San Mateo Union High School District (PERB 0049E)

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STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
In the Matter of:
SAN MATEO UNION HIGH SCHOOL DISTRICT,
Employer,
and
CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION,
CHAPTER 156,
Employee Organization,
and
AMERICAN FEDERATION OF STATE, COUNTY, AND
MUNICIPAL EMPLOYEES, DISTRICT COUNCIL 57,
AFL-CIO,
Employee Organization,
and
UNIFIED BROTHERHOOD OF CARPENTERS AND
JOINERS OF AMERICA, LOCAL 162,
Employee Organization.
Case No. SF-R-113
PERB Decision No. 49
March 22, 1978
Appearances: 	Garry G. Mathiason and Larry Shapiro, Attorneys (Littler,
Mendelson, Fastiff and Tichy) for San Mateo Union High School District;
Patrick McGovern, Attorney, and Ann Stones, Deputy Field Director for California
School Employees Association, Chapter 156; Peter W. Manion and Michael J. Dunlap,
Business Agents for American Federation of State, County and Municipal Employees,
District Council 57, AFL-CIO; 	David A. Rosenfeld and William A. Sokol, Attorneys
(Van Bourg, Allen, Weinberg and Roger) for the United Brotherhood of Carpenters
and Joiners of America, Local 162.
Before Gonzales and Cossack Twohey, Members.1/ 1
Deliberations on this matter preceded Chairman Gluck's appointment to the
Public Employment Relations Board. Consequently, he is not noted as a
participant in this decision.
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OPINION
This case is on appeal from a proposed hearing officer's decision holding,
in part, 	that a unit of operations-support services personnel properly included
skilled crafts 	employees. 	The United Brotherhood of Carpenters and Joiners of
America, Local 162 (Carpenters) has taken exception to the inclusion of skilled
crafts employees, 	streaming in particular its history of representation on
behalf of the skilled crafts employees in the San Mateo Union High School District
(District) and the apparent separate unit status afforded skilled crafts employees
in the private sector. 	Additionally, the Carpenters argue that skilled crafts
employees perform distinct work functions as compared to other operations-support
services employees.
We have reviewed the record and the attached proposed decision in light of
the Carpenters exception. 	The findings of fact are supported by the record.
They unequivocally reflect a strong community of interest between and among all
the operations-support services employees of the District including the skilled
crafts employees. 	Further, evidence relating to the history of representation
by the Carpenters is not as persuasive as the Carpenters assert. 	In fact, a
comparison of this case and Sacramento City Unified School District2 clearly
supports the hearing officer's treatment of the facts and ultimate conclusions
In light of the criterion of "established practices, including, among other
things, 	the extent to which such employees belong to the same employee organiza-
tion. .." found in Government Code Section 3545(a). 	We note that in this case
(1) skilled crafts employees along with all other classified employees have
received across-the-board percentage increases for ten years, 	(2) skilled crafts
employees have remained members of their respective unions, 	(3) the Carpenters
have not exclusively represented the skilled crafts employees under the Winton
Act (Ed. Code Sec. 13080, et seq., repealed July 1, 1976),3. (4) to the extent
the Carpenters have represented the skilled crafts employees, it has done so
on an increased basis,4 and (5) 	the scope of representation within the meet
and confer process under the Winton Act has been generally devoted to wages.
2EERB Decision No. 30A (September 20, 1977).
3American Federation of State,County, and Municipal Employees, District Council 57,
AFL-CIO, has also represented some skilled crafts employees under the Winton Act.
carpenters, alone, have been represented as early as 1947 by the
Carpenters, but other skilled crafts employees acquired the Carpenters'
representation only in subsequent years.

