PERB Decision No. 0247HB•Regents of the University of California Professional Librarians (PERB 0247HB)
Regents of the University of California Professional Librarians (PERB 0247HB)
PERB Decision No. 0247HBCalperb23 de mar. de 1983
Texto completo
STATE
OF
CALIFORNIA
DECISION
OF THE
PUBLIC
EMPLOYMENT
RELATIONS
BOARD
IN
THE
MATTER
OF:
UNIT
DETERMINATION
FOR
PROFESSIONAL
LIBRARIANS
OF THE
UNIVERSITY
OF
CALIFORNIA
PURSUANT
TO
CHAPTER
744
OF
THE STATUTES
OF
1978
{HIGHER
EDUCATION
EMPLOYER-EMPLOYEE
RELATIONS
ACT)
)
)
)
)
)
)
)
)
)
____________________
)
Case
No.
SF-PC-1001
et
al.
PERB
Decision
No. 247b-H
March 23, 1983
Appearances:
Philip
E.
Callis,
Attorney for
California
State
Employees
Association;
Robert
J.
Bezemek,
Attorney (Bennett
&
Bezemek)
for the
American
Federation of
Teachers;
Douglas
H.
Barton,
Attorney (Corbett,
Kane, Berk
&
Barton)
and
James
N.
Odle, Associate
Counsel
for the
Regents
of the
University of
California.
Before Tovar,
Jaeger,
Morgenstern
and
Burt,
Members.*
DECISION
On
September 30, 1982,
the
Public
Employment
Relations
Board
(PERB
or
Board)
issued
a
decisionl
under
the Higher
*Chairperson
Gluck
did not
participate
in
this decision.
lunit
Determination for
Professional Librarians of the
Universit of California
Pursuant to
cha
ter
744
of
Statutes
of
1g
er
E uca
ion
Emp
oyer-Emp oyee
Re
at1ons Act
(9/30/82)
PERB
Decision
No. 247-H. See
also
the
decisionconcerning requests for reconsideration
and
judicial
review,
Unit Determination for Technical
Employees;
Clerical
Employees;
Service
Em~loyees;
Professional Scientists
and
Engineers,
Lawrence Livermore National Laboratory; Professional
Librarians;
and
Professional Patient
Care Employees
of the
University of California Pursuant to Chapter
744
of the
Statutes of
1978 (Higher Education Employer-Employee
RelationsAct) (2/4/83)
PERB
Decision
Nos. 24la-H and 244a-H through
248a-H.Education Employer-Employee Relations Act (HEERA)2 creating a bargaining unit of professional librarians for employees at the University of California (UC). Pending that decision, exclusionary issues were raised by the parties with respect to the alleged managerial, supervisory, confidential and casual status of employees in the professional librarians unit, as well as several other proposed UC units. The hearing on these exclusionary issues began on July 14, 1982. See Unit Determination for Employees of the Regents of the University of California (9/4/81) PERB Order No. Ad-114-H and (4/20/82) PERB Order No. Ad-114a-H. It soon became apparent that the development of the record for this and related UC units would be an unduly lengthy and complex process since a total of approximately 7,000 exclusionary issues were involved. As a result, on August 4, 1982, during testimony pertaining to another unit, the Board ordered the hearing suspended pending further procedural orders. Unit Determination for Employees of the Regents of the University of California (8/4/82) PERB Order No. Ad-114b-H. Thereafter, on August 12, 1982, the director of representation issued a pre-hearing notice and order for 2The HEERA is codified at Government Code section 3560 et seq. All statutory references are to the Government Code unless otherwise specified. 2
investigation, production of documents, and hearing. See -- Unit Determination for Employees of the Regents of the University of California (Exclusionary Phase) (9/14/82) PERB Order No. Ad-114c-H. This order directed UC to submit declarations and relevant supporting documents to support each whole classification (List A submission) and each individual employee (List B submission) exclusionary claim. The order provided that the documentation submitted by UC should be legally sufficient to constitute its case-in-chief for all disputed classifications and employees. The employee organizations were directed to review the material submitted by UC and to submit counter-declarations and relevant documents where they opposed - □ C's exclusionary claims. The employee organizations were advised that a failure to file counter-declarations would be deemed a waiver of opposition to the claim unless opposition was stated on the ground that a prima facie case was not established by UC. The parties were then advised that PERB would examine the disputed claims on the basis of the totality of materials submitted by the parties to determine whether a sufficient case was presented for decision by the Board itself, or whether further investigation or formal hearing would be required to resolve disputed issues of fact. As a result of the procedural history described above, the record in this matter substantially consists of declarations 3
