Westminster School District (Zaikowsky) (PERB 0042E)

STATE OF CALIFORNIA
DECISION OF THE EDUCATIONAL
EMPLOYMENT RELATIONS BOARD
JIM V. ZAIKOWSKY, ET A L ,
Charging Parties,
vs.
WESTMINSTER SCHOOL DISTRICT,
Respondent.
Case No. LA-CE-80
EERB Decision No. 42
December 16, 1977
JIM V. ZAIKOWSKY, ET AL,
Charging Parties,
v s .
WESTMINSTER TEACHERS ASSOCIATION,
Respondent.
Case No. LA-CO-14
Appearances: Thomas C. Agin, Ph.D., for California Pupil Services Labor Relations.
Before Alleyne, Chairman; Gonzales and Cossack, Members.
OPINION
This case is before the Educational Employment Relations Board upon the
appeal by Jim V. Zaikowsky, et al, of the dismissal by the General Counsel of
their charges against the Westminster School District and the Westminster
Teachers Association.
The parties charge the District with a violation of Government Code
Section 3543.5 (a), claiming they have been denied their individual rights to
be designated as management employees. In the attached Notice of Dismissal,
the hearing officer dismissed the charge.
The Board has considered the charge, the Notice of Dismissal and the
appeal of the Notice of Dismissal. We are in agreement with the Notice of
Dismissal and the rationale contained therein, and therefore the hearing
officer is sustained.
B y : Raymon d J. Goncales, Member Reginald Alleyne, Chairman
J e r i l o u H. Cossack, Member, concurring.
I concur in the result reached by the majority's summary affirmance of the

hearing officer's decision in this case. However, I do not agree that Govern-
ment Code Section 3540.1(g)1 should be interpreted literally to give the public
school employer in every case the exclusive right to designate management.
An employer will typically designate management status because doing so will
preserve for itself a core of loyal employees. On the other hand, it may, for
reasons adverse to the EERA, decline to designate employees as management.
For example, a refusal to designate could stem from the employer's desire to
infiltrate the bargaining unit with employees who favor management. The
inclusion of these employees in the unit would tend to dilute the strength
of an employee organization and upset the balance necessary to promote collective
negotiating. Employees clearly have the right to be free of employer domination
and interference in the exercise of their rights guaranteed by the EERA.
The majority's literal reading of Section 3540.1(g) as to the exclusive
right to designate management leaves the EERB with little, if any, flexibility
to deal with a situation designed to frustrate harmonious employer-employee
relations.
Jerilou H. Cossack, Member
Gov. Code Sec. 3540.1(g) states:
3540.1. As used in this chapter:
★ ★ ★
(g) "Management employee" means any employee in a position
having significant responsibilities for formulating district
policies or administering district programs. Management
positions shall be designated by the public school employer
subject to review by the Educational Employment Relations Board.