PERB Decision No. 0041E•Carlsbad Unified School District (PERB 0041E)
Carlsbad Unified School District (PERB 0041E)
PERB Decision No. 0041ECalperb29 de nov. de 1977
Texto completo
STATE OF CALIFORNIA DECISION OF THE EDUCATIONAL EMPLOYMENT RELATIONS BOARD CARLSBAD UNIFIED SCHOOL DISTRICT, Employer, Case Nos. LA-R-107and LA-R-784 CARLSBAD UNIFIED TEACHERS ASSOCIATION/ CTA/NEA, Chapter 160, Employee Organization, EERB Decision No. 41 and OCEANSIDE-CARLSBAD FEDERATION OF TEACHERS/AFT, Local 1344 November 29, 1977 Employee Organization, and CARLSBAD CERTIFICATED SUPERVISORY ASSOCIATION, Employee Organization. Appearances: Glen Whitener for Carlsbad Unified School District; William Morgan for Carlsbad Unified Teachers Association; Raoul Teilhet for Oceanside- Carlsbad Federation of Teachers; Joseph Deminicantanion for Carlsbad Certificated Supervisory Association. Before Alleyne, Chairman; Gonzales and Cossack, Members. OPINION This case comes before the Educational Employment Relations Board on appeal from a hearing officer's decision that the certificated coordinators employed in the Carlsbad Unified School District (hereinafter District) are not supervisory employees within the meaning of Government Code Section 3540.1 (m) of the Educational Employment Relations Act (hereinafter EERA or Act) . That section reads : "Supervisory employee" means any employee, regardless of job description, having authority in the interest of the employer to hire, transfer, suspend, lay off, recall, "At issue herein are the vocational/career coordinator, athletic coordinator, ASB coordinator, counselor coordinator, academic coordinator, bilingual coordinator and general coordinator positions. -1- STATE OF CALIFORNIA DECISION OF THE EDUCATIONAL EMPLOYMENT RELATIOOS BOARD CARI.SBAD UNIFIED SCHOOL DISTRICT, Employer, and CARLSBAD UNJ.E'IED 'IEACHERS ASSOCIATIOO/ CTA/NEA, Chapter 160, Employee Organization, and OCEANSIDE-CARLSBAD FEDERATI.00 OF TEACHERS/AFT, local 1344, Employee Organization, and C.ARLSBAD CERTIFICATED SUPERVISORY ASSOCIATION, Employee Organization. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) _________________) Case Nos. IA-R-107 IA-R-784 EERB Decision No. 41 November 29, 1977 Appearances: Glen Whitener for Carlsbad Unified School District; William :tv:brgan for Carlsbad Unified Teachers Association; Raoul Teilhet for Oceanside- Carlsbad Federation of Teachers; Joseph Deminicantanion for Carlsbad Certificated Supervisory Association. Before Alleyne, Chairman; Gonzales an_d Cossack, Members. OPINION This case comes before the Educational Employment Relations Board on appeal from a hearing officer's decision that the certificated coordinators1 employed in the Carlsbad lhlfied School District (hereinafter District) are not supervisory employees within the meaning of Government Code Section 3540.l(m) of the Educational Employment Relations Act (hereinafter EERA or Act). That section reads: "Supervisory employee" means any employee, regardless of job description, having authority in the interest of the en:ployer to hire, transfer, suspend, lay off, recall, 1At issue herein are the vocational/career coordinator, athletic coordinator, ASB coordinator, cotm.selor coordinator, academic coordinator, bilingual coordinator and general coordinator positions. -1-
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 connecti 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. The appealing party, the District, takes exception to the hearing officer's decision on the grounds that the evidence produced at the hearing established that the coordinators of the District ". ..(a) hire, (b) assign, (c) discipline other employees, and (d) assign work to and direct other employees." We agree with the District that the hearing officer erred in not finding the coordinators to be supervisory employees within the meaning of the above-stated definition. Section 3540.1(k) is to be read in the disjunctive; the possession of any one of the enumerated functions listed in this section or the effective power to recommend such action, if requiring independent judgment, is sufficient to make one a supervisor. Accordingly, while the evidence provides several bases for finding the coordinators to be supervisors, i.e., that they indepen dently and effectively evaluate and discipline the teachers, for the sake of brevity, we limit our examination of the evidence to that which pertains to the authority of the coordinators to effectively make assignments. The coordinators, unlike the department heads in New Haven Unified School District, " do not simply coordinate teacher requests for assignment. The District also excepted to the hearing officer's conclusion that an oral amendment by the Carlsbad Unified Teachers Association at the hearing regarding its unit description put it in conformity with the unit description offered by the Oceanside-Carlsbad Federation of Teachers. However, in correspondence submitted to this Board by all the parties in this