submitted by UC and the American Federation of Teachers (AFT) .3 AFT's and California State Employees Association's (CSEA) cases consist mainly of the argument that UC's documentation is insufficient to establish a prima facie case for exclusion. Therefore, they contend, none of the claimed exclusions should be allowed. The record also consists of the transcript and exhibits in the matter of the Unit Determination for Professional Librarians of the University of California, supra, PERB Decision No. 247-H, including class specifications, job descriptions, the staff personnel manual and salary schedules. As discussed, infra, the record in some cases establishes and in some cases does not establish a prima facie case sufficient to exclude the disputed classifications and employees. As part of their responses to PERB's request for argument, CSEA and AFT submitted a joint list of 58 librarians whom they agree should be excluded from the unit as supervisory. These employees are listed in Appendix A attached hereto. Although not formalized in a written agreement, this list is tantamount to a stipulation with UC. The Board has held that it will approve a stipulation in a unit determination matter when the 3specifically, UC submitted 189 declarations in supportof managerial, supervisory, confidential and casual exclusions. AFT responded with two counter-declarations disputing UC's supervisory claims and CSEA with none. 4
stipulation does not contravene the Act or established Board policies. Centinela Valley Union High School District (8/7/78) PERB Decision No. 62. A review of the record reveals that it is adequate to support the stipulations. Therefore the stipulations are approved by the Board.4 DISCUSSION The terms "managerial employee", "supervisory employee" and "confidential employee" are defined in subsection 3562(1) ,5 4The Board does not specifically designate these employees as supervisors. In the State Employer-Employee Relations Act, Phase III, Unit Determination Proceeding (10/18/79) PERB Order No. Ad-79-S, the Board stated that it: ••. views the focus of the Phase III unit determination proceedings to be a determination of those rank and file employees who are to be included in the designated appropriate units. However, the burden is on the .•• party which may seek to exclude employees from uni ts because of alleged managerial, supervisory or confidential status--to affirmatively justify their exclusion. This can be done by showing evidence of actual job requirements which would disqualify the subject employees from placement in representation units irrespective of which exclusionary category those employees may fit. Thus, the Board approves only the exclusion of the employees from the unit and not the specific basis for the exclusion. 5subsection 3562(1) provides: "Managerial employee" means any employee having significant responsibilities for formulating or administering policies and programs. No employee or group of employees shall be deemed to be managerial employees 5
section 3580.36 and subsection 3562(e)7, solely because the employee or group of employees participate in decisions with respect to courses, curriculum, personnel and other matters of educational policy. A department chair or head of a similar academic unit or program who performs the foregoing duties primarily on behalf of the members of the academic unit or program shall not be deemed a managerial employee solely because of s uch du ti es • 6section 3580.3 provides: "Supervisory employee" means any individual, regardless of the job description or title, having authority, in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. With respect to faculty or academic employees, any department chair, head of a similar academic unit or program, or other employee who performs the foregoing duties primarily in the interest of and on behalf of the members of the academic department, unit or program, shall not be deemed a supervisory employee solely because of such duties; provided, that with respect to the University of California and Hastings College of the Law, there shall be a rebuttable presumption that such an individual appointed by the employer to an indefinite term shall be deemed to be a supervisor. Employees whose duties are substantially similar to those of their subordinates shall not be considered to be supervisory employees. ?subsection 3562(e) provides: "Confidential employee" means any employee who is required to develop or present management 6
respectively.a The definitions in these sections of HEERA essentially parallel the definitions of managerial, supervisory and confidential employees found in the State Employer-Employee Relations Act (SEERA) .9 positions with respect to meeting and conferring or whose duties normally require access to confidential information which contributes significantly to the development of such management positions. 8Managerial and confidential employees are excluded from coverage under HEERA in subsection 3562(f). Supervisory employees have limited rights as set forth in section 3580 et seq. 9The SEERA is codified at section 3512 et seq. The definition of "managerial employee" in subsection 3513(e) of SEERA refers to agency or department -policies or programs, does not exclude decisions relevant to courses, curriculum, personnel and other matters of educational policy, and does not include reference to department chairpersons. Subsection 3513(e) provides: "Managerial employee" means any employee having significant responsibilities for formulating or administering agency or departmental policies and programs or administering an agency or department. The definition of "supervisory employee" in section 3522.1 of SEERA does not contain the department chairperson language of HEERA. Section 3522.1 provides: "Supervisory employee" means any individual, regardless of the job description or title, having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action, if, in connection 7
