Office of the Santa Clara County Superintendent of Schools (PERB 0059E)

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________________ )
STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
OFFICE 	OF 	THE 	SANTA CLARA COUNTY
SUPERINTENDENT OF 	SCHOOLS,
Employer,
and
CALIFORNIA 	SCHOOL 	EMPLOYEES 	ASSOCIATION,
Chapter 	519,
Employee 	Organization,
and
ORGANIZATION 	OF 	PROFESSIONAL 	AND
TECHNICAL 	EMPLOYEES,
Employee 	Organization,
and
SERVICE 	EMPLOYEES 	INTERNATIONAL 	UNION,
Local 715, AFL-CIO,
Employee 	Organization.
Case No. 	SF-R-24
PERB Decision No. 59
July 19, 	1978
Appearances; 	Richard J. 	Loftus, 	Jr., 	Attorney 	(Paterson and
Taggart) 	for 	the Office of 	the 	Santa Clara County
Superintendent of Schools; 	Charles L. Marrone, Attorney, 	for
California School Employees Association, 	Chapter 	519;
Antonio Estremera, 	Attorney 	(Estremera, 	Gallardo and Hawes) 	for
Organization 	of 	Professional 	and 	Technical 	Employees;
Robert J. 	Bezemek, 	Attorney 	(Van Bourg, Allen, Weinberg and
Roqer) 	for 	Service Employees 	International Union, 	Local 715,
AFL-CIO.
Before Gluck, 	Chairperson; 	Cossack Twohey and Gonzales, Members.
OPINION
This 	case 	comes 	before 	the 	Public 	Employment 	Relations
Board 	(hereafter 	PERB) 	on 	exceptions 	filed 	by 	Service 	Employees
International Union, 	Local 715, AFL-CIO 	(hereafter SEIU) 	and

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Organization 	of 	Professional 	and 	Technical 	Employees 	(hereafter
OPTE) 	to 	the 	hearing officer's 	conclusion 	that 	the 	positions of
film 	clerk/packer, 	film 	inspector 	I 	and 	film 	inspector 	II 	should
be 	included 	in 	the 	office-technical 	and 	business 	services 	unit
rather 	than 	the 	operations-support 	services 	unit. 	We 	reverse
the 	hearing 	officer 	and 	find 	that 	these 	positions 	belong 	in 	the
operations-support 	services 	unit.
On March 	8, 	1977, 	pursuant 	to a 	consent 	agreement 	among 	the
parties, 	elections were 	conducted 	in 	the 	following 	units:
office-technical 	and 	business 	services, 	operations-support
services, 	and 	aides. 	The 	consent 	agreement provided 	that
employees 	in 	the 	positions 	of 	film clerk/packer, 	film 	inspector
I 	and 	film 	inspector 	II 	would 	vote 	subject 	to challenge; 	if
their 	ballots 	would 	affect 	the 	outcome 	of 	the 	election 	in 	either
the 	office-technical 	and 	business 	services 	unit 	or 	the
operations-support 	services 	unit, 	their 	unit 	placement 	would 	be
determined 	by 	PERB.
As 	a 	result of 	the 	election, 	SEIU was certified 	as 	the
exclusive 	representative 	of 	the 	operations-support 	services
unit. 	In 	the office-technical 	and 	business 	services 	unit, 	the
ballots 	of 	the 	film clerk/packers 	and 	film 	inspectors 	I 	and 	II
could 	affect 	the 	outcome 	of 	the 	election.1
lcsEA 	received 78 votes, OPTE received 75 votes, 	and
4 	votes 	were 	cast 	for 	no 	representation, making a 	total of
157 	valid 	votes 	counted. 	There 	were 	7 	challenged 	ballots. 	The
7 	challenges 	to 	the 	ballots 	of 	the 	film clerk/packers 	and 	film
inspectors 	I 	and 	II 	are 	not 	sufficient 	to affect 	the 	results 	of
the 	election 	in 	the 	operations-support 	services 	unit 	in which
SEIU 	was 	certified 	as 	the 	exclusive 	representative.

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A hearing was 	held on April 	19 	and 	20, 	1977. 	SEIU and OPTE have
appealed 	the 	proposed 	decision, 	arguing 	that 	these 	positions 	are
more 	appropriately placed 	in 	the 	operations-support 	services
unit. 	The Office 	of 	the 	Santa Clara County Superintendent 	of
Schools 	took 	no 	position 	on 	the 	proper 	placement 	of 	these
positions.
FACTS
There 	are 	three 	film 	clerk/packers, 	seven 	film 	inspector 	I's
and 	one 	film 	inspector 	II, 	all 	of whom work 	in 	the 	Educational
Media 	Center. 	The Media 	Center 	contains 	a 	film 	library 	with
approximately 	16,500 	prints 	which 	are 	distributed 	to
approximately 	400 	schools 	in 	Santa Clara County. 	The 	persons
employed 	in 	the 	classifications 	at 	issue 	work 	in 	an 	area
adjacent 	to a 	loading 	dock where 	delivery drivers, 	who
distribute 	the 	films, 	load 	and 	unload 	their 	trucks.