case, subsequent to the time the District filed its exceptions, a stipulation has been reached as to the unit description for the certificated personnel in the District so as to moot the District's exception on this point. See Sweetwater Union High School District, EERB Decision No. 4 (November 23, 1976) and San Diego Unified School District, EERB Decision No. 8 (February 8, 1977) following federal precedent set forth in Ohio Power and Light Company v. NLRB, 176 F. 2d 385, 23 LRRM 1242 (C.A. 6, 1949), cert. denied, 388 U.S. 899. "EERB Decision No. 14 (March 17, 1977). -2- 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 recom:nend such action, if, in connection on 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. The appealing party, the District, takes exception to the hearing officer' s decision on the grounds that the evidence produced at the hearing established that the coordinators of the District" ... (a) hire, (b) assign, (c) discipline 1other employees, and (d) assign work to and direct other employees. 12 We agree with the District that the hearing officer erred in not finding the coordinators to be supervisory employees within the meaning of the above-stated definition. Se.ction 3540. l(k) is to be read in the disjunctive; the possession of any one of the enumerated functions listed in this section or the effective power to recorrmend such action, if requiring independent judgment, is sufficient to make one a supervisor. 3 Accordingly, while the evidence provides several bases for finding the coordinators to be supervisors , i.e. , that they indepen- dently and effectively evaluate and discipline the teachers, for the sake of brevity, we lirnit our examination of the evidence to that -which pertains to the authority of the coordinators to effectively make assignments. The coordinators , unlike the department heads in New Haven Unified School District, 4 do not simply coordinate teacher requests for assignment. 2rhe District also excepted to the hearing officer's conclusion that an oral amendment by the Carlsbad Unified Teachers Association at the hearing regarding its unit description put it in confonnity with the unit description offered by the Oceanside-Carlsbad Federation of Teachers. However, in correspondence submitted to this Board by all t.l-ie parties in this case, subsequent to the time the District filed its exceptions, a stipulation has been reached as to the unit description for the certificated personnel in the District so as to root the District's exception on this point. 3see Sweetwater Union Hi School District, EERB Decision No. 4 (November 23, 1976) an San Di~o Unified School District, EERB Decision No. 8 (February 8, 1977) following ederal precedent set forth in Ohio Power and Li;t Company v. NLRB, 176 F.2d 385, 23 LRRM 1242 (C.A. 6, 1949), cert. denied, 3 U.S. 899. -- 4EER8 Decision No. 14 (March 17, 1977). -2-
They have individual responsibility for making curriculum assignments. Further, coordinators have the authority to change the assignments. The principal is eventually informed of such assignments and his or her input may be sought. However, it appears from the record that the principal's role in the area of assignments is really pro forma and that responsibility in this area actually lies with the coordinators. In addition to having the authority to make curriculum assignments, the coordinators assign various extra-curricular activities. For example, the ASB (Associated Student Body) coordinator assigns personnel to supervise social activities such as school dances and the athletic coordinator makes coaching assignments. Evidence offered for purposes of establishing the effectiveness of such assignments was Limited to the coaching assignments. It indicated that the Board of Education has ultimately approved such assignments with no known instance of having overturned the coordinator's decision. The foregoing evidence persuades us that the coordinators in this case are indeed supervisory employees within the meaning of Government Code Section 3540.1(m) . The decision of the hearing officer is therefore reversed. ORDER The following are "supervisory employees" within the meaning of Section 3540.1(m) : vocational/career coordinator, athletic coordinator, ASB coordinator, counselor coordinator, academic coordinator, bilingual coordinator, general coordinator. By : Raymond J. Gonzales, Member Jerilou H. Cossack, Member, concurring: I agree with the majority that the coordinators here are supervisors. However, unlike the majority, I base the conclusion on their ability to effectively recommend the hire, discharge and discipline of employees as well as their authority to effectively recommend the assignment of employees. -3- They have individual responsibility for making curricult.m assigriments. Further, coordinators have the authority to change the assignments. The principal is eventually _informed of such assignments and his or her input may be sought. However, it appears- from