Mendocino Community College District (PERB 0144EA)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
MENDOCINO COMMUNITY COLLEGE
DISTRICT,
Employer, 	Case No. SF-R-615X
and 	PERB Decision No. 144a
MENDOCINO PART-TIME FACULTY
ASSOCIATION , February 23, 1981
Employee Organization.
Appearances: Ronald A. Glick, for Mendocino Community College
District; Peter Ferris for Mendocino Part-time Faculty
Association.
Before Gluck, Chairperson; Jaeger, Moore, Tovar, Members
DECISION
Pursuant to its Order of Remand in PERB Decision No. 144
(11/4/80), directing that evidence be taken on the status of
"regular" and "contract" part-time teachers, the Public
Employment Relations Board (hereafter Board) has received
a stipulation signed by both parties purporting to
exclude those classifications from the unit of part-time
faculty. The stipulation defines "regular" an
part-time employees" as those "who, although teaching only
part-time are, nevertheless, guaranteed a position in each
term, i. e., they are tenured or tenure-track part-time
STATE 	OF CALIFORNIA
DECISION 	OF THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
MENDOCINO C01~1UNITY 	COLLEGE
DISTRICT,
Employer,
and
MENDOCINO 	PART-TIME 	FACULTY
ASSOCIATION,
Employee 	Organization.
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Case 	No. 	SF-R-615X
PERB 	Decision 	No. 	144a
February 	23, 	1981
Appearances: 	Ronald 	A. 	Glick, 	for 	Mendocino Community College
District; 	Peter 	Ferris 	for 	Mendocino 	Part-time 	Faculty
Association.
Before 	Gluck, 	Chairperson; 	Jaeger, 	Moore, 	Tovar, 	Members
DECISION
Pursuant 	to 	its 	Order 	of 	Remand 	in 	PERB 	Decision 	No. 	144
(11/4/80}, 	directing 	that 	evidence 	be 	taken 	on 	the 	status 	of
"regular" 	and 	"contract" 	part-time 	teachers, 	the 	Public
Employment 	Relations 	Board 	(hereafter 	Board) 	has 	received
a 	stipulation 	signed by 	both parties 	purporting 	to
exclude 	those 	classifications 	from 	the 	unit 	of 	part-time
faculty. 	The 	stipulation 	defines 	"regular"	d "contract 	and 	"contract
part-time 	employees" 	as 	those 	"who, 	although 	teaching 	only
part-time 	are, 	nevertheless, 	guaranteed 	a 	position 	in 	each
term, 	i.e., 	they 	are 	tenured 	or 	tenure-track 	part-time

instructors." However, the parties aver that there are no
incumbents in these positions presently.
In light of this fact, the Board declines to accept the
stipulation excluding these potential employees. Instead, we
hereby amend the Order of PERB Decision No. 144 to reflect
approval of the unit of certificated employees including
part-time employees in classifications currently filled with
incumbents of the District. The propriety of including or
excluding "regular" or "contract" instructors is deferred to
such time as such employees may be employed by the District and
the question is raised by an appropriate petition.
ORDER
Upon the foregoing Decision, including PERB Decision and
Order for Remand No. 144, and the entire record in this case,
the Public Employment Relations Board ORDERS that:
A unit consisting of all part-time certificated
employees in classifications currently filled with incumbents
of the Mendocino Community College District, excluding those
who are managerial, supervisory, or confidential employees is
appropriate for negotiating in the Mendocino Community College
District provided that an employee organization becomes the
exclusive representative.
PER CURIAM
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instructors." 	However, 	the 	parties 	aver 	that 	there 	are 	no
incumbents 	in 	these 	positions 	presently.
In 	light 	of 	this 	fact, 	the 	Board 	declines 	to 	accept 	the
stipulation 	excluding 	these 	potential 	employees. 	Instead, 	we
hereby 	amend 	the 	Order 	of 	PERB 	Decision 	No. 	144 	to 	reflect
approval 	of 	the 	unit 	of 	certificated 	employees 	including
part-time 	employees 	in 	classifications 	currently 	filled 	with
incumbents 	of 	the 	District. 	The 	propriety 	of 	including 	or
excluding 	"regular" 	or 	"contract" 	instructors 	is 	deferred 	to
such 	time 	as 	such 	employees 	may 	be 	employed 	by 	the 	District 	and
the 	question 	is 	raised 	by 	an 	appropriate 	petition.
ORDER
Upon 	the 	foregoing 	Decision, 	including 	PERB 	Decision 	and
Order 	for 	Remand 	No. 	144, 	and 	the 	entire 	record 	in 	this 	case,
the 	Public 	Employment 	Relations 	Board 	ORDERS 	that:
A unit 	consisting 	of 	all 	part-time 	certificated
employees 	in 	classifications 	currently 	filled 	with 	incumbents
of 	the 	Mendocino Community College 	District, 	excluding 	those
who 	are 	managerial, 	supervisory, 	or 	confidential 	employees 	is
appropriate 	for 	negotiating 	in 	the 	Mendocino 	Community College
District 	provided 	that 	an 	employee 	organization 	becomes 	the
exclusive 	representative.
PER CURIAM
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