The 	film 	clerk/packers 	are 	responsible 	for 	pulling 	films
from 	shelves 	and 	packing 	them 	in 	sequence 	for 	delivery. 	They
receive 	a 	list 	of 	film 	orders 	which 	they 	recopy 	in 	numerical
order. 	They 	then 	pull 	the 	films 	and 	place 	them on 	carts. 	If 	a
film 	cannot 	be 	located, 	the 	film clerk/packer 	checks 	the 	rack
where 	the 	delivery drivers 	unload 	to see 	if 	it 	is 	there. 	If 	it
is 	not, 	the 	film clerk/packer 	contacts 	the 	school where 	the 	film
was 	last 	assigned 	or 	has 	the 	delivery driver 	contact 	that
school. 	The 	film clerk/packer 	loads 	the 	films 	in boxes 	in 	a
sequence 	determined 	by delivery 	drivers' 	routes. 	After 	the
films 	are 	returned 	and 	inspected, 	the 	film clerk/packer
reshelves 	them. 	This 	classification 	spends 	at 	least 	20 	percent

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of 	each 	day 	physically 	loading, 	unloading 	and moving 	films 	and
boxes 	of 	films. 	The 	job description 	indicates 	that 	employees
may 	be 	required 	to 	lift 	heavy 	cartons.
The 	film 	inspector 	I 	is 	responsible 	for 	inspecting 	films
after 	use 	and 	repairing 	defects. 	S/he 	operates 	a 	film
inspection machine 	which 	runs 	film 	at 	600 	to 	1400 	feet 	per
minute, 	stopping 	automatically at 	defects. 	The 	film 	inspector 	I
then 	repairs 	the 	defect, 	using 	some 	judgment 	to 	determine what
repairs 	to make. 	S/he 	also 	visually 	inspects 	the 	film 	lead,
exercising 	judgment 	as 	to whether 	to 	repair 	or 	replace 	the
lead. 	Most 	film 	inspectors 	unload 	and 	load 	films 	from carts;
two 	are 	disabled 	and 	require 	assistance 	from 	other 	film
inspectors. 	Film 	inspectors 	wear 	casual 	clothes 	and 	the
employer 	provides 	safety 	glasses 	because 	film 	chips 	sometimes
fly 	off. 	Film 	inspectors 	can 	perform 	their 	work 	after 	two or
three 	hours 	of 	training; 	however, 	it may 	take 	from 	three weeks
to 	three months 	to become proficient. 	In the 	opinion of 	the
supervisor, 	the 	work of 	the 	film 	inspector 	I 	is more 	technical
than 	physical. 	The 	job description 	states 	that 	employees may 	be
required 	to 	lift 	heavy 	cartons.
The 	film 	inspector 	II 	performs 	the 	work of 	the 	film
inspector 	I 	and, 	in addition, 	is 	responsible 	for making minor
repairs 	and 	adjustments 	to 	the 	film 	inspection 	equipment,
evaluating 	film 	damage, 	and 	recommending 	the 	replacement 	of
footage 	or 	an entire 	film.
The 	classifications 	in question 	are 	supervised 	by 	the
distribution 	supervisor 	of 	the 	Educational Media Center. 	This

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person 	also 	supervises 	eight 	delivery drivers, 	who were
stipulated 	to 	be 	in 	the 	operations-support 	services 	unit 	and 	one
film 	distribution 	clerk, 	who was 	stipulated 	to be 	in 	the
office-technical 	and 	business 	services 	unit.
The 	job descriptions 	for 	film 	clerk/packers 	and 	film
inspectors 	require 	that 	they 	have 	the 	appropriate 	licenses 	to
substitute 	as 	delivery drivers. 	In practice, 	film clerk/packers
only 	occasionally 	substitute 	for 	drivers; 	film 	inspectors
usually 	replace 	absent 	delivery drivers. 	Four 	or 	five 	of 	the
seven 	inspectors 	act 	as 	substitute 	drivers. 	Film 	inspectors
also 	substitute 	for 	film clerk/packers 	when 	necessary. 	The 	job
description 	of 	the 	film 	clerk/packer 	position 	indicates 	that
these 	employees 	should 	be 	able 	to 	substitute 	for 	film 	inspectors
although 	the 	record 	indicates 	that 	no 	such 	substitutions 	have
taken 	place 	for 	some 	time.
There 	is 	an 	informal promotional 	link 	between 	the 	disputed
positions 	and 	the 	position of 	delivery 	driver. 	Out 	of 	the 	eight
delivery drivers 	employed 	at 	the 	time 	of 	the 	hearing, 	six had
been 	film 	inspectors 	or 	film clerk/packers. 	One 	current 	film
inspector 	had 	started 	employment 	as 	a 	film 	inspector, 	had 	become
a 	delivery driver, 	and 	had, 	at his 	own 	request, 	been 	returned 	to
his 	film 	inspector 	position.
DISCUSSION
In 	Sweetwater 	Union High 	School District,
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the 	Board
2 (11/23/76) 	EERB Decision No. 	4. 	See 	also Fremont Unified
School District 	(12/16/76) 	EERB Decision No. 	6; 	San Diego
Unified School District 	(2/18/77) 	EERB Decision No. 	8; 	and
Norwalk-LaMirada Unified 	School 	District 	(9/16/77) 	EERB Decision
No. 29.

