Placer Union High School District (PERB 0025E)

)
)
) ,
)
)
)
)
)
)
)
)
)
)
)
STATE OF CALIFORNIA
DECISION OF THE EDUCATIONAL
EMPLOYMENT RELATIONS BOARD
PLACER UNION HIGH SCHOOL DISTRICT,
Employer,
and
ASSOCIATED TEACHERS OF PLACER, CTA/NEA,
Enployee Organization,
and
PLACER GUIDANCE ASSOCIATION,
Employee Organization.
Case Nos. S-R-29
S-R-612
EERB Decision No. 25
September 12, 1977
Appearances: Douglas Lewis, Attorney, for Placer Union High School District;
Robert Bryce for Associated Teachers of Placer; and Thomas C. Agin, Executive
Director (California Pupil Services Labor Relations), for Placer Guidance
Association.
Before Alleyne, Chairman; Gonzales and Cossack, Members.
OPINION AND ORDER
This case is before the Educational Employment Relations Board on Placer
Guidance Association's exception to the attached hearing officer's proposed
decision concluding that seven counselors and one psychologist are appropriately
included in a unit with other certificated employees. 	The Board has considered
the record and the attached proposed decision in light of the exception.

The hearing officer's decision is substantially in accord with Board	,
precedent. 	See Grossmont Union High School District.1/ Accordingly, 	the
proposed order of the hearing officer is adopted as the order of the
Educational Employment Relations Board.
l 	.
By: Reginald Alleyne, Chairman
RaymondJ. Gonzales, Member, 	concurring :
I concur with the decision of the Board in sustaining the hearing
officer's decision in this case. 	I do so, 	not because I have altered my
position that counselors and psychologists should have a separate unit for
bargaining on the basis of sufficient community of interest, 	but because
in this case there are only 10 counselors in the district. 	I feel it would
impose a hardship on the district and adversely affect the efficiency of
operation 	(see Section 3545(a) 	of the Educational Employment Relations
Act) 	to require the district to negotiate separately with such a small
number of employees.
I hold firm to my dissent as articulated in Grossmont Union High School
District2 in those cases where a sufficient number of employees would warrant
a separate unit given that I 	firinly believe that a sufficient community of
interest will always exist among counselors and psychologists.
JerilouH. 	Cossack, Member, 	concurring :
I agree that here, 	as in Washington Unified School District, 	EERB Decision
No. 	27, 	September 14, 	1977, 	counselors and psychologists should be included in
the overall certificated unit not only because they possess a community of
l EERB Decision No. 	11, March 9, 	1977. 	The Board's Grossmont decision may
be appealed to the judiciary. 	The Board denies Placer Guidance Association's
motion to 	"delay any action on the Exceptions to the Hearing Officer's Decision
in the Placer Case or any further action on any aspect of the Placer case until
a final 	resolution of the Grossmont case is reached."
2
Gt: OS SHI OR t JJaioa :Wi9R SGROOl Distt:iet, 	EERB Decision No. 	11, March 9, 	1977,
pages 11 - 24.
-----------------
-2-

interest with other certificated employees but also because there are so
few of them .
~jl!I J~rilouH . Cossack, Member
Dated: 	September 12, 	1977
-3-

STATE OF CALIFORNIA
DECISION OF THE EDUCATIONAL
EMP LOYMENT RELATIONS BOARD
PLACER UNION HIGH SCHOOL DISTRICT,
Employer
and
ASSOCIATED TEACHERS OF PLACER/ CTA/ NEA,
Enployee Organization
and
PLACER GUIDANCE ASSOCIATION,
Enployee Organization
)
)
~
)
)
)
)
)
)
)
)
__________________ )
Case Nos . 	S-R-29
S-R-612
EERB Decision No. 	25
ORDER
The Educational Employment Relations Board directs that:
The 	following unit 	is appropriate for the purpose of meeting and negotiating,
providing that an employee organization becomes the exclusive representative of the
unit :
A certificated employee unit 	consisting of all 	certificated
employees including teachers, 	counselors, 	and the psychologist;
but excluding 	management, 	confidential and supervisory employees,
adult 	schoo l teachers and summer school teachers.
Within ten 	(10 ) workdays 	after the employer posts the Notice of Decision, 	the
enployee organization 	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 the employee organization qualifies 	for the ballot and
the employer does not grant voluntary recognition.
Educational Employment Relations Board
bv
Charles L. 	Cole
Executive Director.
9/ 12/77