the record that the principal's role in the · area of assignments is really pro fo:cma and that responsibility in this area actually lies with the coordinators. In addition to having the authority to make curriculun assi.grments , the coordinators assign. various extra-curricular activi.ti.es. For example, the ASB (Associated Student Body) coordinator assigns personnel to supervise social activities such as school dances and the athletic coordinator makes coaching assigrnnents. Evidence offered for purposes of establishing the effectiveness of such assigrments was limited to the coaching assignments. It indicated that the Board of Education has ultimately approved such assigrn:nents with no known instance of having overturned the coordinator's decision. The foregoing evidence persuades us that the coordinators in this case are indeed. supervisory employees within the meaning of Goverrnnent Code Section 3540. 1 (m) . The decision of the hearing officer is therefore reversed. ORDER 'lhe following are "supervisory employees" within the meaning of Section 3540.l(m): vocational/career coordinator, athletic coordinator, ASB coordinator, counselor coordinator, academic coordinator, bilingual coordinator, general coordinator. A By Gonzales, Member Reginald Alleyne, Chairman r Ra;i;;~dJ. Regina1<3/..J.~1-e_yn_e_,_Chairinan_ ........______ ' .. . Jerilou H. Cossack, M:nber, concurring: I agree fii.e majority that the coordinators here are supervisors. However, unlike the majority, I base the conclusion on their ability to effectively reconm:nd the hire, discharge and discipline of employees as well as their authority to effectively reconmmd the assignment of employees. with -3-
Unlike the subject coordinators in I.Dmpoc Unified School Disttict, 1the coordinators in the instant case effectively reccmrend the hire of enployees . They are part of a conmittee which includes no persons in the negotiating unit but, rather, is corrposed of the principal, a district representative, usually the di.rector of personnel, and a coordinator. The conmittee' s recorrmmdations go directly to the govenring board and appear to be uniformly followed. In addition, the coordinators prepare written evaluations of both probationary and tenured employees. These evaluations are the primary basis upon which a decision is made regarding retention of probationary enployees. Finally, the written evaluations by coordinators of tenured employees provide the basis for initiating disciplinary action. Accordingly, I find the coordinators to be supervisors within the rean:ing of the EERA. Jerilou H. Cossack, Member 1EERB Decision No. 13, March 17, 1977. -4- coordinators in the instant case effectively recommend the hire of employees. They are part of a committee which includes no persons in the negotiating unit but, rather, is composed of the principal, a district representative, usually the director of personnel, and a coordinator. The committee's recommendations go directly to the governing board and appear to be uniformly followed. I addition, the coordinators prepare written evaluations of both probationary and tenured employees. These evaluations are the primary basis upon which a decision is made regarding retention of probationary employees. Finally, the written evaluations by coordinators of tenured employees provide the basis for initiating disciplinary action. Accordingly, I find the coordinators to be supervisors within the meaning of the EERA. -4-
EDUCATIONAL EMPLOYMENT RELATIONS BOARD OF THE STATE OF CALIFORNIA In the Matter of: CARLSBAD UNIFIED SCHOOL DISTRICT Employer, Employer, and and CARLSBAD UNIFIED TEACHERS ASSOCIATION/ CTA/NEA, Chapter 160, Employee Organization, and OCEANSIDE-CARLSBAD FEDERATION OF TEACHERS/AFT, Local 1344, Employee Organization, and CARLSB~ CERTIFICATED SUPERVISORY ASSOCIATION, Employee Organization. Case Nos. LA-R-107 LA-R-784 PROPOSED DECISION (5/20/77) LA-R-784 (5/20/77) Appearances: Glen Whitener for Carlsbad Unified School District; William Morgan for Carlsbad Unified Teachers Association; Raoul Teilhet for Oceanside-Carlsbad Federation of Teachers; Joseph Deminicantanion for Carlsbad Certificated Supervisory Association. In the Matter of: Before Jeff Paule, Hearing Officer.Before Jeff Paule, Hearing Officer. -1- OF THE STATE OF CALIFORNIA EDUCATIONAL EMPLOYMENT RELATIONS BOARD Case Nos. LA-R-107 PROPOSED DECISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) • ____________________ ) Appearances: Glen Whitener for Carlsbad Unified School District; William Morgan for Carlsbad Unified Teachers Association; Raoul Teilhet for Oceanside-Carlsbad Federation of Teachers; Joseph Deminicantanion for Carlsbad Certificated Supervisory Association. -1- CARLSBAD UNIFIED SCHOOL DISTRICT CARLSBAD UNIFIED TEACHERS ASSOCIATION/ CTA/NEA, Chapter 160, Employee Organization, and OCEANSIDE-CARLSBAD FEDERATION OF TEACHERS/AFT, Local 1344, Employee Organization, and CARLSBAD CERTIFICATED SUPERVISORY ASSOCIATION, Employee Organization.