divided 	classified 	employees 	into 	three 	presumptively
appropriate 	units 	based 	on 	community 	of 	interest 	criteria,
pursuant 	to Government 	Code 	section 	3545(a).3 In 	this 	case,
the 	parties 	have 	consented 	to 	these 	units; 	the 	only 	issue 	is 	the
placement 	of 	three 	disputed 	classifications. 	In 	deciding 	where
to place 	these 	positions, 	the Board 	will consider 	their
community of 	interest 	with 	employees 	in 	both 	the
operations-support 	services 	unit 	and 	the 	office-technical 	and
business services unit.4
In 	determining 	whether 	a 	community of 	interest 	exists 	among
employees, 	the 	PERB 	considers 	the 	following 	criteria: 	method of
compensation, wages, hours, employment benefits, supervision,
qualifications, 	training and skills, 	work functions, 	contact
with 	other 	employees, 	integration with 	work 	functions 	of 	other
employees, 	and 	interchange with 	other 	employees.5 	In
3 G O V . Code 	sec. 	3545 (a) 	provides:
In 	each 	case 	where 	the 	appropriateness 	of 	the 	unit 	is
an 	issue, 	the 	board 	shall 	decide 	the question on 	the
basis 	of 	the 	community of 	interest 	between 	and 	among
the 	employees 	and 	their 	established 	practices
including, 	among other 	things, 	the extent 	to which
such 	employees 	belong 	to 	the 	same 	employee
organization, 	and 	the 	effect of 	the 	size of 	the 	unit
on 	the 	efficient 	operation of 	the 	school 	district.
4We 	do 	not 	consider 	the 	other 	unit 	determination 	criteria
in 	this 	case 	because 	no 	evidence 	was 	presented or 	argument made
about 	either 	efficiency 	of 	operations 	or 	extent 	of membership
in 	the 	same 	employee 	organization.
5These 	criteria were 	used 	by 	the 	National 	Labor 	Relations
Board 	(hereafter 	NLRB) 	in Kalamazoo Paper Box Corp. 	(1962)
136 	NLRB 134 	[49 	LRRM 1715]. 	While 	the PERB 	is 	not 	bound by
NLRB decisions, 	it will 	take 	cognizance of 	federal
interpretations 	of Labor 	Management Relations Act, 	29 	U.S.C,
sec. 	151 	et 	seq., 	provisions 	that 	are 	identical or 	similar 	to
provisions 	in 	the Educational Employment Relations Act, 	Gov.
Code 	sec. 	3540 et seq. 	Sweetwater, 	supra, 	EERB Decision No. 	4,
and 	see 	Fire 	Fighters Union v. 	City of Vallejo 	(1974) 	12 Cal.3d
608. 	In Antioch Unified 	School District 	(11/7/77) 	EERB
Decision No. 	37, 	the 	PERB stated 	that 	it 	follows 	the NLRB's
definition 	of 	community 	of 	interest 	as 	set 	forth 	in 	Kalamazoo.
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specific 	cases, 	these 	elements 	may conflict with 	some 	pointing
to one 	unit 	and 	some 	to 	another. 	The 	PERB balances 	these
factors 	to 	determine 	in which 	unit 	a position 	appropriately 	fits
In 	this 	case, 	we 	find 	that 	the positions 	in question have 	a
greater 	community 	of 	interest 	with 	classifications 	included 	in
the operations-support 	services 	unit 	than 	they do with 	those 	in
the 	office-technical 	and 	business 	services 	unit. 	We 	base 	this
decision 	particularly 	on 	the 	relationship between 	the 	disputed
positions 	and 	the 	position of 	delivery driver, 	which 	is
stipulated 	to be 	in 	the 	operations-support 	services 	unit.
The 	work 	of 	the 	film 	clerk/packers 	and 	film 	inspectors 	is
functionally 	integrated 	with 	that 	of 	the 	delivery 	drivers. 	The
films 	must 	be 	distributed 	to 	schools 	and 	returned 	to 	the 	film
library 	in 	good 	repair. 	The 	film clerk/packers 	pack 	the 	films
for 	distribution, 	the 	delivery drivers 	distribute 	and 	return
them 	to 	the 	loading dock, 	the 	inspectors clean, 	inspect and
repair 	the 	films, 	and 	the 	film clerk/packers 	reshelve 	them. 	The
employees 	work 	together 	and 	have 	regular 	contact 	with 	each
other. 	To place 	these 	employees 	in 	separate 	units would
artificially divide 	what 	is 	essentially 	a 	single 	work operation
between 	two units.
There 	is 	regular 	interchange 	among 	the 	positions. 	Film
clerk/packers 	and 	film 	inspectors 	substitute 	for 	delivery
drivers. 	Film 	inspectors 	also 	substitute 	for 	film
clerk/packers. 	There 	is 	also 	an 	informal promotional 	link.
Five 	out 	of 	the 	eight 	delivery drivers 	employed 	at 	the 	time 	of

the 	hearing 	had 	been 	film 	inspectors; 	one 	driver 	had 	been 	a 	film
clerk/packer.
The 	integration 	and 	interchange 	among 	the 	film 	clerk/packers,
film 	inspectors 	and 	delivery 	drivers 	lead 	us 	to 	find 	that 	they
have 	common 	interests 	which 	would 	be 	best 	served 	by placing 	all
three 	positions 	in 	the 	same 	unit. 	An examination of 	other
community of 	interest 	factors 	does 	not 	indicate 	any greater
community 	of 	interest 	existing 	between 	the 	disputed 	positions 	and
positions 	in 	the 	office-technical 	and 	business 	services 	unit.