)
)
_____________ )
1
STATE 	OF 	CALIFORNIA
EDUCATIONAL EMPLOYMENT 	RELATIONS 	BOARD
In the Matter of:
PLACER UNION HIGH 	SCHOOL DISTRICT,
Employer,
-and-
ASSOCIATED TEACHERS OF PLACER/CTA/NEA,
Employee
Organization,
-and-
PLACER 	GUIDANCE 	ASSOCIATION,
Employee
Organization.
)
)
)
)
)
) 	Case No. 	S-R-29
S-R-612
PROPOSED DECISION
June 15, 1977
)
)
)
)
>
)
)
)
Appearances: 	Douglas Lewis, 	Attorney, 	for Placer Union High
School District; 	Robert Bryce 	for Associated Teachers of
Placer; 	and Dr. 	Thomas C. 	Agin, 	Executive Director 	(Cali-
fornia Pupil Services Labor Relations), 	for Placer Guidance
Association.
Before: 	Michael G. 	Coder, 	Hearing Officer.
OPINION
Procedural History
On April 	1, 	1976, 	the Associated Teachers of Placer
("ATP") 	filed a 	request 	for 	recognition 	as 	the 	exclusive
representative 	of 	a unit 	of all 	certificated employees 	(which
arguably 	include 	the psychologist 	in 	as much as 	she was not
specifically 	excluded 	from the unit) 	excluding management

"··	,
'
'
2
supervisory 	and 	confidential 	employees. 	Also 	excluded were
adult 	and 	summer 	school 	teachers 	and 	counselors. 	The
proposed unit was 	comprised of approximately 	150 	employees.
On April 12, 	1976, 	the Placer Guidance Association
("PGA") filed a request for recognition as the exclusive
representative 	of counselors 	and 	the 	psychologist,a 	unit 	of
'eight 	emplb,-ees,
On May 7, 	1976, 	the Placer Union High School
District 	(the 	"District 	or 	the "Employer") gave notice that
it doubled the 	appropriateness of both proposed units on
the basis 	that the unit for which ATP petitioned failed to
include 	counselors 	and 	that the 	unit 	for which PGA petitioned
was 	"so 	small 	as 	to 	adversely affect the efficient operation
of the district."
The petitions were 	consolidated and a 	formal 	unit
determination hearing was held November 17, 	1976.
ISSUES
1. 	Is a unit of certificated employees which ex-
cludes 	seven counselors 	an appropriate unit?
2. 	Is a unit of 	seven counselors 	and one psychologist
of 	such a 	size 	as 	to adversely effect the 	efficient operation
of 	the 	school district?
3. 	What is the appropriate unit placement of 	the
psychologist?
DISCUSSION
The 	District
The 	District 	is 	located 	in Placer County and has
an 	average 	daily attendance 	of 	approximately 	3,700 	pupils.
The 	District maintains 	four high 	schools 	and employs 	approxi-
mately 	157 	classroom teachers, 	seven counselors 	and one