Regarding the Carpenters' 	reference to the unit designation of skilled
crafts employees in the private sector, 	we note the contrast between the
statutory guidelines explicitly provided for by our authorizing legislation
and those applied in the private sector . 	As we stated in Antioch Unified
School District :5
Examining the portion of the National Labor Relations
Act Section 9(b) 	that is pertinent in this case and comparing
that aspect of Section 9(b) 	with the relevant criteria in the
EERA, 	the differences between the two criteria become readily
apparent, 	The 	NLRA statutory criteria do not include an
efficiency of operations 	test, 	a conununity of interest test
or an established practices 	test. 	It is 	true that in respect
to community of interest and established practices 	(to the
extent that this means past bargaining history), the NLRB,
through its decisions, 	has fashioned the conununity of interest
standard already noted in this decision as having been relied
upon by this Board. 	The NLRB's Kalamazoo decision also
demonstrates that while the National Labor Relations Act is
silent on the criterion of past bargaining history, 	the NLRB
considers it a unit criterion. 	However, 	in respect to the EERA
criterion of efficiency of operations, 	not only is the National
Labor Relations Act silent, 	but the NLRB does not generally
apply that criterion in unit cases. 	In contrast, 	the California
Legislature has conunanded that the EERB use that criterion in all
unit cases. 	The silence of Congress on past bargaining history
and conununity of interest gives the NLRB more leeway to fashion
and apply unit criteria than the California Legislature, 	with
mandated unit criteria, 	has given the EERB.
The attached decision of the hearing officer comports with prior Board
precedent in applying Section 3545 (a) 	of the Educational Employment Relations
Act6 and it is 	therefore affirmed.
,. _ 	/ 	/ 	~ 	_L 	-I 	·- 	·- .
'Rv: 'Raymond J. 	Gonzales . Member 	Jerilou Cossack Twohey,Member
5EERB Decision No. 	37 at 10-11 	(November 7, 	1977) .
6Sacramento City Unified School District, 	EERB Decision 30A 	(September 30, 	1977);
San Diego Unified School District , 	EERB, 	Decision No . 	8 (February 18, 	1977 ) ;
Fremont Unified School District EERB Decision No . 	6 (December 16, 	1976 ) ;
Sweetwater Union Hi gh School District, 	EERB Decision No . 	4 	(November 23, 	1976).
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STATE OF CALIFORNIA
EDUCATIONAL EMPLOYMENT RELATIONS BOARD
In the Matter of;
SAN MATEO UNION HIGH SCHOOL DISTRICT,
Employer,
and
CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION,
CHAPTER 156,
Employee Organization,
and
AMERICAN FEDERATION OF STATE, COUNTY, AND
MUNICIPAL EMPLOYEES, DISTRICT COUNCIL 57,
AFL-CIO,
Employee Organization,
and
UNITED BROTHERHOOD OF CARP:ENTERS AND JOINERS
OF AMERICA, LOCAL 162,
Employee Organization.
Case No. SF-R-113
PROPOSED DECISION
November 10, 1977
Appearances: Garry G. Mathiason and Larry Schapiro (Littler, Mendelson,
Fastiff and 	Tichy) 	for San Mateo Union High School District; Patrick McGovern,
Attorney, and Ann Stones for California School Employees Association,
Chapter 156; Peter W. Manion and Michael J. Dunlap for American Federation
of State, County and Municipal Employees, District 57, AFL-CIO; David A.
Rosenfeld and William A. Sokol (Van Bourg, Allen, Weinberg and Roger) for
United Brotherhood of Carpenters and Joiners of America, Local 162.
Before Sharrel J. Wyatt, Hearing Officer.
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PROCEDURAL HISTORY
On April 1, 1976, the American Federation of State, County and
Municipal Employees, District Council 57, AFL-CIO (AFSCME) requested
1recognition from the San Mateo Union High School District 	(District)
for a unit composed of approximately 158 employees in a unit which
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included some operations-support employees. 	On April 1, 	1976, California
School Employees Association, Chapter 156 (CSEA) requested recognition for a
unit of approximately 270 employees in food services, clerical and
secretarial and instructional aides 	(paraprofessional) classifications.
On April 1, 1976, the United Brotherhood of Carpenters and Joiners, Local 162
(Carpenters) requested recognition for a unit of approximately 19 employees in
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the skilled crafts classifications. 	The District filed its responses to
these requests for recognition in which it indicated that it doubted the
1San Mateo Union High School District is located in San Mateo County and has
an average enrollment of 10,535 students attending five high schools and a
continuation school as well as an enrollment of 6,000 in its adult education
program. 1977 California Public Schools Directory at p. 475.
The record reflects current enrollment at 11,500.