In past 	decisions, 	the 	PERB has 	found work 	function 	to be 	an
important 	factor 	in unit determination. 	In this case, 	the 	film
clerk/packers 	and 	film 	inspectors 	perform 	both 	clerical 	and
physical 	work. 	We 	find 	it 	fruitless 	to closely analyze 	exactly
what 	work 	each 	disputed 	position 	performs 	and 	compare 	it 	to 	the
work of 	other 	positions 	in 	each 	unit. 	In a 	situation 	such 	as
this, 	where 	the 	the work 	functions of 	the classifications 	in
question 	defy easy categorization, 	other 	criteria 	included 	in 	the
concept 	of 	community of 	interest 	become more 	significant. 	In
particular, 	the 	integration of 	work 	functions 	and 	the 	interchange
among 	the 	positions 	of 	film clerk/packer, 	film 	inspector 	and
delivery 	driver 	outweigh 	the 	fact 	that 	their 	job 	functions 	are
different.
According 	to 	the 	stipulations 	of 	the parties, 	the 	supervisor
of 	the 	film clerk/packers 	and 	film 	inspectors 	also 	supervises 	one
member 	of 	the 	office-technical 	and 	business 	services 	unit 	and
eight members 	of 	the 	operations-support 	services 	unit. 	Therefore
the 	criterion of 	common 	supervision 	is 	not 	present 	in 	this 	case.
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We 	note, 	however, 	that 	the 	film clerk/packers 	and 	film 	inspectors
are 	commonly supervised with 	the 	delivery drivers. 	Also, 	by
placing 	the 	disputed 	positions 	in 	the 	operations-support 	services
unit, 	19 	out of 	the 	20 	employees 	supervised 	by 	the 	distribution
supervisor 	will 	be 	in 	the 	same 	unit.
In 	this 	case, 	we 	do not 	have 	enough 	information 	to determine
whether 	the 	compensation 	and 	benefits 	of 	the 	positions 	at 	issue
differ 	in 	any 	significant 	way 	from 	the 	compensation 	and 	benefits
of 	employees 	in 	either 	the 	operations-support 	services 	unit or 	the
office-technical 	and 	business 	services 	unit. 	Nor 	do we 	have
enough 	information 	to 	find major 	differences 	in hours. 	It 	is 	not
significant 	that 	two 	delivery 	drivers 	choose 	to 	begin 	work
one-half 	hour 	earlier 	than 	other 	workers. 	Presumably many
employees 	in 	the 	operations-support 	services 	unit 	and 	almost 	all
employees 	in 	the 	office-technical 	and 	business 	services 	unit work
regular 	hours 	from 	8:00 	to 	4:30. 	We 	also 	have 	no 	information 	on
the 	qualifications, 	training, 	and 	skills 	required of employees 	in
the 	office-technical 	and 	business 	services 	unit. 	We 	note,
however, 	that 	the 	positions 	in question have 	no specific
educational 	requirements 	and 	do 	not 	require 	the 	ability 	to 	type 	or
use 	other 	office 	equipment. 6 	Rather, 	most of 	the 	holders 	of
these 	positions 	are 	required 	to be 	able 	to 	drive 	trucks 	and 	lift
70 pounds.
6In 	Sweetwater, 	supra, 	EERB Decision No. 	4, 	the 	fact that
office-technical 	and 	business 	services 	employees 	were 	required 	to
type, 	operate 	business machines, maintain files 	and 	keep records
was 	a 	significant 	factor 	in 	placing 	these 	employees 	in 	a 	separate
unit.

Thus, looking at wages, benefits, hours, qualifications, and
training 	skills, 	we 	find 	that 	there 	is 	no 	information preventing
us 	from 	placing 	film 	clerk/packers 	and 	film 	inspectors 	in 	the
operations-support 	services 	unit, 	nor 	are 	there 	any 	significant
similarities 	causing 	us 	to 	find 	that 	these positions 	have 	a
greater 	community 	of 	interest 	with 	employees 	in 	the
office-technical and 	business 	services 	unit. 	Therefore, 	because
of 	the 	integration 	of 	work 	function 	and 	interchange 	among 	the
positions 	of 	film 	clerk/packer, 	film 	inspector 	and 	delivery
driver, 	we 	place 	the 	film 	clerk/packers 	and 	film 	inspectors 	in 	the
operations-support 	services 	unit.
Since 	neither 	CSEA nor 	OPTE 	received 	a majority of 	the
ballots 	cast 	in 	the office-technical 	and 	business 	services 	unit, 	a
runoff 	election 	is 	necessary 	in 	that 	unit.
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ORDER
The 	operations-support 	services 	unit 	of 	classified 	employees
of 	the 	Office 	of 	the 	Santa 	Clara 	County 	Superintendent 	of 	Schools
is 	hereby 	amended 	to 	include 	the 	positions 	of 	film 	clerk/packer,
film 	inspector 	I 	and 	film 	inspector 	II.
The 	Regional 	Director 	is 	directed 	to proceed 	with 	a 	runoff
election 	between 	California 	School 	Employees 	Association, 	Chapter
519 	and 	Organization 	of 	Professional 	and 	Technical 	Employees 	in
the 	office-technical 	and 	business 	services 	unit.
