Department
	is
	responsible 	for 	the
	maintenance 	of
	records
and
	the
	administration
	of
	all
	claims 	for
	workers' 	compensation
benefits.
	Mr. 	George
	Mouchette
	is
	the
	Manager
	of 	the 	Insurance
Programs 	Department.
Mr. 	George 	Lowe,
	Workers' 	Compensation Claims
	Supervisor,
represents
	the
	Oakland
	Unified
	School
	District 	at
	the
	Workers'
Compensation Appeals 	Board
	hearings.
	Mr. 	Lowe
	has
	the
	sole
authority
	to 	carry	
out	
settlement 	negotiations
	with
	attorneys
and
	claimants 	regarding 	work-related 	accidents.
	There
	is
	a
Claims 	Examiner 	and 	two
	clerical
	employees
	in 	the 	department.
The
	Workers' 	Compensation Claims
	Supervisor
	has
	not 	hired
any 	employees
	in 	his
	department.
He
	has 	not
	participated
	in 	the
	resolution
	of
	any
	grievance
nor 	has 	he
	participated 	in 	the
	disciplining 	of
	any 	employee
	in
the 	department.
The 	Workers' 	Compensation Claims 	Supervisor
	is
	not 	aware 	of
any
	District 	policy 	regarding 	overtime 	in 	his 	department.
	He
10
Since the Assistant Director of Community Relations
possesses several of the supervisory indicia enumerated in
section 3540.1(m), it is found that the Assistant Director of
Community Relations is a supervisor within the meaning of the
EERA.
Workers' Compensation Claims Supervisor
The Workers' Compensation Claims Supervisor works in the
Insurance Programs Office Department. The Insurance Programs
Office Department is responsible for the maintenance of records
and the administration of all claims for workers' compensation
benefits. Mr. George Mouchette is the Manager of the Insurance
Programs Department.
Mr. George Lowe, Workers' Compensation Claims Supervisor,
represents the Oakland Unified School District at the Workers'
Compensation Appeals Board hearings. Mr. Lowe has the sole
authority to carry out settlement negotiations with attorneys
and claimants regarding work-related accidents. There is a
Claims Examiner and two clerical employees in the department.
The Workers' Compensation Claims Supervisor has not hired
any employees in his department.
He has not participated in the resolution of any grievance
nor has he participated in the disciplining of any employee in
the department.
The Workers' Compensation Claims Supervisor is not aware of
any District policy regarding overtime in his department. 	He
10

indicates 	that 	he 	is 	permitted 	to 	grant 	overtime 	to 	employees
in 	his 	office 	but 	doesn't 	believe 	that 	overtime 	is 	necessary 	in
the 	department.
He 	has 	not 	evaluated 	any 	employee 	in 	the 	office. 	The
employees 	in 	his 	office 	have 	been 	evaluated 	by 	the 	Manager 	and
the 	Claims 	Examiner.
He 	does 	not 	assign 	work 	on 	a 	regular 	basis 	to 	employees 	in
the 	office 	other 	than 	on 	a 	routine 	basis.
He 	is 	also 	somewhat 	confused 	about 	what 	the 	definition 	of 	a
supervisor 	is 	in 	his 	department. 	On 	direct 	examination 	he
testified:
Q. 	Um-huh. 	How much 	of 	your 	time 	do 	you
feel 	you 	spend 	at 	doing 	supervisory 	type
work?
A. 	What 	do 	you 	mean 	by 	super 	-- 	define 	it
please, 	because 	I 	really 	don't 	know 	what 	you
mean 	by 	that.
Q. 	Well, 	I 	understand 	you 	don't 	know 	what
I 	mean. 	I 	was 	getting 	more 	to 	what 	you
meant 	by 	it. 	You 	evidently 	feel 	that 	you 	do
supervisory 	work 	as 	well 	as 	doing 	actual
work 	as 	Workers 	Comp. 	specialist.
A. 	When 	you 	say 	supervisory 	duties, 	do 	you
mean 	stand 	over 	a 	person 	and 	make 	sure 	that
they 	get 	the 	work 	completed 	and 	--
Q. 	Yes.
A. 	-- 	me, 	myself, 	do 	nothing 	--
Q. 	Assigning 	work, 	evaluating 	employees,
fielding 	employee 	grievances, 	concerning
yourself 	with 	personnel 	matters 	in 	your
office 	as 	opposed 	to 	the 	Workers
Compensation 	--
A. 	That 	is 	a 	minuscule 	part 	of 	my 	job
duties. 	I 	feel 	that 	it's 	more
administrative, 	policy making, 	than 	anything
else.