PROCEDURAL HISTORY On Aprill, 1976, the Carlsbad Unified Teachers Association filed its request for recognition with the Carlsbad Unified School District, seeking recognition of a certificated employee unit consisting of certain specified regular full and part-time certificated employees of the district and specifically excluding therefrom coordinators and certain other positions. On April 1, 1976, the Carlsbad Unified Teachers Association PROCEDURAL HISTORY On April 28, 1976, the Oceanside-Carlsbad Federation of Teachers On April 28, 1976, the Oceanside-Carlsbad Federation of Teachers filed an intervention seeking recognition of a certificated employee unit, excepting therefrom coordinators teaching less than two classes and certain other positions. other positions. filed an intervention seeking recognition of a certificated employee unit, excepting therefrom coordinators teaching less than two classes and certain April 29, 1976, th.e Carlsbad Unified Teachers Association filed an amendment to its earlier request for recognition, modifying the unit description to include certain positions not herein in issue. On April 29, 1976, the Carlsbad Unified Teachers Association filed an amendment to its earlier request for recognition, modifying the unit description to include certain positions not herein in issue. On May 28, 1976, the Carlsbad Unified School District requested a unit determination hearing oy the Educational Employment Relations Board • On May 28, 1976, the Carlsbad Unified School District requested a unit determination hearing by the Educational Employment Relations Board. On Januar,y 18, 1977, the Carlsbad Certificated Supervisory Associa- tion filed its request for recognition seeking recogniti~n of a supervisory unit consisting of nine certificated coordinators. On January 18, 1977, the Carlsbad Certificated Supervisory Associa- tion filed its request for recognition seeking recognition of a supervisory unit consisting of nine certificated coordinators. On March 21, 1977, a formal unit determination hearing was held, at which time the Carlsbad Unified Teachers Association orally amended its request for recognition so that its unit description is identical to that of the Oceanside-Carlsbad Federation of Teachers • On March 21, 1977, a formal unit determination hearing was held, at which time the Carlsbad Unified Teachers Association orally amended its request for recognition so that its unit description is identical to that of the Oceanside-Carlsbad Federation of Teachers. There was no objection .!/ There was no objection to this amendment. to this amendment. -2- On • 1/ 1/ The unit description contained in Oceanside-Carlsbad Federation of Teachers' intervention is as follows: INCLUDE elementary and secondary classroom teachers, special education teachers (deaf and hard of hearing, E.E.H., speech, E.M.R., aphasic, L.D.G., language development, reading, continuation school), teacher coordinators with two or more classroom teaching assignments, resource teachers, nurses, psychologists, psychom- etrists, counselors, music teachers, librarians; ECE consultants, inter- session and teachers on leave of absence. EXCLUDE superintendent, assistant superintendent, directors of pupil personnel, certificated personnel and curriculum, principals, assistant principals, vice principals, coordinators teaching less than two classes and day-to-day substitutes. The unit description contained in Oceanside-Carlsbad Federation of Teachers' intervention is as follows: INCLUDE elementary and secondary classroom teachers, special education teachers (deaf and hard of hearing, H. , speech, E.M. R., aphasic, L.D. G., language development, reading, continuation school), teacher coordinators with two or more classroom teaching assignments, resource teachers, nurses, psychologists, psychom- etrists, counselors, music teachers, librarians; ECE consultants, inter- session and teachers on leave of absence. EXCLUDE superintendent, assistant superintendent, directors of pupil personnel, certificated personnel and curriculum, principals, assistant principals, vice principals, coordinators teaching less than two classes and day-to-day substitutes. -2- filed its request for recognition with the Carlsbad Unified School District, seeking recognition of a certificated employee unit consisting of certain specified regular full and part-time certificated employees of the district and specifically excluding therefrom coordinators and certain other positions.