AFSCME's request included the following positions: matron, bus driver, 	school
plant maintenance employee, automotive serviceman, stock clerk/deliveryman,
maintenance man I, equipment operator, lead bus driver, mechanic's helper,
maintenance man II, crew chief, boiler room maintenance man, tool and
equipment controlman, district grounds foreman, warehouse supervisor,
mechanic, bus dispatcher/instructor, school equipment technician I,
lead mechanic, school equipment technician II, glazier, food services
substitute, food services - assistant I, production assistant, production
baker, cook manager, production supervisor.
3The Carpenters' request included carpenters, painters, electricians,
plumbers, glaziers, locksmith, sheet metal workers, hereinafter referred
to as "skilled crafts."
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appropriateness of the unit sought by AFSCME because the District believed
AFSCME's requested unit should include skilled crafts classifications and
should not include certain classes of employees including substitute
employees; that the small unit sought by the Carpenters would adversely
affect the efficient operations of the District; that it doubted the
appropriateness of CSEA's requested unit.
On April 11, 1977, CSEA petitioned the EERB to become a party in
interest to the hearing for purposes of seeking a separate unit of food
services employees.
On May 10, 1977, an informal conference was held and a formal hearing
on May 10, May 18, June 28, 29 and 30, 1977. 	On May 10, 1977, AFSCME
deleted the position of "glazier," the only position in their requested
unit which overlapped with the unit sought by the Carpenters. 	Further,
by way of settlement, the District affirmed its recognition of CSEA for the
instructional aides (paraprofessional) unit and the business support
services unit. 	CSEA withdrew from the hearing on condition that CSEA
retained the right to appear on the ballot in the unit in which food
services employees are found to be appropriate, provided that the regional
director determines that CSEA has demonstrated 30 percent showing of
interest in that unit based on dues authorizations in effect on May 10, 1977.
The parties stipulated that the District is an employer within the
meaning of the Act and that CSEA, AFSCME and the Carpenters are enployee
organizations within the meaning of the Act. 	The stipulations were accepted
without inquiry.
ISSUES
1. Whether food services substitutes are appropriate to the unit
which includes other food services employees.
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2. What is the appropriate unit for skilled crafts employees.
FINDINGS OF FACT
AND CONCLUSIONS OF LAW
Food Services Substitutes
The District seeks to exclude food service substitutes from the unit.
AFSCME would include this classification.
Food services substitutes are called in to work by a secretary in the
District's office when a regular employee is absent. 	A list of 8-9
substitutes with frequent turn-over is maintained. 	Food services
substitutes work as long as needed and perform the work of the employee who
is absent. 	On one occasion, a substitute worked for a month but that was
unusual. 	Food services substitutes are paid at a lower hourly rate than
regular food services employees and receive no fringe benefits while regular
food services employees do receive fringe benefits.
Food services substitutes' pay rates were initially set unilaterally by
an administrator and approved by the Board of Trustees and were not arrived
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at under the meet and confer process of the Winton Act. 	Subsequently,
increases have been granted to food services substitutes by the Board of
Trustees after completion of the meet and confer process for regular
employees. 	Generally, the increase granted to the substitute employees
was close to that received by employees in classifications which were
represented in the meet and confer process.
4Education Code Section 13080 et seq., repealed July 1, 1976.
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Based on the foregoing findings of fact, it is found that food
services substitutes are not appropriate to the unit which includes
regular food services employees. 	Like substitute employees in other
5	decisions of the Board, 	food services substitutes lack the requisite
community of interest for inclusion in the unit with regular employees
because they enjoy no expectancy of future employment and are employed
at different rates of pay and enjoy no fringe benefits.
AFSCME argues that certificated decisions should not govern because
Government Code Section 3545(a)(3) provides that classified and
certificated employees shall not be included in the same unit. 	It is
found that decisions of the Board which relate to substitute employees
in the certificated service are precedential because they set forth
criteria for determining community of interest. 	That criteria is
equally applicable to all substitute employees because it goes to community
of interest with regular employees in the unit. 	Employees whose continuing
interest in their employment is tenuous in nature and who enjoy separate
wages and fringe benefits, be they classified or certificated, lack
community of interest with a unit of regular full and part-time employees.