11
indicates that he is permitted to grant overtime to employees
in his office but doesn't believe that overtime is necessary in
the department.
He has not evaluated any employee in the office. The
employees in his office have been evaluated by the Manager and
the Claims Examiner.
He does not assign work on a regular basis to employees in
the office other than on a routine basis.
He is also somewhat confused about what the definition of a
supervisor is in his department. On direct examination he
testified:
Q. 	Um-huh. 	How much of your time do you
feel you spend at doing supervisory type
work?
A. 	What do you mean by super -- define it
please, because I really don't know what you
mean by that.
Well, I understand you don't know what
I mean. 	I was getting more to what you
meant by it. You evidently feel that you do
supervisory work as well as doing actual
work as Workers Comp. specialist.
A. 	When you say supervisory duties, do you
mean stand over a person and make sure that
they get the work completed and --
Q. 	Yes .
A. 	-- me, myself, do nothing --
Q. 	Assigning work, evaluating employees,
fielding employee grievances, concerning
yourself with personnel matters in your
office as opposed to the Workers
Compensation --
A. 	That is a minuscule part of my job
duties. I feel that it's more
administrative, policy making, than anything
else.
11

The 	District 	has 	designated 	the Workers' 	Compensation
Claims 	Supervisor 	as 	supervisory. 	During 	the 	course 	of 	the
hearing 	an 	attempt 	was 	made 	by 	the 	District 	to 	elicit 	testimony
to 	indicate 	that 	the 	position may 	be 	a 	management 	position.
The 	record 	does 	not 	indicate 	that 	the 	Workers' 	Compensation
Claims 	Supervisor 	performs 	any 	of 	the 	responsibilities 	for
formulating 	District 	policies 	or 	administering 	District
programs 	as 	defined 	in 	Government 	Code 	section 	3540.l(g).
Since 	the 	Workers' 	Compensation 	Claims 	Supervisor 	does 	not
possess 	any 	of 	the 	supervisory 	indicia 	enumerated 	in
section 	3540.l(m), 	it 	is 	found 	that 	the 	Workers' 	Compensation
Claims 	Supervisor 	is 	not 	a 	supervisor 	within 	the 	meaning 	of 	the
EERA 	and 	is 	included 	in 	the 	classified 	white 	collar 	unit.
Administrative 	Secretary/School 	Facilities
At 	the 	hearing 	on August 	18, 	1980, 	the 	District 	amended 	its
unit 	modification 	petition 	to 	show 	that 	the 	Administrative
Secretary/School 	Facilities 	was 	a 	confidential 	position 	through
February 	1980 	and 	is 	a 	supervisory 	position 	thereafter.
The 	Administrative 	Secretary/School 	Facilities 	position 	is
in 	the 	Office 	of 	Capital 	Planning 	and 	School 	Construction. 	The
acting 	Senior 	Architect 	is 	the 	immediate 	supervisor 	of 	the
Administrative 	Secretary/School 	Facilities.
The 	Administrative 	Secretary/School 	Facilities 	interviews
prospective 	candidates 	for 	job 	vacancies 	in 	her 	office. 	She
12
The District has designated the Workers' Compensation
Claims Supervisor as supervisory. During the course of the
hearing an attempt was made by the District to elicit testimony
to indicate that the position may be a management position.
The record does not indicate that the Workers' Compensation
Claims Supervisor performs any of the responsibilities for
formulating District policies or administering District
programs as defined in Government Code section 3540.1(g) .
Since the Workers' Compensation Claims Supervisor does not
possess any of the supervisory indicia enumerated in
section 3540.1(m), it is found that the Workers' Compensation
Claims Supervisor is not a supervisor within the meaning of the
EERA and is included in the classified white collar unit.
Administrative Secretary/School Facilities
At the hearing on August 18, 1980, the District amended its
unit modification petition to show that the Administrative
Secretary/School Facilities was a confidential position through
February 1980 and is a supervisory position thereafter.
The Administrative Secretary/School Facilities position is
in the Office of Capital Planning and School Construction. The
acting Senior Architect is the immediate supervisor of the
Administrative Secretary/School Facilities.