By 	Raymond 	J. 	Gonzales, 	Member 	Harry Gluck, Chairman
J e r i l o u Cossack 	Twohey, 	Member
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m,::-______)
EDUCATIONAL EMPLOYMENT RELATIONS BOARD
OF THE STATE OF CALIFORNIA
In the Matter of;
OFFICE OF THE SANTA CLARA COUNTY
SUPERINTENDENT OF SCHOOLS,
Eiiployer,
,
and
CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION,
Chapter 519,
Enployee Organization,
and
ORGANIZATION OF PROFESSIONAL AND TECHNICAL
EMPLOYEES,
Enployee Organization,
and
SERVICE EMPLOYEES INTERNATIONAL UNION,
Local 715, AFL-CIO,
Enployee Organization
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Case No, 	SF-R-24
CHALLENGED BALLOTS AND
UNIT CLARIFICATION
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Appearances; Richard J. Loftus, Jr. Attorney (Paterson and Taggart) for
Office of the Santa Clara County Superintendent of Schools; Charles
L. Maroney, Attorney, for California School Employees Association,
Chapter 519; Antonia Estremera, Attorney, for Organization of Professional
and Technical Employees; Robert Bezemek, Attorney (Van Bourg, Allen,
Weinberg, and Roger) for Service Employees International Union, Local 715,
AFL-CIO.
Before Sharrel J. Wyatt, Hearing Officer.
OPINION
PROCEDURAL HISTORY
After filing requests for recognition and interventions, the
parties entered into consent agreements and elections were conducted

in three units on March 8, 1977: 	(1) office technical and business
services unit, (2) operations support services unit, 	C3) aides, 	There
is no issue relative to the aides unit.
A special provision in the consent agreement relative to the office
technical and business services unit and the operations support services
unit provided:
"The positions of Film Clerk/Packer, Film Inspector I
and Film Inspector II shall vote subject to a challenged
ballot. 	If they are determinative, they will be
determined by a hearing under EERB regulations."
The tally 	of ballots in the office technical and business
services unit reflects:
Void Ballots 	0
Votes cast for California
School Employees Association
and its CSEA Chapter 519
Votes cast for Organization of
Professional and Technical
78
Employees 	75
Votes cast for No Representation 	4
Valid votes counted 	157
Challenged ballots 	7
Valid votes counted plus
challenged ballots 	164
The challenges are sufficient to affect the results of the
election.
The seven challenged ballots are those of persons occupying the
positions of film clerk/packer, 	film inspector I and film inspector II.
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Based on the election results SEIU Local 715 was certified as the
exclusive representative for employees in the operations-support services
unit.
By joint petition dated April 7, 1977, 	the parties requested a
hearing to resolve the seven challenged ballots in the office technical
and business services unit.
By way of that same petition, 	the parties jointly requested a
unit clarification hearing to determine if the position of staff
administrator/research psychologist should be properly included in the
office technical and business services unit or had been properly desig-
nated as management under the Act.
A hearing was held on April 19th and 20th, 1977, and the parties
submitted the matter following oral argument.
ISSUES
1. 	Whether the positions of film clerk/packer, film inspector I
and film inspector II are appropriate in the office technical and business
services unit.
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2. Whether the position of staff administrator/research psychologist
is management or supervisory.
DISCUSSION
The Challenged Ballots
The Office of the Santa Clara County Superintendent of Schools
(School District) took no position on the proper placement of the
challenged ballots. 	Service Employees International Union, Local 715,
AFL-CIO (SEIU) and the Organization of Professional and Technical
Employees 	(OPTE) took the position that the positions of film clerk/
packer, film inspector I and film inspector II are appropriate to the
operations support services unit. 	California School Employees
Association, Chapter 519 (CSEA) took the position that these positions
are appropriate to the office technical and business services unit.
The Educational Media Center handles distribution of inter-
office mail and maintains and repairs film for distribution to
approximately 400 schools in Santa Clara County. 	The film library
contains approximately 4500 titles and 16,500 prints.
All of these classifications are physically located in the Media
Center.
Delivery drivers for the Media Center follow the same route each
day. 	The film clerk/packer is responsible for pulling films for the
following day's delivery and packing them in the proper sequence for
delivery. 	In doing this, the film clerk/packer transcribes numbers
from one list to another. 	If a film cannot be located, its number is
circled and the film clerk/packer goes to the rack where drivers
unload to see if it is there.
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Packing begins with large films and works to small and with
the last school on the route and works to the first. 	Each copy
letter is recorded for tracing and filed on a clip board for the
route.
Film clerk/packers occasionally substitute for film inspectors.
Three out of seven film inspectors substitute for delivery drivers.
It has been a long time since a film clerk/packer has substituted
for a delivery driver. 	If either a film inspector or film clerk/packer
substitute for a delivery driving, 	they would be working out of their
class and paid at a different rate if they do so for over two days.
The film inspector I loads and unloads film he checks from a
cart and operates an automatic film inspection machine which detects
any defects in the film. 	The machine stops for a defect and the film
inspector I repairs the defect using marking pens and splicer and then
continues running the film. 	The film lead and number are checked
visually by the film inspector I who maintains an adequate amount of lead
and tail on the film. 	Seven to seven and 1/4 hours of an eight hour day
are spent at the machine inspecting film.
The supervisor was of the opinion that the film inspector I was
more of a technical than a physical job. 	Ability in reading, writing,
speaking and manual dexterity is required for the position.
The film inspector II performs the work of the film inspector I
and, in addition, has responsibility for minor repairs and adjustments
to the film inspection equipment and for evaluating damage and is
responsible for recommending replacement of footage or of an entire
film.
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While no uniform is required, 	employees in the department generally
dress casually; 	the employer does provide safety glasses for film
inspectors and requests their use.
Delivery drivers work staggered shifts from 6:00 a.m. 	to 2:30 p.m.
and from 9:00 a.m. 	to 5:00 p.m. 	Other employees in the department work
from 8:00 a.m. 	to 4:30 p.m.