ISSUE Whether the certificated coordinators are supervisory employees. FINDINGS OF FACT AND DISCUSSION The evidence with respect to the coordinators is essentially the same and therefore, the discussion and conclusions which follow apply to all coordinators. 21 Government Code Section 3540.1(m) states: "Supervisory employee" means 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. As stated in Sweetwater Union High School District, EERB Decision No. 4 (November 23, 1976), "[this section of the Act is written in the disjunctive; therefore, an employee need not possess all of the enumerated functions or duties to be a supervisor. The performance of any one of the enumerated actions or the effective power to recommend such action is sufficient to make one a supervisor within the meaning of the Act." (Citation omitted. ) 3/ The employer in the present case describes various instances in which the coordinators were involved in hiring, disciplining and directing other employees and in assigning work to other employees. However, there 2/ Coordinator of instructional materials, vocational/career coordinator, athletic coordinator, ASB coordinator, counselor coordinator, academic coordinator, bilingual coordinator, general coordinator and project coordinator. 3 See also San Diego Unified School District, EERB Decision No. 8 (February 18, 1977). -3- ISSUE Whether the certificated coordinators are supervisory employees. FINDINGS OF FACT AND DISCUSSION The evidence with respect to the coordinators is essentially the same and therefore, the discussion and conclusions which follow apply to all coordinators.1./ Government Code Section 3540.l(m) states: "Supervisory employee" means any employee, regardless of job description, having authority iri 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 exercis-e of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. As stated in Sweetwater un'ion High School District, EERB Decision No. 4 (November 23, 1976), "[t]his section of the Act is written in the disjunctive; therefore, an employee need not possess all of the enumerated functions or duties to be a supervisor. The performance of any one of the enumerated actions or the effective power to recommend such action is sufficient to make one a supervisor within the meaning of the Act." (Citation omitted.) 1/ . The employer in the present case describes various instances in which the coordinators were involved in hiring, disciplining and directing other employees and in assigning work to other employees. However, there 'l:./ Coordinator of instructional materials, vocational/career coordinator, athletic coordinator, ASB coordinator, counselor coordinator, academic coordinator, bilingual coordinator, general coordinator and project coordinator. 3/ See also San Diego Unified School District, EERB Decision No. 8 (February 18,1977). -3-
is a distinction to be made in the degree, nature and quantum of the authority and responsibility given the coordinators with respect to these responsibilities. Such a distinction was made apparent in two recent Board decisions, Lompoc Unified School District, EERB Decision No. 13, (March 17, 1977), where the Board found part-time subject coordinators not to be supervisors, and New Haven Unified School District, EERB Decision No. 14 (March 22, 1977), where the Board found high school department heads not to be supervisors. As will be shown, the positions discussed in Lompoc and New Haven do not differ very extensively from, and in fact are very similar to, the coordinators in Carlsbad. The record indicates that the coordinator positions became effective July 1, 1976. Prior to this time, there existed in the Carlsbad Unified School District the position of department chairman. The position of coordinator encompasses the responsibilities of the department chairman, adding very little additional authority. Although the coordinators may direct curriculum develop- ment, make recommendations and make assignments within their department, nevertheless, as in New Haven, the primary responsibility and assignment of the coordinators is as classroom teachers. Indeed, the record indicates that most of the coordinators teach at least one-half of their working day. The coordinators are on a separate salary schedule which provides for additional compensation. In New Haven, however, the department heads also received additional monetary compensation and the Board did not consider this to be very persuasive evidence of supervisorial status. Both the New Haven department heads and the Carlsbad coordinators need not possess a specialized credential. The employer argues that the coordinators' authority to hire is equivalent to the responsibility possessed by the head custodian in Sweetwater, supra. In Sweetwater, however, the assistant superintendent conducted the initial interview; thereafter, the applicant talked with the head custodian, who then gave his recommendation to the principal. The principal in Sweetwater stated that he "placed considerable amount of weight in the head custodian's opinion" and usually followed his advice 99 percent of the time. In the present case, the coordinator, like the department chairman in New Haven, was merely part of an