In deciding this case, we find no reason to depart from the Board's conclusions regarding exclusionary issues set forth in Unit Determination for the State of California Pursuant to Chapter 1159 of the Statutes of 1977 (State Employer-Employee Relations Act) (12/31/80) PERB Decision No. llOc-s.10 Thus, we conclude that the burden of proving an exclusionary claim rests with the party asserting it.11 Stipulations of fact submitted by the parties are accepted as conclusive. Additionally see the detailed discussion regarding managerial with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. Employees whose duties are substantially similar to those of their subordinates shall not be considered to be supervisory employees. The definition of "confidential employee" in subsection 3513(£) of SEERA refers to individuals who develop or present management positions with respect to II employer-employee relations" as compared to "meeting and conferring." Subsection 3513(f) provides: "Confidential employee" means any employee who is required to develop or present management positions with respect to employer-employee relations or whose duties normally require access to confidential information contributing significantly to the development of management positions. lOunit Determination for Employees of the California State University and Colleges Pursuant to cfiapter 744 of the Statutes of 1978 (Higher Education Employer-Emplo 7ee Relations Act) (9/22/81) PERB Decision No. 173-H and (11/17 81) PERB Decision No. 176-H. llsee also In Re: The State Employer-Employee Relations Act, Phase III, Unit Determination Proceeding, supra, PERB Order No. Ad-79-S. 8
and supervisory employees in Unit Determination for Professional Scientists and Engineers, Lawrence Livermore National Laboratory, of the University of California Pursuant to Chapter 744 of Statutes of 1978 (Higher Education Employer-Employee Relations Act (3/8/83) PERB Decision No. 246b-H, at p. 8 et seq. As was stated in that case, the Board's analysis according to the principles established in the SEERA unit determination decision has been complicated because the record provides few direct facts regarding the amount of time the employees in issue perform duties substantially ' the same as those of their subordinates, or whether the exercise of supervisory duties is sporadic and atypical or requires the use of independent judgment. Abse~t such facts, the evidence must be conservatively approached. Thus, the point at which an employee's supervisory obligation to the employer outweighs the entitlement to the rights afforded rank-and-file employees will be reached only where the record indicates the substantial performance of supervisory duties. Additionally, certain supervisory duties may indicate a serious potential for a conflict of interest with bargaining unit members and thus require the exclusion of the employee. ORGANIZATION OF THE UC LIBRARY SYSTEM An overview of the UC library system is essential in order to accurately apply the exclusionary criteria set forth in the statutes. 9
The system is complex, consisting of at least one main library and often several branch libraries on each University campus. In addition, there are 10 unaffiliated libraries located in various academic departments.12 The upper echelon of management at a main or branch library consists of the university librarian who heads the facility, and the assistant university librarians and associate university librarians who work directly under him or her. Incumbents in these positions share the top-level management responsibilities of their respective libraries. None of these positions were placed in the professional librarians unit established by the Board. The second echelon of library employees are grouped in the following descending series with titles as follows: librarian, associate l.ibrarian and assistant librarian. Incumbents in these positions are at the crux of this dispute. An appointment to a position in any titl~ in this series falls within one of three categories: career, potential career, or temporary.13 A potential career appointment is distinguished 12see HEERA Unit Determination Hearings, Phase I - Exhibit 35: University of California Libraries: A Plan for Development 1978-88, at pp. 207-210. The UC Berkeley Law Library is an example of an unaffiliated library. 13see HEERA Unit Determination Hearings, Phase I - Exhibit 34: Academic Personnel Manual at section 82-17. 10