Ability to lift up to 70 pounds is a requirement for the delivery
drivers. 	Film clerk/packers must be able to push a cart when fully
loaded with film; 	the record reflects that the cart is easy to push.
While they prepare lists of film by number in the pulling process, 	there
is no requirement that they have typing skills.
While it takes from 3-4 weeks to 2-3 months to become proficient
as a film inspector, 	the work can be performed after a couple of
hours of training.
In the last ten years, six employees have gone from the classifica-
tion of film inspector to delivery driver and one has returned to the
classification of film inspector from delivery driver.
The film clerk/packer job description provides that this
classification "performs routine clerical duties related to the
preparation of film packing" and gives examples such as "puts
delivery sheets into route order...verifies count of films going to
each school; adds and records monthly totals by schools and routes;
sorts and shelves by number," 	The job also requires the employee
"to act as a relief driver when needed" and thus requires the appropriate
licenses and it indicates ability to do heavy lifting may be required.
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The film inspector I job description requires specific clerical
tasks such as "records film content card, remarks", but also requires
appropriate licenses to substitute as a delivery driver and may require
ability to do heavy lifting.
The film inspector II job description does not require that this
classification be able to do heavy lifting or be qualified to substitute
for delivery drivers. 	It does require technical skills to repair and
maintain equipment and maintain inventory of required supplies and
equipment.
Within the Educational Media Center, the film clerk/packers and
film inspectors work with the film libraries, film distribution clerk,
and film router and checker, all of whom are within the office technical
and business services unit. 	The film librarian maintains the records
of film and arranges the preview and purchase of film. 	The film
distribution clerk performs clerical duties involved in the preparation
and shipping of media materials. 	The film router and checker performs
clerical duties in preparation, checking, and follow-up of film
orders.
In Sweetwater,1 the Board outlined the presumptively appropriate units
among classified employees based on community of interest criteria, pursuant
to Government Code Section 3545 (a). 	There, as here, the extent to which such
employees belong to the same employee organization and the effect of the
size of the unit on the efficient operation of the school district were
not an issue in arriving at a determination as to appropriate units.
1 EERB Decision No. 4, November 23, 1976.
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The office technical and business services unit and the operations-support
services unit in which consent elections were held in this case are presump-
tively appropriate units under Sweetwater. 	To determine in which unit
or units the film clerk/packer, 	film inspector I and film inspector II
are appropriate, 	it is necessary to look to the criteria used by the Board
in Sweetwater. 	The presumptive community of interest for office
technical and business services classifications and for operational-support
classifications was based on work function, educational requirement,
compensation, work hours and supervision.
The film clerk/packer, 	film inspector I and film inspector II are
supervised by the Educational Media Center distribution supervisor.
He supervises the delivery drivers who are in the operations-support services
unit and the film distribution clerk who is in the office technical and
business services unit. 	Thus, supervision is clearly not a determinative
factor.
Compensation is not reflected in the record and thus does not form
the basis for this decision.
In so far as work hours are a factor, it provides support for
finding that these employees are appropriate to the office technical
and business services unit. 	The film clerk/packer and film inspector I
and film inspector II all work regular hours from 8:00 a.m. 	to 4:30 p.m.
as opposed to delivery drivers who work staggered shifts. 	Each position
in question reports to a site and remains there throughout the work
day. 	This, too, is more akin to the office technical and business
services unit than to operations-support services who move about the
grounds or District.
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Finally, in terms of work function, the film clerk/packer, film
inspector I and film inspector II are appropriate to the office technical
and business services unit. 	In determining whether these employees
perform functions which involve "providing a proper physical environment
and support services for students" or "generally...perform clerical and
record-keeping work...[and] are required to type, operate business
9
machines, maintain files and keep records," ' other employees included in
each unit must be considered. The operations-support services unit
includes: 	bus driver, bus driver/custodian, bus driver mini, bus driver-
ROP, bus driver/trainer, children's center assistant cook, children's
center cook, communications dispatcher I, communications dispatcher II,
cook, custodian, custodian/night, custodial aide, delivery driver, food
service worker, gardener, head bus driver, head cook, head custodian/
utility and maintenance man, storekeeper, storekeeper's assistant,
transportation driver, vehicle service worker, head custodian.
Within this unit, only the communications dispatcher I and II and
storekeeper and storekeeper's assistant perform job functions which have
any similarity to those performed by the film clerk/packer and film
inspector I and II. 	The dispatcher classifications receive and transmit
radio communications for all vehicles operated by the school district
and maintain complete radio logs, maintain and update vehicle status
and student emergency card files and other clerical functions. 	The
distinguishing characteristics of these positions is that they are part
of a team which provides direct support to students. 	They receive
dispatches from bus drivers relating to student problems such as
seizures, convulsions and hyperactive students, and dispatch drivers
?
2
Fremont unified School District, EERB Decision No. 6, December 16, 1976.
-9-

to residences where 	no one is there to receive students or to locations
of bus break down or accidents to pick up students.
The film clerk/packer and film inspector I and II fill orders or
inspect and repair film on behalf of teachers and provide no direct
contact or support for students.
The storekeeper and storekeeper's assistant check goods received
against invoices or purchase orders, unpack, sort and store and withdraw
items to fill orders. 	By way of recordkeeping, they take inventory
and maintain perpetual inventory records. 	To distinguish these positions
from that of film clerk/packer, 	they make pick-ups and deliveries by
hand or motorized vehicles, they set up the conference rooms as
required and move equipment from one department to another or one school
to another and maintain the storage areas in a neat and clean condition,
load and unload trucks, and operate forklifts and related equipment.