The Administrative Secretary/School Facilities interviews
prospective candidates for job vacancies in her office. 	She
12

effectively 	recommends 	the 	hiring 	of 	employees 	in 	the 	School
Facilities 	Office.
She 	assigns 	work 	to 	the 	clerical 	staff 	in 	the 	office. 	She
schedules
office.
for 	the 	clerical 	employees 	in 	the
She 	has 	never 	formally 	evaluated 	a 	clerical 	employee 	under
her 	direction. 	No 	evaluation 	report 	was 	submitted 	as 	evidence
to 	indicate 	that 	she 	formally 	evaluates 	the 	clerical 	employees
in 	the 	office.
The 	Administrative 	Secretary/School 	Facilities 	does 	not
adjust 	grievances 	at 	the 	formal 	level 	but 	has 	participated 	in
reprimanding 	an 	employee 	on 	an 	informal 	level 	in 	the 	office.
Approximately 	70-80 	percent 	of 	her 	time 	is 	spent
supervising 	the 	clerical 	employees 	under 	her 	direction. 	She
works 	an 	eight 	hour 	day 	as 	compared 	to 	a 	seven 	and 	one-half
hour 	day 	for 	the 	rank 	and 	file 	employee 	in 	the 	white 	collar
unit.
The 	PERB 	itself 	has 	held:
6sweetwater 	Union 	High 	School 	District, 	supra, 	at 	p. 	12.
7san 	Diego Unified 	School 	District 	(2/18/77)
EERB 	Decision No. 	8 	at 	p. 	9.
13
effectively recommends the hiring of employees in the School
Facilities Office.
She assigns work to the clerical staff in the office. She
schedules vacation time for the clerical employees in the
office.
She has never formally evaluated a clerical employee under
her direction. No evaluation report was submitted as evidence
to indicate that she formally evaluates the clerical employees
in the office.
The Administrative Secretary/School Facilities does not
adjust grievances at the formal level but has participated in
reprimanding an employee on an informal level in the office.
Approximately 70-80 percent of her time is spent
supervising the clerical employees under her direction. 	She
works an eight hour day as compared to a seven and one-half
hour day for the rank and file employee in the white collar
unit.
The PERB itself has held:
It 	is 	well 	established 	that 	an 	employee 	need
not 	possess 	all 	of 	the 	enumerated 	functions
to 	be 	a 	supervisor.6 	Rather 	the
performance 	of 	anyone 	of 	the 	enumerated
sections 	or 	the 	effective 	power 	to 	recommend
such 	action, 	exercising 	independent
judgment, 	is 	sufficient 	to 	make 	one 	a
supervisor 	within 	the 	meaning 	of 	the 	Act.7
It is well established that an employee need
not possess all of the enumerated functions
to be a supervisor. Rather the
performance of anyone of the enumerated
sections or the effective power to recommend
such action, exercising independent
judgment, is sufficient to make one a
supervisor within the meaning of the Act. 7
6Sweetwater Union High School District, supra, at p. 12.
7San Diego Unified School District (2/18/77)
EERB Decision No. 8 at p. 9.
13

Since 	the 	Administrative 	Secretary/School 	Facilities
possesses 	several 	of 	the 	supervisory 	indicia 	enumerated 	in
section 	3540.l(m), 	it 	is 	found 	that 	the 	Administrative
Secretary/School 	Facilities 	is 	a 	supervisor 	within 	the 	meaning
of 	the 	EERA.
Confidential 	Employee 	Issues
In 	Sierra 	Sands 	Unified 	School 	District 	(lO/lL~/76)
EERB 	Decision 	No. 	2, 	the 	Board 	set 	forth 	its 	general 	commentary
on 	Government 	Code 	section 	3540.l(c) 	which 	defines 	the 	term
"confidential 	employee" 	as 	"any 	employee 	who, 	in 	the 	regular
course 	of 	his 	duties, 	has 	access 	to, 	or 	possesses 	information
relating 	to, 	his 	employer's 	employer-employee 	relations." 	The
Board 	held 	that 	an 	employer 	should 	be 	allowed 	a 	nucleus 	of
individuals 	to 	assist 	the 	employer 	in 	its 	employer-employee
relations. 	Further, 	the 	employees 	who 	are 	designated 	as
"confidential 	employees" 	are 	not 	to 	be 	considered 	"public
school 	employees" 	within 	the 	meaning 	of 	the 	Act. 	Finally, 	the
Board 	held 	that 	the 	employer's 	right 	to 	the 	undivided 	loyalty
of 	a 	nucleus 	of 	staff 	designated 	as 	"confidential" 	outweighs
that 	inherent 	denial 	of 	representation 	rights 	of 	those
employees 	designated 	as 	"confidential."