'
'f
1/
-
psychologist, 	for a total of 	approximately 165 	certificated
employees.1/f
Appropriate 	Units
In determining 	the 	appropriatenesses of 	any unit,
Government Code Section 	3545(a) 	requires 	the 'decision to be
based on three 	factors; 	(1) 	the community of 	interest be-
tween and among the employees; 	(2) 	the established practices
of the employees, 	including the extent to which such employees
belong to the 	same organization; 	and 	(3) 	the effect of size
of 	the 	unit on 	the 	efficient operation of 	the 	school 	district.
In applying these factors 	to the case at hand, 	it is con-
eluded 	that a 	comprehensive 	unit of 	certificated 	employees
is appropriate.
In 	defining 	"community of 	interest," 	the
Educational 	Employment Relations 	Board 	in 	Sweetwater Union
High 	School 	District 2 and 	Grossmont 	Union 	High 	School
District3 cited 	those 	factors 	used by 	the 	National 	Labor
Relations 	Board: 	qualifications; 	method of wages 	or pay
schedule; 	hours of work; 	fringe benefits; 	supervision;
frequency 	of 	contact with other 	employees; 	integration with
work 	functions 	of other 	employees, 	and 	interchange with
other employees. 4//	4
The 	credential 	requirements 	for 	teachers 	are
different 	from the 	credential 	requirements 	of 	counselors 	and
the psychologist. 	As was noted in Grossmont, 	supra, 	all
certificated personnel 	are 	generally required 	to 	possess 	a
bachelors 	or higher 	degree plus 	specialized 	training. 	The
specialized 	training 	for 	teachers 	consists 	of a 	fifth year
of 	academic 	training 	and 	an 	approved program of professional
preparation.5/ 	The 	specialized 	training 	for 	the 	counselors
1/ This figure does not include the following positions which were
stipulated to be management: 	superintendent; assistant superintendent;
administrative assistant for personnel; director of special services;
principals; vice principals; athletic directors; and student activity
directors.
2/ 	EERB Decision No. 4, November 23, 1976.
3/ EERB Decision No. 	11, March 9, 	1977.
4/ 	Kalamazoo Paper Box Corp., 136 NLRB 134, 137 (1974).
5/ Education Code Section 44259.
3

4
and 	the psychologist requires either 	(1) 	a 	fifth year of
academic 	study, 	approved professional preparation, 	field experi-
ence 	including classroom contact, .and passage of an examination,
or 	(2) 	possession of 	a valid 	license or certificate appropriate
to 	the 	service 	to 	be 	rendered 	and 	one 	year 	of 	experience.6
These 	differences 	between 	the 	teachers 	and 	counselors 	are
no 	greater 	than 	among 	teachers 	themselves.
Additionally, 	all of the permanent employees who
are 	the 	subject of PGA's 	petition, 	except 	Bart Connolly,
possess 	credentials 	entitling 	them to 	teach 	in 	the District.
With 	the 	exception 	of 	Connolly and 	the psychologist, 	the
permanent 	employees 	are 	all 	tenured 	as 	classroom teachers
within the District.7/
- 	Moreover, 	at 	least nine 	teachers 	also
hold a 	full 	or partial 	General 	Pupil 	Personnel 	Services
Credential. 	As was 	found by 	the 	Board 	in 	Oakland8 and
Grossmont, 	the 	slight 	differences which may exist 	in 	training,
skills 	and qualifications 	of counselors, 	teachers 	and
psychologists 	are not 	significant.
Both 	the 	District 	and PGA 	cite 	recent 	decisions
construing 	prior 	Education 	Code 	Sections 	13314 	and 	13314.3
(now Education Code Sections 	44893, 	44894, 	87454 and 87455)
which 	concern 	reassignment 	rights.9/- 	PGA 	incorrectly 	contends
that, 	by these decisions, 	the Courts of Appeal have recognized
the uniqueness 	of the pupil personnel positions. 	The District
argues 	that 	the 	reassignment 	rights 	of 	these personnel 	to
classroom teaching 	positions 	establish 	a 	community 	of 	interest
6 Education 	Code 	Section 	44266.
7 Evidently 	there 	were 	two 	temporary 	employees 	of 	the
District, 	Kim Cagle and Chris Kenna, 	within PGA's petition.
Kim Cagle 	is an adult 	school 	counselor 	for 	six hours per
week. 	Chris Kenna 	is 	employed through the end of 	the
1976-1977 	school 	year pursuant to a Federal Vocational
Education Grant.
8 Oakland 	Unified 	School 	District, 	EERB 	Decision 	No. 	15,
April 19, 1977.
9 Adelt 	v. 	Richmond 	School 	District, 	250 	Cal.App.2d 	149 	(1967),
Lacy v. 	Richmond Unified School District, 	13 Cal.3d 469 	(1975),
Netwig v. Huntington Beach Union High School District, 	52
Cal.App ."3d 529 (1975)) .
•