The office technical and business services unit includes the
following classifications: account clerk I, account clerk II, account
clerk III, bookkeeping machine operator, budget technician, buyer,
children's center clerk, clerical supervisor, clerk stenographer,
computer operator I, computer operator II, computer operator III,
computer operator trainee, computer terminal operator, conference center
manager, credentials technician I, credentials technician II, customer
service representative, data processing control clerk I, data processing
control clerk II, data processing equipment operator, data processing
production coordinator, development manager, duplicatinging services
machine operator, field counselor-child care pilot study, file clerk,
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film booking clerk I, film booking clerk II, film distribution clerk,
film librarian, film router and checker, fiscal secretary, graphic arts
specialist, graphic arts technician, job developer-VOICE, lead computer
terminal operator, learning assessment technician, library technical
assistant, mail clerk, office assistant-special schools, office assistant-
VOICE, orthopedic artisan, payroll services advisor, personnel clerk,
personnel technician, position referral interviewer, production operator,
production specialist, program assistant/special schools, programmer
analyst I, programmer analyst II, programmer analyst III, publications/
conference center clerk, receptionist/superintendent's aide, receptionist/
superintendent's aide assistant, records clerk, regional clerk, reproduction
services operator, research assistant I, research assistant II, resource
field leader, resource specialist (compensatory education), retirement
clerk, school attendance accounting technician, school supply clerk,
secretary I, secretary II, secretary III, secretary/attendance accounting
clerk, secretary/bilingual I, secretary/bilingual II, senior programming
analyst, statistical liaison, supervising account clerk I, supervising
account clerk II, supervising/recording secretary, systems programmer,
tape librarian, television station operator, television station technician,
testing proctor, traffic specialist, typist clerk I, typist clerk II,
typist clerk III, typist clerk 	I/bilingual, unemployment insurance clerk,
vocational services counselor, xerox operator.
Several positions within the office technical and business services
unit perform work functions which are similar to those of the film
inspector I and II including the duplicating services machine operator
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who operates offset duplicating machines by making adjustment to paper
feed and guides, mixing and matching inks and regulating ink flow,
and making minor repair and adjustments, and the xerox operator who
operates, cleans and maintains the xerox machine and collator.
Other positions in the unit perform work functions similar to the
film clerk/packer including aspects of the work function of the computer
terminal operator (receives requests for information, check files and
records to obtain and transmits). 	While this job is apparently more
complex, 	it clearly involves a similar work function.
Unlike custodians, bus drivers, gardeners and food service employees
who provide a proper physical environment and direct support services
for students, these positions file orders, maintain records and repair
film to fill requests by teachers for films. 	The work functions are
more clerical and technical in nature.
The proposed decision is that the office technical and business
services unit should be amended to include the positions of film clerk/
packer, 	film inspector I and film inspector II. 	This proposed decision
turns on community of interest including the regular hours of these
employees, 	their fixed work location and work function.
Staff Administrator/Research Psychologists
Initially, the school district and CSEA took the position that the
position of the staff administrator/research psychologist was a manage-
ment position.J It was so designated by the school district. 	SEIU and
OPTE took the position that the position was not managerial. 	After one
day of hearing, 	the school district, SEIU and OPTE stipulated that this
If the position is not management, it would be appropriate to the office
technical and business services 	in that it does not require certification;
the record reflects it is a classified position.
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position was neither management nor supervisory. 	CSEA continued to
maintain that the position was management.
The job requirements for the staff administrator/research
psychologists require a "Ph.D., Research Design, Statistics,
Computing, Learning and Behavior." 	The position is responsible for:
Research development, assessment, planning,
management information systems, program
evaluation, master plan coordinator, curric-
ulum instruction as related to program
objectives, and experimental programs.
Only items (15) and (16) of the job description could describe
management or supervisory tasks:
(15) 	Serves as member of assistant superintendent's
cabinet providing input in the decision-making
model.
(16) 	Performs other duties as assigned periodically
by the assistant superintendent of special schools
and services.
The record reflects that the school district had designated approximately
one in six or seven positions as management. 	SEIU Exhibit No. 2 reflects
that the assistant superintendent special schools and services division
did not consider the staff administrator/research psychologist to be
management.
The person in the position of staff administrator/research
psychologist is responsible for a proposed budget and may make capital
expenditures if it is within the budget and approved by the assistant
superintendent for special schools and services, his supervisor. 	The
size of the budget is based on the number of children in the program.
On Friday mornings, the superintendent's cabinet meets. 	This
body consists of assistant superintendents, associate superintendents
and directors. 	It is referred to as the "mini cabinet" and is concerned
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primarily with line management functions and policy functions. 	The
staff administrator/research psychologist is not a member of the mini
cabinet and not required to attend its regularly scheduled meetings.
The "maxi cabinet" is composed of all employees designated as
management and is concerned with research and evaluation such as kinds
of testing instruments and evaluation design. 	The staff administration/
research psychologist stopped attending "maxi cabinet" meetings and has
not been reprimanded for his failure to do so. 	He stated he stopped
attending because problems were discussed but never resolved.
The staff administrator/research psychologist is concerned with
problems relative to how to evaluate learning. 	The decision on whether
to evaluate is made at the assistant superintendent's level.
The position does not play any role in labor relations or the
processing of grievances on behalf of the school district.