interviewing committee, and therefore did not make an "independent" recommendation. -4- is a distinction to be made in the degree, nature and quantum of the authority and responsibility given the coordinators with respect to these responsibilities. Such a distinction was· made apparent in two recent Board decisions, Lompoc Unified School District, EERB Decision No. 13, (March 17, 1977), where the Board found part-time subject coordinators not to be supervisors, and New Haven Unified School District, EERB Decision No. 14 (March 22, 1977), where the Board found high. school department heads not to be supervisors. As will be shown, the positions discussed in Lompoc and New Haven do not differ very extensively from, and in fact are very similar to, the coordinators in Carlsbad. The record indicates that the coordinator positions became effective July 1, 1976. Prior to this time, there existed in the Carlsbad Unified School District the position of department Qihairman. The position of d,oordinator encompasses the respon§ibilities of the department chairman, adding very little additional authority. Although the coordinators may direct curriculum develop- ment, make recommendations and make assignments within their department, nevertheless, as in New Haven, the primary responsibility and assignment of the coordinators is as classroom teachers. Indeed, the record indicates that most of the coordinators teach at least one-half of their working day. T'ne coordinators are on a separate salary schedule which provides for additional compensation. In New Haven, however, the department heads also received additional monetary compensation and the Board did not consider this to be very persuasive evidence of supervisorial status. Both the New Haven department heads and the Carlsbad coordinators need not possess a specialized credential. The employer argues that the coordinators' authority to hire is equivalent to the responsibility possessed by the head custodian in Sweetwater, supra. In Sweetwater, however, the assistant superintendent conducted the initial interview; thereafter, the applicant talked with the head custodian, who then gave his recommendation to the principal. The principal in Sweetwater stated that he "placed considerable amount of weight in the head custodian's opinion" and usually followed his advice 99 percent of the time. In the present case, the coordinator, like the department chairman in New Haven, was merely part of an interviewing committee, and therefore did not make an "independent" recommendation. -4-
With respect to the coordinator's authority to "assign", th.e only evidence presented was the assignment of various "extracurricular activities". Dr. Douglas Deason, a witness called by the school district, stated that the primary function of the coordinators was the responsibility of placing people in departmental assignments. The employer compares this with area cafeteria managers (San Diego Unified School District, EERB Decision No. 8 IFebruary 18, 1977]), who assign and direct the work of cafeteria workers, head gardeners (San Diego), who develop work schedules for their crews, and head custodians (Sweetwater), who allocate regular work assignments of the custodians. The The Carlsbad coordinators are more akin to department heads in New Haven, however, than to custodians or gardeners. In New Haven, the Board characterized "coordinating the request of teachers for the assignment of classes and classrooms" as a routine administrative matter. With respect to the coordinator's authority to "assign", the only evidence presented was the assignment of various "extracurricular activities". Dr. Douglas Deason, a witness called by the school district, stated that the primary function of the coordinators was the responsibility of placing people in departmental assignments. The employer compares this with area cafeteria managers (San Diego Unified School District, EERB Decision No. 8 [February 18, 1977]), who assign and direct the work of cafeteria workers, head gardeners (San Diego), who develop work schedules for their crews, and head custodians (Sweetwater), who allocate regular work assignments of the custodians. Carlsbad coordinators are more akin to department heads in New Haven, however, than to custodians or gardeners. In New Haven, the Board characterized "coordinating the request of teachers for the assignment of classes and classrooms" as a routine administrative matter. The school district also argues that the coordinators possess the authority to discipline. The evidence indicates to the contrary; that the coordinators do not have the authority to suspend, lay off, discharge, dismiss or terminate employees. A witness for the employer did indicate that a coordinator has the authority to call a teacher "to an accounting" for any alleged misconduct. alleged misconduct. "Accountability", however, is not the type of discipline the Board has found to be indicative of supervisory status. The school district also argues that the coordinators possess the authority to discipline. The evidence indicates to the contrary; that the coordinators do not have the authority to suspend, lay off, discharge, dismiss or terminate employees. A witness for the employer