from a temporary appointment by the fact that no definite date of termination of the appointment is specified. Additionally, only appointees in potential career appointments may qualify, after a trial period and careful review, for a continuing career appointment. Generally, librarians work in one of two departments-- public service or technical service. Public service deals with reference materials and the circulation of library materials. Approximately 70 percent of the librarians are assigned to the public service branch at each campus. They have significant contact with students, faculty and researchers. Technical service relates to the acquisition and cataloging of the library collection. Librarians in the technical service branch have contact with administrative professionals such as computer programmers and analysts. EXCLUDED SUPERVISORY EMPLOYEES Following the parties' agreement to the exclusion of the employees listed in Appendix A, 127 employees in the librarians unit remain in dispute.14 UC has designated 121 of these employees as supervisors.15 The evidence submitted by UC in support of excluding each of these individuals is largely identical in content and specificity. 14see the discussion, supra at pp. 4 and 5. 1 5uc has designated the remaining six employees as managers, to be discussed, infra. 11
The record does not provide a detailed account of the day-to-day duties of any librarians. Absent rebutting evidence, however, the Board finds that UC has established in most instances a prima facie case for exclusion. The excluded employees are listed in Appendix B attached hereto. While ~here are slight variations in the record regarding Appendix B employees, the following general statements hold true. With regard to authority to hire, Appendix B employees either select from a pool of applicants the individuals to be hired into t.heir work unit, or make recommendations with regard to the hiring of job applicants that are routinely followed. Further, Appendix B employees are responsible for the annual and probationary performance evaluations of their subordinates. With respect to probationary employees, the performance evaluations are critical to a determination that the employees will either be retained or discharged. The combination of these duties indicates that Appendix B employees play a significant role in hiring decisions which affect their subordinates. The record shows that some Appendix B employees are directly responsible for merit salary increase and promotion decisions or make recommendations in these matters which are routinely followed. In numerous other areas, including 12
discipline and grievances, Appendix B employees have either the authority to take action or to recommend effectively a solution or action. It is not necessary to state categorically that any of the foregoing duties would alone establish supervisory status. Taken as a whole, the many and various responsibilities are sufficient to establish supervisory status. This is especially so because the evidence in favor of exclusion is unrebutted. CSEA and AFT argue that, notwithstanding the evidence of supervisory authority, the employees designated by UC as supervisors should not be excluded from the unit for two reasons. First, they perform work substantially similar to that of their subordinates and, second, they supervise only employees who are not members of the unit. However, with the exception of the two employees discussed, infra, there is no evidence in the record to support the claim that they perform work substantially similar to that of their subordinates. Similarly, the record does not indicate that their supervisory duties are limited to nonunit employees. Further, the fact that supervisors supervise only nonunit employees does not preclude designation of them as supervisory.16 16As the Board pointed out in Sacramento City Unified School District (3/25/80) PERE Decision No. 122 at p. 13, both the Educational Employment Relations Act and the National Labor 13
In conclusion, the Appendix B employees are excluded from the unit on the basis that there has been an unrebutted prima facie showing that they are supervisors within the meaning of section 3580.3. APPENDIX C EMPLOYEES INCLUDED AFT submitted two counter-declarations to support the inclusion of two employees. The declarants are Stanley Stevens, an associate librarian (3616) at the Santa Cruz library, special services section, map unit; and Raymond Philip Hoehn, Jr. (3612), a map librarian, government documents department at UC Berkeley. The evidence indicates that Mr. Stevens is responsible for the physical environment of the map room, equipment and supplies. These responsibilities occupy 80 percent of his time. Supervision of three nonunit employees occupies approximately 10 percent of his time. Mr. Hoehn's responsibilities include acquiring, cataloging and providing reference services for cartographic materials. Relations Act contain the same rationale for the exclusion of supervisors from rank and file units: ••. to protect management's interest inthe undiluted loyalty of those employees to whom it delegates supervisory responsibilities and to guard against potential conflicts of interest between supervisors and the employees they supervise. This rationale is equally applicable to HEERA. 14