AFSCME also argues that food services substitutes should be included
in the unit because they are public school employees within the meaning of
Government Code Section 3540.l(j).6
5See Belmont Elementary School District, EERB Decision No. 7, December 30,
1976; Petaluma Elementary and High School Districts, EERB Decision No. 9,
February 22, 1977; Los Rios Community College District, EERB Decision No. 18,
June 9, 1977.
""Public school employee" or "employee" means any person employed by any
public school employer except persons elected by popular vote, persons
appointed by the Governor of this state, management employees, and
confidential employees.
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Unlike sections of the Educational Employment Relations Act (EERA)
which require that a unit include all supervisory employees of the
employer7 or all classroom 	teachers8, 	nothing in the EERA
requires that a classified unit include all classified employees of the
employer. 	Only those employees who are found to be appropriate
based upon community of interest, efficient operation of the employer
and/or established practices are appropriate to the unit. 	In this case,
the parties have addressed their arguments to community of interest
criteria. 	Because it is found that food services substitutes lack a
community of interest with regular food services employees, 	food services
substitutes are excluded from the unit.
Skilled Crafts
AFSCME seeks a unit which is composed of operations-support
employees except for the skilled trades. 	The Carpenters seek to
represent what is essentially a skilled trades unit. 	The District's
position is that an operations-support services unit including skilled
crafts is appropriate.
The District employs six carpenters, of which two are foremen,
five painters, of which one is a foreman, three electricians, of which
one is a foreman, one glazier, two maintenance men, one of whom works with
the glazier and one with various crafts employees, and two who do
mechanical work, of which one is a foreman. 	Exhibits also reflect current
7See Government Code Section 3545(a)(2).
8See Government Code Section 3545(a)(l).
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classifications of locksmith, metalworker and hardware repairman and
maintenance man - heating and ventilating, which may or may not be
included with the designations of positions above. 	These employees
perform repair work and new construction of the physical facilities of the
District.
Historically, 	the skilled crafts employees have each generally belonged
to their applicable skilled crafts union. 	In the meet and confer process
under the Winton Act, the spokesperson at the table has been the
Carpenters with representatives from the electricians and plumbers joining
in at some sessions. 	AFSCME has also represented some skilled crafts
employees under the Winton Act.
Since 1947, 	the Carpenters have represented carpenters at the District.
In the early 1950's, 	the District hired a painter who was represented 	by
Carpenters. 	Electricians and plumbers were hired in the mid 1950's and the
Carpenters represented them. 	Generally the representative from the
Carpenters met with the superintendent or a representative of the Board
every year from 1947 to 1975-76, usually regarding wages. 	On one occasion,
he spoke directly with the Board of Trustees.
The record reflects that, under the Winton Act, a letter of recognition
would be forwarded to any organization claiming to represent employees
of the District after verification.
In addressing the efficiency of operations criteria under the EERA,
the District put in substantial testimony regarding experiences under the
Winton Act. 	It is to be noted that the experiences under the Winton Act
involved eight employee organizations including those who are parties
to this hearing.
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In addressing community of interest, the record reflects that
District policies regarding demotion, suspension, evaluation, fringes,
grievances and holidays have applied to all classified employees including
skilled crafts employees. 	Policy regarding hours and promotions have
varied. 	Classified employees generally work seven and one-half hours
per day. 	Employees in the skilled crafts work eight hours per day and have
every third Friday off, a benefit obtained for them through the meet and
confer process. 	Technical service employees, those who repair audio
visual equipment, typewriters and so forth, are off for two and a half
hours every Friday. 	Skilled crafts and most classified employees are
covered by a promotion policy based on a series of items, 	including length
of service. 	The exception to the general promotion policy covers bus
drivers, custodian and maintenance employees, where length of service is a
primary consideration for promotion.
Skilled crafts employees generally begin their work day at 8:00 a.m.,
as do custodians. 	Other classifications begin earlier, such as ground crews;
some bus drivers work split shift, and food services employees work a shorter day.
With the exception of bus drivers and food services employees who work
school days only, and matrons who work 10.5 months, all employees in both
AFSCME's and the Carpenters' proposed unit are employed 12 months per
year.