did indicate that a coordinator has the authority to call a teacher "to an accounting" for any "Accountability", however, is not the type of discipline the Board has found to be indicative of supervisory status. On the basis of the evidence presented and in view of recent decisions by the Board, it is concluded that the activities and functions of the Carlsbad Unified School District coordinators "are merely [that of] more experienced teachers giving advice and assistance to those less knowledgeable" New Haven, supra, and accordingly, are not supervisors within the meaning of the Act. On the basis of the evidence presented and in view of recent decisions Inasmuch as the Carlsbad Unified Teachers Association and the Oceanside-Carlsbad Federation of Teachers request a unit that includes only those coordinators who teach two or more classes, it is necessary to ascertain which coordinators teach the requisite two or more classes. Based on the evidence, it is found that all but the Coordinator of Instructional Material and Project Coordinator teach two or more classes Inasmuch as the Carlsbad Unified Teachers Association and the ,i/ and accordingly, these and accordingly, these -5- 4/ !:./ The aounselor c,oordinator does not teach, but counsels for one-half day. Inasmuch as counselors are included in the unit without objection by the employer, no distinction is made between counseling and teaching. This also applies to the bilingual coordinator, who teaches one class but counsels for three additional periods. The counselor coordinator does not teach, but counsels for one-half day. -5- by the Board, it is concluded that the activities and functions of the Carlsbad Unified School District coordinators "are merely [that of more experienced teachers giving advice and assistance to those less knowledgeable" New Haven, supra, and accordingly, are not supervisors within the meaning of the Act. Oceanside-Carlsbad Federation of Teachers request a unit that includes only those coordinators who teach two or more classes, it is necessary to ascertain which coordinators teach the requisite two or more classes. Based on the evidence, it is found that all but the Coordinator of Instructional Material and Project Coordinator teach two or more classes,~ Inasmuch as counselors are included in the unit without objection by the employer, no distinction is made between counseling and teaching. This also applies to the bilingual coordinator, who teaches one class but counsels for three additional periods.
two positions as excluded from th.e unit proposed by the Carlsbad Unified Teachers Association and Oceanside-Carlsbad Federation of Teachers on this basis. CARLSBAD CERTIFICATED. SUPERVISORY ASSOCIATION'S PETITION The petition by the Carlsbad Certificated Supervisory Association requests recognition of a unit consisting of nine certificated coordinators. Since Carlsbad Certificated Supervisory Association is an organization seeking to represent a unit of supervisory employees, the petition shall be dismissed. PROPOSED DECISION It is the proposed decision that: 1. A certificated employee unit consisting of all elementary and secondary classroom teachers, special education teachers (deaf and hard of hearing, E.H., speech, E.M.R., aphas.ic, L.D.G., language development, reading, continuation school), resource teachers, nurses, psychologists, psychometrists, counselors, music teachers, librarians, ECE consultants, intersession and teachers on leave of ab-sence and excluding superintendent, assistant superintendent, directors of pupil personnel, certificated personnel and curriculum, principals, assistnat principals, vice principals, coordinators teaching less than two classes (coordinator of instructional materials and project coordinator), and day-to-day substitutes is stipulated by all parties to be appropriate for the purpose of meeting and negotiating, providing an employee organization becomes the exclusive representative of the unit. 1. certificated employee unit consisting of all elementary and CARLSBAD CERTIFICATED SUPERVISORY PROPOSED DECISION It is the proposed decision that: becomes the exclusive representative of the unit. 2.2. Coordinators with two or more classroom teaching assignments,Coordinators with two or more classroom teaching assignments, vocational/career coordinator, athletic coordinator, ASB vocational/career coordinator, athletic coordinator, ASB coordinator, counselor coordinator, academic coordinator, coordinator, counselor coordinator, academic coordinator, -6- two positions as excluded from the unit proposed by the Carlsbad Unified The petition by the Carlsbad Certificated Supervisory Association : -6- ASSOCIATION'S PETITION Teachers Association and Oceanside-Carlsbad Federation of Teachers on this basis. requests recognition of a unit consisting of nine certificated coordinators. Since Carlsbad Certificated Supervisory Association is an organization seeking to represent a unit of supervisory employees, the petition shall be dismissed. A secondary classroom teachers, special education teachers (deaf and hard of hearing, E.H., speech, E.M. R., aphasic, L.D.G., language development, reading, continuation school), resource teachers, nurses, psychologists, psychometrists, counselors, music teachers, librarians, ECE consultants, intersession and teachers on leave of absence and excluding superintendent, assistant superintendent, directors of pupil personnel, certificated personnel and curriculum, principals, assistnat principals, vice principals, coordinators teaching less than two classes (coordinator of instructional materials and project coordinator), and day-to-day substitutes is stipulated by all parties to be appropriate for the purpose of meeting and negotiating, providing an employee organization