The staff administrator/research psychologist works with a team
of three other employees. 	He is responsible for overseeing programs and
looks to the staff administrator/research psychologist regarding
theory and technical data. 	The assistant superintendent for special
schools and services supervises the employees on the team in that he
would approve items like sick leave or vacations. 	The staff administrator/
research psychologist has been told he has no authority to approve leaves.
Work is assigned within the team by mutual agreement. 	If no mutual
agreement could be reached, the staff administrator/research psychologist
would be responsible for assigning work within the program as he is
responsible for development of programs. 	Were it necessary to assign,
the assignment would be routine in nature based upon the technical ability
of each team number. 	Once work is assigned, each team member works
independently.
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The staff administrator/research psychologist indicated he is
supposed to evaluate employees on the team but does not do so. 	He has
not been reprimanded for failure to do so. 	On one occasion when he com-
plained to the assistant superintendent about random computer errors by
an employee or the team, 	the assistant superintendent took no action.
Members of his team belong to the same employee organization as the staff
administrator/research psychologist. 	He has represented members of his
team and others as a representative of the employee organization in
requesting that the school district reclassify them or make pay
adjustments.
When the research assistant was hired, 	113 persons applied and the
staff administrator/research psychologist reviewed their technical
qualifications and narrowed the list to 13. 	The eligibility commission
narrowed the list to three. 	The assistant superintendent for special
schools and services questioned the qualifications of the three and
recommended that one be hired.
The staff administrator/research psychologist has the same hours
and benefits as other members of the unit. 	He is not authorized to
assign overtime, schedule work hours, discipline, suspend or terminate.
Ninety-five to ninety-eight percent of his time is spent working with
the computer and other equipment.
Like T.V. technicians, he has a key to the building. 	He
requested it so he would be able to protect equipment in an emergency.
Government Code Section 3540.l(g) defines 'management employee":
"Management enployee" 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.

Here, the school district has withdrawn its designation of the
staff administrator/research psychologist as management. 	Whether or not
we can find an employee management where the public school employer has
not designated him as management need not be addressed because the
evidence would not support such a finding in any event. 	The record
reflects that the "mini cabinet" formulates district policies. 	The
staff administrator/research psychologist is not a participant in that
body. 	Like psychologists in the Oakland4 decision, the staff adminis-
trator/research psychologist exercises discretion only in his area of
expertise, testing and evaluation. 	Nor can it be said that this position
has significant responsibility for administering programs. 	The record
reflects that the position determines how to evaluate but has no
authority to determine whether or not to evaluate.
Based on the foregoing, 	the proposed decision is that the position
of staff administrator/research psychologist is not a management position.
Supervisory employee is defined by Section 3540.l(m) of the
"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.
3Government Code Section 3543.4.
4Oakland Unified School District, EERB Decision No. 15, March 28, 1977.
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Clearly, the assistant superintendent for special schools and
services has retained the right to hire, approve vacations and leaves,
and the staff administrator/research psychologist has no authority to
assign overtime, schedule work hours, discipline, suspend or terminate.
While he has input as to technical qualifications in the hiring process,
the ultimate decision is reserved to the assistant superintendent for
special schools and services.
The role and responsibility of the staff administrator/research
psychologist is similar to that of department heads in the New Haven 5
decision. 	He has the greater experience and expertise, but does not
exercise any real authority.
Like the older, more experienced employee who functions as a
leadman, this position is one of technical expertise. 	The position
is responsible for the program, but 95 to 98 percent of the time of
the staff administrator/research psychologist is spent actually working
with the computer and other equipment. 	He does not evaluate other
employees in the unit and the school district does not reprimand him
for failure to do so. 	He does not assign work within the unit, but is
responsible for the work performed. 	"Having authority in the interest
of the employer" to perform specific tasks or effectively recommend
specific actions relative to other employees must at least involve that
the employer expect or require such responsibility and that the employee
in fact assume the authority. 	Where, as here, the school district has
5 New Haven Unified School District, EERB Decision No. 14, March 22, 1977.
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not assigned the authority, 	included it in the job description,
reprimanded the employee for failing to exercise the authority, 	or
inquired and sought input from the employee relative to hire, 	transfer,
suspension, layoff, recall, promotion, discharge, assignment, reward
or discipline, it cannot be said that the employee has the authority.
Each member of the team works independently of one another, with
the staff administrator/research psychologists possessing the greatest
technical expertise and acting as a crew leader. 	All of the team share
common hours and benefits and all look to the assistant superintendent
for special schools and services to hire, approve leave and vacations.
For the foregoing reasons, 	it is the proposed decision that the
position of staff administrator/research psychologist is not supervisory.
PROPOSED DECISION
It is the proposed decision that:
1. 	The office technical and business services unit shall be
amended to include film clerk/packers, 	film inspector I and film
inspector II.
2. 	The staff administrator/research psychologist is not a
management or supervisory employee within the meaning of Government
Code Section 3540.l(g) or Section 3540.l(m).
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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
section 33380 of the Rules and Regulations. 	If no party files timely
exceptions, 	this proposed decision will become a final order of the
Board on June 10, 	1977, and a notice of decision will issue from the
Board. 	At that time the regional director is instructed to open each
of the challenged ballots determined to be valid herein, 	to file a
revised tally of ballots consistent with this decision, and to certify
an exclusive representative of the employees in the office-technical
and business services unit or to conduct a runoff election as appropriate.
Dated: 	May 27, 1977
Sharrel Wyatt
Hearing Officer
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