Wage increases for all classified employees have generally been a
flat percentage increase. 	The skilled crafts generally occupy the most
highly paid positions within the classified service. 	Classified
employees in both AFSCME's and the Carpenters' proposed unit receive a
10 percent differential if they work one day in a higher classification.
All other classified employees receive a 5 percent differential after five days.
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Except for part-time bus drivers, all are paid monthly. 	All receive the
same fringe benefits.
One procedure is used for hiring all classified employees. 	The same
procedure and forms are used for evaluation. 	Journeymen certificates
are required for the positions of locksmith, metal 	worker, carpenter,
plumber and electrician.
Glazier, maintenance man - heating and ventilating, and maintenance
men in the skilled crafts department do not require journeymen
certificates. 	Outside of the skilled crafts department, the mechanic
is required to have a journeymen certificate.
The assistant superintendent - operations 	is responsible for
supervision of the classified employees in question. 	Under the director of
management services, the district manager of food services supervises all
food services employees and the district manager of purchasing supervises
warehousemen. 	Under the director of maintenance, operations and
engineering, there are four departments or divisions: the district manager
of operations and grounds supervises 110-130 custodial and grounds
employees; the district manager of transportation supervises 10 full-time
and 30 part-time drivers, mechanics, dispatchers, and other transportation
employees; the district manager of technical services supervises five
technicians who repair and maintain audio visual equipment, typewriters
and business machines; the district manager of maintenance supervises the
skilled crafts employees.
The transportation garage 	maintenance building is located on the
campus of San Mateo High School. 	Technical service employees, transportation
employees and the skilled crafts employees are all headquartered 	at that
facility. 	The custodial staff of the high school uses that facility for
storage as well. 	Both a common lunch room and tool room are shared by
employees at the facility.
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Custodians, grounds and food services employees work at various school
sites. 	Mast employees, including skilled crafts, who are headquartered
at the transportation garage-maintenance building, perform their
work function at various school sites. 	While on the school site, these
employees are subject to the direction of the site administrator.
The record reflects several examples of custodians, grounds
personnel, or boiler men working with skilled crafts employees on
various projects.
It is clear from the record that the work function of food services,
custodial and grounds, transportation, technical services and skilled
crafts employees are involved in the maintenance of the physical
facilities of the District. 	It is equally clear that there is overlap
in their function. 	Both food services and custodial employees maintain
cleanliness in the kitchen. 	Custodians often perform some function of
nearly all skilled crafts employees, such as painting or repairing
light switches.
a. Established Practices
The Carpenters urge that community of interest criteria is not decisive
and that this decision should turn on that portion of Government Code
Section 3545(a) which reads," their established practice, including
among other things, the extent to which such employees belong to the
same enployee organization."
They further urge that the decision of the Board in Sacramento City
Unified School District8 is not decisive because in that case there was no
substantial prior bargaining history. 	In Sacramento City, the Board
Decision No. 30, September 20, 1977.
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found that since 1948 the Building Trades Council has represented
maintenance and crafts workers, but that since 1973, they had received the
same across-the-board increase granted all other employees. 	They further
found that the separate salary schedule and apprenticeship training of
skilled crafts employees were differences in degree rather than kind.
It is found that Sacramento City is binding precedent in this case.
Here, the evidence does not support a finding that the skilled crafts
have received anything other than an across-the-board percentage increase
during the last ten years. 	Membership for carpenters, painters,
electricians and plumbers has been in their respective unions with the
Carpenters as spokesmen. 	Several positions within the skilled crafts
pay scale including glazier, locksmith, metalworker and hardware
repairmen and maintenance man - heating and ventilating have never been
represented by Carpenters and at least some of these have been represented
•by AFSCME. 	Based on the record, it cannot be found that "established
practices" and/or membership in the same organization form the basis for an
appropriate unit in this case.
b. Efficiency of Operation
The efficiency of operations evidence which the District argues in favor
of an operations-support services unit is not persuasive. 	Experience under
the Winton Act dealing with eight recognized employee organizations without
criteria for appropriate units may very well be more cumbersome than
dealing with a limited number of exclusive representatives in regard to
appropriate units.
c. Community of Interest
The presumption raised in Sweetwater Union High School District9
9Sweetwater UHSD, EERB Decision No. 4, November 23, 1976.