5
with the 	classroom teachers. 	Inasmuch as 	six counselors have
tenure as classroom teachers, 	the District's contention is more
nearly correct. 	Counselors, 	since primarily hired from the
Employer's 	own 	teaching 	staff, 	have 	significant 	seniority within
the District. 	Teachers who might 	selfishly urge that 	first
staff 	reductions 	should be at the expense of 	the counselors would
be 	dissuaded 	from 	such a position 	in 	this 	District because
counselors would replace 	them as 	teachers 	and 	teachers with
the 	lowest 	seniority would be 	the 	subject of 	the 	lay-offs.
There 	is 	substantial 	interaction between the 	teachers
and 	the 	counselors 	and psychologist. 	All 	use the 	same parking
facility, 	lunch, 	lounge and physical facilities. 	Counselors and
teachers 	are 	required to work 	identical hours. 	Counselors
and 	the 	psychologist 	are 	often 	called upon 	to mediate between
teacher and pupil. 	Their goals 	are the 	same: 	to maximize
the 	students' 	learning experiences. 	Any potential 	conflict
which may arise 	as 	a result of 	this mediation 	is 	speculative
at best. 	Even if 	such a conflict exists, 	it is not pertinent
to 	employee-employer 	relations.
The psychologist, 	counselors 	and teachers 	are all
on 	the 	same 	pay 	scale. 	All 	certificated employees receive
additional 	compensation 	based 	on experience, 	advanced degrees
or 	college 	credits 	which 	they have 	earned. 	A counselor whose
credential may have 	required more 	academic 	training 	is 	com-
pensated 	for 	that extra 	training 	in the 	same manner as 	ah
instructor with additional units. 	Differences 	in compensation
between pupil 	service employees 	and 	teachers 	are due 	to the
fact that extra days 	of 	service 	are 	required of counselors and
the psychologist. 	The extra compensation 	is 	a prorated amount
for 	the 	additional 	duty 	time 	that would be 	earned by a 	teacher
of 	similar 	training 	and 	experience. 	All 	certificated employees
receive 	the 	same 	fringe benefits.
Teachers 	and 	counselors 	are 	directly 	supervised 	by
the principal 	of 	the 	school 	to which they are 	assigned. 	They
are 	evaluated by the principal 	in a 	similar manner pursuant 	to
the 	Stull Act, 	Education Code 	Section 	44660 	et 	seq. 	The

6
psychologist 	is 	supervised 	and 	evaluated 	by 	the 	director 	of
special 	services pursuant to the Stull Act, 	The employment,
transfer 	and grievance policies 	of 	the 	District are 	the 	same
for ,all 	certificated employees.
Based on the total record, 	it is 	found that teachers,
counselors 	and 	the psychologist 	share 	a 	substantial- community
of 	interest.
Established 	Practices
The 	PGA was not 	established until 	the 	1975-1976
school year. 	Prior to that time 	some counselors of the District
were members of 	the 	Sierra Foothills Counselors Association, 	a
multi-district 	organization with members 	from Nevada 	Joint
Union High School District, 	Sierra College, 	Roseville High
School 	and 	some 	elementary 	school 	districts,
PGA received one 	seat on 	the 	Certificated 	Employees
Council 	(CEC). 	PGA attended 	few meetings of the CEC and of-
fered no proposals 	but rather was 	content to 	await the 	outcome
of 	this 	representation hearing.
All 	persons who 	serve 	exclusively as 	counselors 	and
the 	psychologist are members 	of 	PGA,
Despite 	its 	unanimous membership of 	persons who are
exclusively counselors, 	the recent 	formation of 	the PGA and
its 	insignificant 	involvement 	in the CEC preclude 	a 	finding
favorable 	to 	the PGA based on 	established practices 	of 	the
employees. 	The 	inference 	is 	clearly contrary to PGA's
position: 	the psychologist and 	the counselors have been
successfully 	represented 	for 	a 	considerable 	period of 	time 	by
a 	CEC 	comprised 	exclusively of ATP members.
The 	Psychologist
The 	issue of 	the psychologist's proper unit 	is
resolved 	inasmuch as 	it 	is 	concluded a 	single 	comprehensive
certificated negotiating 	unit 	is 	appropriate.