Ninety percent of Mr. Hoehn's time is spent doing these duties and five percent is spent representing the unit at various meetings. Supervision of two nonunit employees occupies approximately five percent of his time. The record reflects that Hoehn and Stevens are professionals who spend, at most, 10 percent of their time on supervision, that such.supervision is exercised over nonprofessional employees who are not in the unit petitioned 1 for, and that the supervised employees are performing work which is merely adjunct to the professional duties of Hoehn and Stevens. Such supervisory activity is incidental to their professional activities, and is not carried out essentially in the interest of their employer. Redlands Unified School District (8/27/82) PERB Decision No. 235. It is this combination of factors which persuades us that their inclusion would not present a danger of conflict of interest within the unit, and that their infrequent exercise of supervisory authority is insufficient to ally their interest with management so as to create the more generalized conflict of interest which the Legislature sought to avoid when it declared that supervisors are to be excluded from rank and file units. This rationale was expressed as follows by the National Labor Relations Board in Adelphi University (1972) 195 NLRB 639, 644 [79 LRRM 1545]: 15
The underlying rationale of this body of precedent is that an employee whose principal duties are of the same character as that of other bargaining unit employees should not be isolated from them solely because of sporadic exercise of supervisory authority over nonunit personnel. No danger of conflict of interest within the unit is presented, nor does the infrequent exercise of supervisory authority so ally such an employee with management as to· create a more generalized conflict of interest of the type envisioned by Congress •••• Mr. Stevens and Mr. Hoehn are therefore included in the unit, as indicated in Appendix C attached hereto. A handful of the employees designated by UC as supervisors simply do not possess the requisite supervisory authority to warrant their exclusion from the unit. These employees are listed in Appendix c. The record reveals that these employees have, at the most, only advisory power in matters of hiring, transfers, salary increases, promotions, discipline and grievances. Viewing the record as a whole, the evidence presented on these employees does not establish a prima facie case for exclusion. Thus, we find Appendix C employees to be appropriately included in the unit. MANAGERIAL EMPLOYEES UC seeks to exclude 16 employees ~rom the unit as managerial. Ten of these 16 employees have been excluded as at 16
least supervisory pursuant to the parties' agreement.17 The remaining six employees are incumbents in three classifications.18 The six employees designated by UC as managerial perform virtually the same duties. The record reveals that these employees are solely responsible for the overall operation of their units. They also have individual responsibility to develop and administer important policies and programs pertaining to their units. They exercise discretionary authority in developing and modifying institutional goals and priorities. Moreover, they perform a number of duties indicating substantial responsibility in developing, administering and modifying the unit budget. Absent contrary evidence, the Board concludes that these employees, listed in Appendix D attached hereto, have significant responsibilities for both formulating and administering UC policies and programs. Therefore, they are excluded from the unit as managerial. 17Again, as was stated in footnote 4, supra, and in the State Employer-Employee Relations Act, Phase III, Unit Determination Proceeding, supra, PERB Order No. Ad-79-S, thefocus of this decision is the determination of those employees who are to be included in the unit. The specific basis for the exclusion of an employee, whether it is managerial, supervisoryor confidential status, is not relevant for this purpose. 18pour are classified as a librarian - career status(3612). One is classified as an associate librarian - career status (3616). One is classified as an associate librarian - potential career status (3617). 17
CONFIDENTIAL
EMPLOYEES
Subsection
3562(e)
of
HEERA
provides
that
a
confidential
employee
is
one
who
is
required
to
develop or
present
management
positions
with
respect
to
"meeting
and
conferring."