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is that an operations-support services unit including all skilled
trades employees is appropriate based on community of interest. 	That pre-
sumption has not been overcome in this case. 	The unit urged by the District,
a Sweetwater operations-support services unit, is composed of classifica-
tions that share a basic community of interest based on work function. 	All
are engaged in maintaining the physical facilities of the District and
providing support service. 	At least one organization, AFSCME, has
expressed willingness to represent such a unit.
In addition to work function, these classifications share other common
characteristics. 	Terms and conditions of employment, including such things as
hiring procedure, evaluation and grievances are identical; fringe
benefits are similar, including the differential for working out of
classification which distinguishes operations-support services employees
from the units of business support services and instructional aides for which
CSEA was granted recognition.
All are under the direction of the assistant superintendent of
operations. 	Most are supervised by the director of maintenance, operations
and engineering. 	While on school sites, all are subject to direction from the
site administrator.
Based on the foregoing, it is found that an operations-support services
unit is appropriate.
The District, by way of brief, argues that the carpenter foremen,
electrician foreman, painter foreman and mechanical maintenance 	foreman
are not supervisory employees under the Act. 	No party has urged that these
positions be found supervisory. 	Further, nothing in the record indicates
that these classifications possess any of the supervisory functions set forth
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in Government Code Section 3540.l(m). 	Based on the record, it is found
that the carpenter foremen, electrician foreman, painter foreman and
mechanical maintenance foreman are not supervisory employees within the
meaning of the EERA, and should be included in the operations-support
services unit.
PROPOSED DECISION
It is the Proposed Decision that:
1. The following unit is appropriate for meeting and negotiating,
providing an employee organization becomes the exclusive representative:
all operations-support services employees including matron, bus driver,
school plant maintenance employee, automotive serviceman, stock clerk/
deliveryman, maintenance man I, equipment operator, lead bus driver, mechanic's
helper, maintenance man II, crew chief, boiler room maintenance man, tool
and equipment controlman, district grounds foreman, warehouse supervisor,
mechanic, bus dispatcher/ instructor, school equipment technician I, lead
mechanic, school equipment technician II, glazier, food services -
assistant I, production assistant, production baker, cook manager,
production supervisor, carpenters, painters, electricians, plumbers,
glaziers, sheet metal workers, refrigerator and appliance repairman,
locksmith, metal worker and hardware repairman, carpenter 	leaderman, 	carpenter
foreman, painter leaderman, painter foreman, maintenance man - heating and
ventilating, electrician foreman, mechanical maintenance foreman, and
excluding all other employees including management, confidential and
supervisory.
2. The positions of carpenter foremen, electrician foreman, painter
foreman and mechanical maintenance foreman are not supervisory employees
within the meaning of the EERA.
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The parties have seven 	(7) 	calendar days from receipt of this
Proposed Decision in which to file exceptions 	in accordance with California
Administrative Code Section 33380, 	the EERB's Rules and Regulations. 	If
no party files 	timely exceptions, 	this Proposed Decision will become final
on November 22, 	1977 and a Notice of Decision will issue from the Board .
Within 10 workdays after the employer posts 	the Notice of Decision,
the employee organizations shall demonstrate to the Regional Director at
least 30 percent support in the above unit, 	provided however, 	that CSEA
shall have the right to appear on the ballot if they demonstrate to the
Regional Director that they have 30 percent support in the above unit based
on dues authorizations on May 10 , 	1977 . 	The Regional Director shall conduct
an election at the end of the posting period if : 	(1) more than one employee
organization qualifies for the ballot. 	If only one employee organization
qualifies for the ballot, 	then the employer shall grant voluntary recognition .*
Except as noted above, 	the date used to establish the number of
employees 	in the above units shall be the date of this decision unless
another date is deemed appropriate by the Regional Director and noticed to
the parties . 	In the event another date is selected, 	the Regional Director
may extend the time for employee organizations to demonstrate at least
30 percent support in the units.
II/ Sharrel J . Wyat~
Hearing Officer
*Based on stipulation in the .record.
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