BFremont 	Unified 	School 	District 	(12/16/76) 	EERB
Decision No. 	6 	at 	p. 	10.
14
Since the Administrative Secretary/School Facilities
possesses several of the supervisory indicia enumerated in
section 3540.1(m), it is found that the Administrative
Secretary/School Facilities is a supervisor within the meaning
of the EERA.
Confidential Employee Issues
In Sierra Sands Unified School District (10/14/76)
EERB Decision No. 2, the Board set forth its general commentary
on Government Code section 3540.1 (c) which defines the term
"confidential employee" as "any employee who, in the regular
course of his duties, has access to, or possesses information
relating to, his employer's employer-employee relations. " The
Board held that an employer should be allowed a nucleus of
individuals to assist the employer in its employer-employee
relations. Further, the employees who are designated as
"confidential employees" are not to be considered "public
school employees" within the meaning of the Act. Finally, the
Board held that the employer's right to the undivided loyalty
of a nucleus of staff designated as "confidential" outweighs
that inherent denial of representation rights of those
employees designated as "confidential. "8 	B
8Fremont Unified School District (12/16/76) EERB
Decision No. 6 at p. 10.
14

Administrative
	Secretary/Confidential/Division
	of 	Learning
Shirley
	Sawyer
	is
	the
	Administrative
	Secretary/
Confidential/Division
	of
	Learning
	to
	Dorothy 	Kakimoto,
	Planner
for 	the 	Division
	of 	Learning.
	Dorothy
	Kakimoto
	acts
	as
	an
Administrative
	Assistant
	to
	Georgia
	Williams,
	Director 	of
	the
Division
	of 	Learning.
The
	specific 	duties
	of 	the 	Planner
	for 	the 	Division 	of
Learning
	are
	the
	development
	of 	curriculum
	and
	instructional
programs
	and
	she
	is
	also
	involved 	in
	budget
	proposals
	for
	the
Division 	of 	Learning.
She
	is
	a 	member
	of 	the
	administrative 	cabinet
	in 	the
absence 	of
	Mrs.
	Williams.
	Ms. 	Kakimoto
	has 	been
	involved
	in
calendar 	negotiations
	with 	the 	various
	employee
	organizations
in 	the
	District.
	She
	reviews
	employee
	proposals
	and 	makes
recommendations
	to 	the
	Deputy
	Superintendent, 	the
	cabinet
	and
the
	negotiating
	team.
	She
	is
	responsible 	for
	programs 	and
District 	policies
	regarding 	teacher 	pre-service
	days,
conference
	days
	and
	planning 	days.
	She
	has
	also
	made
recommendations
	regarding 	teacher 	layoffs
	for 	the
	1980-81
school 	year.
	She
	analyzes 	the 	budget
	and 	makes
	recommendations
to 	the 	negotiating
	team
	for 	the
	District.
The
	Planner 	serves
	on
	the
	disciplinary
	appeals 	panel 	for
classified
	employees 	in 	the
	District.
	She
	participates
	in 	the
writing 	of 	the 	panel's 	opinion
	and 	submits 	the 	written 	opinion
15
Administrative Secretary/Confidential/Division of Learning
Shirley Sawyer is the Administrative Secretary/
Confidential/Division of Learning to Dorothy Kakimoto, Planner
for the Division of Learning. Dorothy Kakimoto acts as an
Administrative Assistant to Georgia Williams, Director of the
Division of Learning.
The specific duties of the Planner for the Division of
Learning are the development of curriculum and instructional
programs and she is also involved in budget proposals for the
Division of Learning.
She is a member of the administrative cabinet in the
absence of Mrs. Williams. Ms. Kakimoto has been involved in
calendar negotiations with the various employee organizations
in the District. She reviews employee proposals and makes
recommendations to the Deputy Superintendent, the cabinet and
the negotiating team. She is responsible for programs and
District policies regarding teacher pre-service days,
conference days and planning days. She has also made
recommendations regarding teacher layoffs for the 1980-81
school year. She analyzes the budget and makes recommendations
to the negotiating team for the District.