This term,
like
the
term "employer-employee
relations"
in
section
3513{f)
of
SEERA,
includes,
at
the
least,
the
processing
of
employee
grievances
and
employer-employee
negotiations.19
Subsection
3562(e}
also
provides
that
a
confidential
employee
is
one whose
duties
normally
require
access to
confidential
information
which
contributes
significantly
to
the
development
of
management
positions.
The
frequency with
which an employee
has
access to or
possesses information of
a
confidential
nature
is
not
controlling.
However,
it
must be
in the
regular
course
of
the
employee's
duties
and more
than
a
happenstance.20
Specifically,
the
Board has
stated:
The mere
access to
or
possession of
confidential
information
by an employee
willnot,
however,
in
and
of
itself
result
in
19Fremont
Unified School
District
(12/16/76)
EERB
Decision
No. 6,
at
p.
11; Marin Community
College
District
(6/26/78)
PERB
Decision
No. 55,
at
p.
20; Rio Hondo Community
College
District
(12/28/82)
PERB
Decision
No. 272.
Prior to January
1,
1978,
PERB
was known as the Educational
Employment
Relations
Board (EERB).
2Osan
Rafael City Schools (10/3/77)
EERB
Decision
No.
32,
at p. 3.
18that employee's designation as confidential. A confidential employee must function as such in the regular course of his or her duties before the denial of representation rights that accompanies such classification is justified. [Footnote omitted.] 21 In sum, more than a fraction of the employees' time must be spent on confidential matters.22 The individual must have access to or possess sufficient information to warrant the conclusion that the employer's ability to negotiate with employees from an equal posture might be jeopardized, and the balance in employer-employee relations distorted, if the information was prematurely made public.23 The Board has also stated that: The assumption is that the employer should be allowed a small nucleus of individuals who would assist the employer in the development of the employer's positions for the purposes of employer-employee relations ••.• . . • the employer, in order to fulfill its statutory role in its employer-employee relations, must be assured of the undivided loyalty of a nucleus of staff designated as "confidential employees."24 2lcampbell Union High School District (8/17/78) PERB Decision No. 66, at p. 4. 22Los Rios Community College District (6/9/77) EERB Decision No. 18, at p. 21. 23campbell Union High School District, supra, PERB Decision No. 66, at p. 4. 24 sierra sands Unified School District (10/14/76) EERB Decision No. 2, at pp. 2-3. That case was decided under subsection 3540.l(c) of the EERA, which provides: 19
Section 3562(e) thus contemplates a small number of confidential employees working at the most knowledgeable levels in the areas of bargaining and grievance processing. UC contends that the evidence submitted in support of the exclusion of claimed managers and supervisors from the professional librarians unit also proves that nearly all of these individuals also meet the criteria for exclusion on the basis of confidential status set forth in subsection 3562(e}. 25 In fact, UC submitted evidence pertaining to the alleged confidential status of all except 16 of its claimed managers and supervisors. To exclude all of these employees as confidential would hardly create a "small nucleus" of employees who develop or have access to confidential information with respect to meeting and conferring. In drafting subsection 3562(e), the Legislature cannot have intended that the 169 librarians should all be excluded as confidential. In discussing the limited exclusion of confidential employees, the United States Supreme Court has recently noted that professional employees are nearly "Confidential employee" means any employee who, in the regular course of his duties, has access to, or possesses information relating to, his employer'semployer-employee relations. 25uc did not claim the exclusion of any employee in the librarians unit exclusively on the ground that the employee is confidential. 20
always likely to be privy to some confidential business information relating to bargaining and grievance issues. However, if such employees were all designated confidential, that basis for exclusion would "swallow up and displace almost the entirety of the professional-employee inclusion." NLRB v. Hendricks County Rural Electric Membership Corp. (1981) 454 U.S. 170 [108 LRRM 3105, 3110]. Instead, based on the National Labor Relations Board's "labor-nexus test," confidential status is limited to (1) those employees who assist and act in a confidential capacity to persons who formulate, determine and effectuate management policies in the field of labor relations, and (2) persons who, although not assisting persons exercising managerial functions in the labor-relations area, regularly have access to confidential information concerning anticipated changes which may result from collective bargaining negotiations. Id., 108 LRRM at 3109-3112. The evidence does not indicate that any of the librarians satisfies the labor-nexus test. For example, nearly all the disputed employees attend meetings where management positions and/or strategy with respect to collective bargaining matters are discussed. The fact that well over 100 librarians attend such meetings in itself reveals that the information discussed at such meetings is not confidential. 21