bilingual coordinator, . general coordinator : are not supervisory employees pursuant to Section 3540 . l(m) and shall oe approp'i::iately included with. th.e certificated ' employee unit. 3. The Regional Director is requested to dismiss th .e petition oy the Carlsbad Certificated Supervisory Association. 3. The parties have seven (7) calendar days from 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 proposed decision will become a final order of the Board on June 1, 1977 and a Notice of Decision will issue from the Board. Within ten (10) workdays after the employer posts the Notice of Decision, the employee organziations shall demo_nstrate to the Regional Director at least 30 percent support in the above units. The Regional Director shall conduct an election at the end of the posting period if: (1) more than one employee organization qualifies for the ballot, or (2) only one employee organization qualifies for th.e ballot and 1r-he employer does not grant voluntary recognition. recognition. Dated: May 20, 1977 Dated: May 20, 1977 Paule Hearing Officer Jeff Paule -7- bilingual coordinator, general coordinator are not supervisory The parties have seven (7) calendar days from receipt of this Within ten (10) workdays after the employer posts the Notice of -7- Jeff The Regional Director is requested to dismiss the petition by the Carlsbad Certificated Supervisory Association. Hearing Officer employees pursuant to Section 3540.1(m) and shall be appropriately included with the certificated employee unit. 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 proposed decision will become a final order of the Board on June 1, 1977 and a Notice of Decision will issue from the Board. Decision, the employee organziations shall demonstrate to the Regional Director at least 30 percent support in the above units. The Regional Director shall conduct an election at the end of the posting period if: (1) more than one employee organization qualifies for the ballot, or (2) only one employee organization qualifies for the ballot and the employer does not grant voluntary
EDUCATIONAL EMPLOYMENT RELATIONS BOARD STATE OF CALIFORNIA EDUCATIONAL EMPLOYMENT RELATIONS BOARD CARLSBAD UNIFIED SCHOOL DISTRICT, Employer , and CARLSBAD UNIFIED TEACHERS ASSOCIATION/. CTA/NEA, CHAPTER 160, Employee Organization, and OCEANSIDE-CARLSBAD FEDERATION OF TEACHERS/AFT, LOCAL 1344, Employee Organization, and CARLSBAD CERTIFICATED SUPERVISORY ASSOCIATION, Employee.Organization. CARLSBAD UNIFIED SCHOOL DISTRICT, Case No . LA-R-784 LA-R-107 November 29, 1977 Case No. LA-R-784 follows : A certificated employee unit consisting of all certificated teaching personnel, wh ether under contract or on leave , i ncluding special education teachers, resource teachers, nurses, psychologists, psychometrists, counselors, music teachers, librarians, and annually-contracted intercession teachers; and excluding the superintendent, associate superintendent, assistant superintendent, director of pupil personnel, director of certi f icated personnel, principals, assistant principals, vice principals, day-to-day intercession teachers , day-to-day substitutes, and summer school t eachers. A certificated employee unit consisting of all STEPHEN BARBER Executive Assistant to the Board ) ) ) ) ) ) ) ) ) ) ) ) ~ ) ) ) ) ) ) ) ) ) ) ) -____________________ ) The wit h drawal by Carlsbad Unified School District of its Exception "I" filed in the above-captioned case is · hereby allowed. As per stipulation among the parties , the unit is described as follows : The withdrawal by Carlsbad Unified School District of its STEPHEN BARBER Execut i ve Assistant to t he Board STATE OF CALIFORNIA Employer, and CARLSBAD UNIFIED TEACHERS ASSOCIATION/ CTA/NEA, CHAPTER 160, Employee Organization, and OCEANSIDE-CARLSBAD FEDERATION OF TEACHERS/ AFT, LOCAL 1344, Employee Organization, and CARLSBAD CERTIFICATED SUPERVISORY ASSOCIATION, Employee Organization. LA-R-107 November 29, 1977 certificated teaching personnel, whether under contract or on leave, including special education teachers, resource teachers, nurses, psychologists, psychometrists, counselors, music teachers, librarians, and annually-contracted intercession teachers; and excluding the superintendent, associate superintendent, assistant superintendent, director of pupil personnel, director of certificated personnel, principals, assistant principals, vice principals, day-to-day intercession teachers, day-to-day substitutes, and summer school teachers. Exception "I" filed in the above-captioned case is hereby allowed. As per stipulation among the parties, the unit is described as
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