The Planner serves on the disciplinary appeals panel for
classified employees in the District. She participates in the
writing of the panel's opinion and submits the written opinion
15

to 	the 	Administrative 	Secretary who 	types 	and 	delivers 	the
decision 	to 	the 	Superintendent 	of 	the 	District.
The 	Administrative 	Secretary/Confidential/Division 	of
Learning 	handles 	most 	of 	the 	correspondence 	for 	the 	Planner.
She 	maintains 	most 	of 	the 	files 	for 	the 	Planner. 	She 	has
access 	to 	and 	handles 	files 	which 	contain 	materials 	relating 	to
confidential 	employer-employee 	information 	about 	certificated
employees. 	She 	has 	access 	to 	the 	Planner's 	confidential 	file
and 	maintains 	her 	own 	confidential 	file 	as 	well 	in 	the 	Division
of 	Learning. 	She 	types 	confidential 	memoranda 	for 	the 	Planner
of 	the 	Division 	of 	Learning.
The 	position 	of 	Administrative 	Secretary/Confidential/
Division 	of 	Learning 	is 	a 	"confidential 	employee" 	within 	the
meaning 	of 	the 	EERA.
Supervising 	Typist 	Clerk/Confidential/Budget Office
The 	Supervising 	Typist 	Clerk/Confidential/Budget 	Office 	is
the 	secretary 	to 	the 	Chief 	Budget Analyst 	within 	the 	budget
department 	of 	the 	District. 	The 	Chief 	Budget 	Analyst 	is 	in
charge 	of 	the 	entire 	Budget Office 	staff. 	He 	plans 	and
supervises 	all 	phases 	of 	the 	development 	of 	the 	District
budget. 	He 	reports 	to 	the 	Business Manager 	and 	Controller.
Mr. 	Blake, 	Chief 	Budget Analyst, 	is 	not 	a 	department 	head
and 	would 	not 	be 	the 	person 	to 	receive 	a 	level 	one 	grievance.
He 	has 	not 	participated 	in 	negotiations 	with 	any 	of 	the
exclusive 	representatives 	and 	is 	not 	a member 	of 	management's
16
to the Administrative Secretary who types and delivers the
decision to the Superintendent of the District.
The Administrative Secretary/Confidential/Division of
Learning handles most of the correspondence for the Planner.
She maintains most of the files for the Planner. She has
access to and handles files which contain materials relating to
confidential employer-employee information about certificated
employees. 	She has access to the Planner's confidential file
and maintains her own confidential file as well in the Division
of Learning. She types confidential memoranda for the Planner
of the Division of Learning.
The position of Administrative Secretary/Confidential/
Division of Learning is a "confidential employee" within the
meaning of the EERA.
Supervising Typist Clerk/Confidential/Budget Office
The Supervising Typist Clerk/Confidential/Budget Office is
the secretary to the Chief Budget Analyst within the budget
department of the District. The Chief Budget Analyst is in
charge of the entire Budget Office staff. He plans and
supervises all phases of the development of the District
budget. He reports to the Business Manager and Controller.
Mr. Blake, Chief Budget Analyst, is not a department head
and would not be the person to receive a level one grievance.
He has not participated in negotiations with any of the
exclusive representatives and is not a member of management's
16

cabinet.
	His
	chief
	purpose
	is
	to 	prepare
	cost 	analysis
	of
exclusive
	representatives'
	bargaining 	proposals.
information
	he
	uses
	is
	available
	to
	the
	public.
The
The
	employees
in 	the
	Budget
	Office
	do
	not
	necessarily
	know
	the 	reasons
	for
the
	cost 	analysis
	for 	the
	employer
	and
	the
	exclusive
representative.
	Mr.
	Blake 	has
	the
	key
	to
	a
	file
	which
	contains
confidential
	information.
	Mrs. 	Buchanan,
	the 	Supervising
Typist 	Clerk/Confidential/Budget Office,
	does
	not
	have
	a
	key
	to
the
	file
	and
	she
	would
	have
	to
	justify
	any
	request 	to
	view
	the
file	
with
	Mr.	
Blake.
Mrs. 	Buchanan
	sees
	and
	types
	memoranda
	requesting
	other
persons 	to 	gather 	data 	for
	negotiating.