'V- 	,·
7
Efficiency 	of 	Operation
No party 	to 	these 	proceedings has 	urged that multiple
certificated units would aid 	the 	Efficient operation of 	the
District. 	The District restricted its evidence to the con-
trary proposition while 	PGA sought 	to 	rebut 	that contention,
urging 	additionally 	that 	conflicting 	representational 	in-
terests mandated a 	separate counselor-psychologist unit. 	The
resolution of 	this 	dispute would not affect 	the 	result of 	this
decision. 	Accordingly, 	the issue of efficiency of operation
is not addressed .
PROPOSED 	DECISION
It 	is 	the Proposed Decision that:
The 	following unit 	is 	appropriate 	for 	the purpose
of meeting 	and negotiating, 	providing 	that 	an employee
organization becomes 	the 	exclusive representative 	of 	the 	unit:
A 	certificated 	employee 	unit 	consisting 	of 	all
certificated 	employees 	including 	teachers,
counselors, 	and the. psychologist; but excluding
management, 	confidential 	and 	supervisory employees,
adult 	school 	teachers 	and 	summer 	school 	teachers.
The parties have 	seven 	(7) 	calendar days 	from the
receipt 	of 	this 	proposed 	decision 	In which to 	file 	exceptions
in accordance with 	Section 33380 of 	the Board's Rules 	and.
Regulations. 	If no party files 	timely exceptions, 	this pro-
posed decision will become final on June 28, 	1977, 	and a
Notice 	of Decision will 	issue 	from the 	Board.
Within ten 	(10) 	work days 	after 	the employer posts
the Notice of Decision, 	the employee organization shall
demonstrate 	to 	the Regional Director at 	least 	30 percent 	sup-
port 	in 	the 	above unit. 	The Regional Director 	shall 	conduct 	an

election 	at 	the 	end of 	the 	posting period 	if 	the 	employee
organization qualifies 	for 	the 	ballot 	and 	the 	employer 	does 	not
grant 	voluntary 	recognition .
DATED: 	June 	15, 	1977
Mich"ael G. ·coded-?-""
HeJring 	Officer
8

STATE OF CALI FORN IA 	EDMUND G. BROWN JR~ Governor
EDUCATIONAL 	EMPLOYMENT 	RELATIONS 	BOARD
Headquarters Office
923 12th Street, SUite 201
Sacramento, 	california 	95814
( 916 ) 322-3088
September 13, 	1977
Douglas Lewis, 	Esq.
Placer Union High Schoo l 	District
1230 High Street
Auburn, 	CA 	95603
Dr. 	Thomas D. 	Agin
Executive Director
Pl acer Guidance Association
California Pupil 	Services Labor Relations
652 	East Commonwealth Avenue
Fullerton CA 	92631	Robert Burge, 	President
Associated Teachers o f 	Placer, 	CTA/NEA
609 	Canyon Drive
Auburn, 	CA 	95603
RE : 	Placer Union High School District, 	S - R- 29, 	S - R- 612 	- 	EERB Decision No . 	25
Enc l osed 	is a 	copy o f 	the Order adopted by the Educational Emp l oyment
Re l ations Board concerning Placer Guidance Association ' s 	exception to 	the
hearing o ff icer ' s 	proposed decision dated June 15, 	1977.
Sincerelv
Char l es L. 	Col e
Executive Director
CLC/tz
Enclosure
cc 	Richard Garland
Pl acer Guidance Association
Chana High Schoo l
3775 Richardson Drive
Auburn CA 	95603
Wayne Bou l ding, 	Superintendent
Pl acer Union High Schoo l 	District
P . 	0 . 	Box 1249
Auburn CA 	95603