	Mrs. 	Buchanan
	performs
routine
	clerical
	duties
	in 	the
	Budget
	Office.
	She
	does
	not
have
	access 	to
	confidential
	information
	that
	would
	jeopardize
the 	employer's
	position
	at
	the 	bargaining
	table
	with
	the
exclusive 	representatives.
Since 	the 	Supervising 	Typist 	Clerk/Confidential/Budget
Office
	does
	not 	possess
	any
	of 	the
	confidential 	indicia
enumerated 	in
	section 	3540.l(c),
	it
	is
	found
	that
	the
Supervising 	Typist 	Clerk/Confidential/Budget Office
	is
	not
	a
confidential
	employee
	within 	the
	meaning
	of 	the
	EERA
	and
	is
included 	in 	the
	classified
	white
	collar 	unit.
Affirmative 	Action 	Purchasing
	Manager
A "management 	employee"
	is 	defined 	in
	Government 	Code
section 	3540.l(g) 	as 	"any 	employee 	having
	significant
17
cabinet. His chief purpose is to prepare cost analysis of
exclusive representatives bargaining proposals. The
information he uses is available to the public. The employees
in the Budget Office do not necessarily know the reasons for
the cost analysis for the employer and the exclusive
representative. Mr. Blake has the key to a file which contains
confidential information. Mrs. Buchanan, the Supervising
Typist Clerk/Confidential/Budget Office, does not have a key to
the file and she would have to justify any request to view the
file with Mr. Blake.
Mrs. Buchanan sees and types memoranda requesting other
persons to gather data for negotiating. Mrs. Buchanan performs
routine clerical duties in the Budget Office. She does not
have access to confidential information that would jeopardize
the employer's position at the bargaining table with the
exclusive representatives.
Since the Supervising Typist Clerk/Confidential/Budget
Office does not possess any of the confidential indicia
enumerated in section 3540.1 (c), it is found that the
Supervising Typist Clerk/Confidential/Budget Office is not a
confidential employee within the meaning of the EERA and is
included in the classified white collar unit.
Affirmative Action Purchasing Manager
A "management employee" is defined in Government Code
section 3540.1(g) as "any employee having significant
17

responsibilities
	for 	formulating
	district
	policies
	or
administering
	district
	programs."
	Although
	the
	statute
	is
written
	in 	the
	disjunctive,
	the
	Board
	has
	previously
	concluded
that
	a 	management
	employee 	must
	possess
	significant
responsibilities
	for
	both
	formulating
	district
	policies
	and
administering
	district
	programs.
9Lompoc
	Unified 	School
	District
	(March
	17,
	1977)
	EERB
Decision
	No. 	13
	at
	p. 	20-21.
lOHartnell
	Community
	College
	District
	(January 	2, 	1979).
EERB
	Decision
	No. 	81
	at
	p. 	13.
llrd., 	at
	13.
18
responsibilities for formulating district policies or
administering district programs. " Although the statute is
written in the disjunctive, the Board has previously concluded
that a management employee must possess significant
responsibilities for both formulating district policies and
administering district programs.9	
9
The
	"formulating 	of
	district
	policies" 	requires
	that
	an
employee
	possess
	discretionary 	authority 	to
	develop
	or
	modify
institutional
	goals
	and
	priorities.10	
The
	"administering 	of
district
	programs"
	requires 	authority
	to
	implement
	district
programs 	through
	the
	exercise 	of
	independent 	judgment.11
As
	Affirmative
	Action 	Purchasing
	Manager,
	the
	incumbent
	is
responsible 	for 	planning,
	implementing
	and 	managing
	the
District's
	affirmative 	action
	purchasing
	program.
	He
	trains
department 	personnel 	in
	affirmative 	action
	purchasing
	program,
policies
	and
	procedures.
	He
	represents
	the
	District
	with
public
	and
	private 	organizations 	that
	are
	interested
	in 	seeking
out
	and
	assisting
	minority
	vendors
	to
	compete 	on 	an
	equal 	basis
with 	other
	vendors
	who 	do
	business 	with 	the
	District.
	He
	plans
and
	organizes 	trade
	fairs
	for 	minority 	suppliers.
	He
	also
The "formulating of district policies" requires that an
employee possess discretionary authority to develop or modify
institutional goals and priorities. 10 The "administering of
district programs" requires authority to implement district
programs through the exercise of independent judgment. ll
As Affirmative Action Purchasing Manager, the incumbent is
responsible for planning, implementing and managing the
District's affirmative action purchasing program. He trains
department personnel in affirmative action purchasing program,
policies and procedures. He represents the District with
public and private organizations that are interested in seeking
out and assisting minority vendors to compete on an equal basis
with other vendors who do business with the District. He plans
and organizes trade fairs for minority suppliers. He also
9 Lompoc Unified School District (March 17, 1977) EERB
Decision No. 13 at p. 20-21.
10Hartnell Community College District (January 2, 1979).
EERB Decision No. 81 at p. 13.
1lid., at 13.
18

plans, 	organizes 	and 	conducts 	training 	programs 	for 	minority
suppliers 	in 	public 	agency 	purchasing 	practices 	and
procedures. 	The 	Affirmative 	Action 	Purchasing 	Manager 	serves
on 	the 	District's 	affirmative 	action 	purchasing 	advisory
committee 	and 	is 	responsible 	for 	implementing 	the 	committee's
recommendations.
He 	has 	the 	authority 	to 	recommend 	solely 	changes 	to
improve 	the 	affirmative 	action 	purchasing 	program. 	He 	reports
directly 	to 	the 	superintendent 	on 	issues 	which 	involve 	the
implementation 	or 	modification 	of 	any 	policy 	within 	his 	own
department.
He 	plans 	and 	implements 	recordkeeping 	and 	reporting 	systems
that 	affect 	the 	program.
The 	Outreach 	Program 	is 	a 	major 	thrust 	of 	his 	job. 	He 	is
to 	maintain 	open 	lines 	of 	communication 	with 	the 	female
community 	and 	the 	minority 	business 	community.
He 	monitors 	and 	evaluates 	the 	buyers 	for 	the 	District. 	The
buyers 	report 	to 	him 	on 	a 	monthly 	basis 	the 	total 	number 	of
purchases 	for 	that 	reporting 	period. 	The 	buyers 	fill 	out 	forms
which 	indicate 	how much money was 	spent 	according 	to 	ethnic
groups. 	These 	reports 	show 	the 	percentage 	of 	dollar 	amounts
that 	went 	to 	minority 	or 	female 	groups.
The 	Affirmative 	Action 	Purchasing Manager 	has 	written 	a
pamphlet 	entitled, 	"How 	to 	do 	Business 	with 	Oakland 	Schools."
19
plans, organizes and conducts training programs for minority
suppliers in public agency purchasing practices and
procedures. 	The Affirmative Action Purchasing Manager serves
on the District's affirmative action purchasing advisory
committee and is responsible for implementing the committee's
recommendations.
He has the authority to recommend solely 	changes to
improve the affirmative action purchasing program. 	He reports
directly to the superintendent on issues which involve the
implementation or modification of any policy within his own
department.
He plans and implements recordkeeping and reporting systems
that affect the program.
The Outreach Program is a major thrust of his job. He is
to maintain open lines of communication with the female
community and the minority business community.
He monitors and evaluates the buyers for the District. The
buyers report to him on a monthly basis the total number of
purchases for that reporting period. The buyers fill out forms
which indicate how much money was spent according to ethnic
groups. These reports show the percentage of dollar amounts
that went to minority or female groups.
The Affirmative Action Purchasing Manager has written a
pamphlet entitled, "How to do Business with Oakland Schools."
19

The 	book 	describes 	how 	a 	potential 	supplier 	for 	the 	District
can 	conform 	to 	the 	District 	requirements.
The 	record 	indicates 	significant 	responsibilities 	for
formulating 	and 	administering 	District 	policy with 	respect 	to
the 	Affirmative 	Action 	Purchasing 	Department. 	The 	position 	of
Affirmative 	Action 	Purchasing Manager 	is 	a 	"management
employee" 	within 	the 	meaning 	of 	the 	EERA.
PROPOSED 	ORDER
Based 	upon 	the 	foregoing 	findings 	of 	fact, 	conclusion 	of
law 	and 	the 	entire 	record 	of 	this 	matter, 	it 	is 	the 	proposed
order 	that:
1. 	The 	Personnel 	Interviewers, 	Supervising 	Typist 	Clerk/
Student 	Services, 	Assistant 	Director 	of 	Community 	Relations,
Administrative 	Secretary/School 	Facilities 	are 	supervisory
employees 	within 	the 	meaning 	of 	Government 	Code
section 	3540.l(m) 	and 	are, 	therefore, 	excluded 	from 	the
classified 	white 	collar 	unit.
2. 	The 	Administrative 	Secretary/Confidential/Division of
Learning 	is 	a 	confidential 	employee 	within 	the 	meaning 	of
Government 	Code 	section 	3540.l(c) 	and 	is, 	therefore, 	excluded
from 	the 	classified 	white 	collar 	unit.
3. 	The 	Affirmative 	Action 	Purchasing 	Manager 	is 	a
management 	employee 	within 	the 	meaning 	of 	Government 	Code
section 	3540.l(g), 	and 	is, 	therefore, 	excluded 	from 	the
classified 	white 	collar 	unit.
20
The book describes how a potential supplier for the District
can conform to the District requirements.
The record indicates significant responsibilities for
formulating and administering District policy with respect to
the Affirmative Action Purchasing Department. The position of
Affirmative Action Purchasing Manager is a "management
employee" within the meaning of the EERA.
PROPOSED ORDER
Based upon the foregoing findings of fact, conclusion of
law and the entire record of this matter, it is the proposed
order that:
1. 	The Personnel Interviewers, Supervising Typist Clerk/
Student Services, Assistant Director of Community Relations,
Administrative Secretary/School Facilities are supervisory
employees within the meaning of Government Code
section 3540.1 (m) and are, therefore, excluded from the
classified white collar unit.
2. 	The Administrative Secretary/Confidential/Division of
Learning is a confidential employee within the meaning of
Government Code section 3540.1 (c) and is, therefore, excluded
from the classified white collar unit.
3 . 	The Affirmative Action Purchasing Manager is a
management employee within the meaning of Government Code
section 3540.1 (g) , and is, therefore, excluded from the
classified white collar unit.
20

4.
	The
	Workers' 	Compensation 	Claims
	Supervisor
	is
	not
	a
supervisory
	employee
	within 	the
	meaning
	of
	Government
	Code
section
	3540.l(m)
	and
	is
	therefore
	included 	in 	the
	classified
white
	collar 	unit.
5.
	The
	Supervising
	Typist 	Clerk/Confidential/Budget
Office 	is
	not
	a
	confidential
	employee
	within
	the
	meaning
	of
Government
	Code
	section 	3540.l(c),
	and
	is,
	therefore,
	included
in
	the
	classified
	white
	collar 	unit.
Pursuant
	to
	California
	Administrative
	Code,
	title
	8,
part
	III,
	section
	32305,
	this
	proposed
	order
	shall
	become
	final
on
	February 	4,
	1981
	unless
	a
	party
	files
	a
	timely 	statement 	of
exceptions.
	See
	California
	Administrative
	Code,
	title
	8,
part
	III,
	section
	32300. 	Such
	statement
	of
	exceptions
	and
supporting
	brief
	must
	actually
	be
	received
	by
	the 	Executive
Assistant
	to 	the
	Board
	at
	the 	Headquarters 	Office 	in 	Sacramento
before
	the
	close 	of 	business
	(5:00 	p.m.)
	on
	February 	4,
	1981
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, 	sections
	32300 	and 	32305,
	as
amended.
Date 	January 	15, 	1981 
/ 	Joseph 	C. 	Basso
Hearing 	Officer
21
4. 	The Workers' Compensation Claims Supervisor is not a
supervisory employee within the meaning of Government Code
section 3540.1 (m) and is therefore included in the classified
white collar unit.
5 . 	The Supervising Typist Clerk/Confidential/Budget
Office is not a confidential employee within the meaning of
Government Code section 3540.1 (c) , and is, therefore, included
in the classified white collar unit.
Pursuant to California Administrative Code, title 8,
part III, section 32305, this proposed order shall become final
on February 4, 1981 unless a party files a timely statement of
exceptions. See California Administrative Code, title 8,
part III, section 32300. 	Such statement of exceptions and
supporting brief must actually be received by the Executive
Assistant to the Board at the Headquarters Office in Sacramento
before the close of business (5:00 p.m.) on February 4, 1981
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, sections 32300 and 32305, as
amended.
Date January 15, 1981
Joseph C. Basso
Hearing Officer
21