Further, the evidence presented is not sufficient to establish, without further support, that more than a fraction of the disputed employees' time is spent on the alleged confidential matters. It is apparent that the participation of these employees in bargaining and grievance matters is only incidental to their regular responsibilities in the library. Absent a showing of significant involvement in confidential matters, none of the disputed employees qualifies for confidential status. In conclusion, nothing in the record establishes that these librarians are part of the small nucleus of individuals who are actively involved in collective negotiations and grievance resolution at the highest levels, or that they regularly perform confidential duties. Given the narrow definition of confidential employee, the lack of evidence regarding the performance of confidential duties by librarians, and the apparent infrequency of performance of any duties which might exist, none of the disputed employees can be excluded from the unit as confidential. CASUAL EMPLOYEES Casual employees are those who, due to their sporadic or intermittent relationship with the employer, lack a sufficient community of interest with regular employees to be included in the representational unit. Unit Determination for Employees of 22
the California State University and Colleges Pursuant to Chapter 744 of the Statutes of 1978 (Higher Education Employer-Employee Relations Act) (9/22/81) PERB Decision No. 173-H; citing Mission Pak Co. (1960) 127 NLRB 1097 [46 LRRM 1161]. In considering the status of alleged casual employees and the appropriateness of excluding them from the librarians unit, we are required to consider the fo.llowing criteria set forth in section 3579 of HEERA which, in pertinent part, provides: (a) In each case where the appropriateness of a unit is an issue, in determining an appropriate unit, the board shall take intoconsideration all of the following criteria: (1) The internal and occupational community of interest among theemployees, including, but not limited to, the extent to which they perform functionally related services or work toward established common goals, the history of employee representation with the employer, the extent to which suchemployees belong to the same employee organization, the extent to which the employees have common skills, working conditions, job duties, or similareducational or training requirements, and the extent to which the employees have common supervision. In addition to the above statutory criteria, the Board has consistently held, in accordance with other jurisdictions, that such factors as qualifications, job function, compensation, hours of work, fringe benefi·ts, integration of work function, and interchange between employees are relevant in determining 23
community of interest.26 As stated in Monterey Peninsula Corranunity College District, Id.: •.• community of interest is not determined by going down a check list of these factors. The point of the comparison is to reveal the interests of the employees and ascertain whether they share a substantial mutual interest in matters subject to meeting and negotiation.(Citation omitted.) The interests of included employees must be mutual not distinct, and substantial not tenuous. Thus, employees may be excluded from a particular unit either because their interests are separate and apart from those of the employees in that particular unit, (citation omitted) or because their interest in negotiable matters subject to the controlof the employer is so insubstantial that they do not share mutual interests wih other unit employees. (PERB Decision No. 76 at p. 13.) UC has designated three job classifications in the librarians unit which it claims are designed for use exclusively by employees who have a casual employment relationship with the university. These classifications are temporary librarian (3614), temporary associate librarian (3618) and temporary assistant librarian (3622). 26Hartnell Community College District (1/2/79) PERB Decision No. 81; Monterey Peninsula Community College District (10/16/78) PERB Decision No. 76. See also Kalamazoo Paper Box Corp. (1962) 136 NLRB 134 [49 LRRM 1715]. 24
UC makes two arguments with regard to alleged casual employees. It first contends that any employee in these three classifications who does not qualify for membership in one of the several retirement systems for which university employees may be eligible should be deemed casual and excluded from the bargaining unit. Generally, the requirements for membership in these systems are that a university employee must work more than 50 percent time ana that the appointment be of more than a year's duration. UC argues that only employees who meet these criteria for retirement system participation have sufficient employment interests to warrant their inclusion in the bargaining unit. UC, in essence, is attempting to define a point at which an employee's relationship with the university is transformed from intermittent and sporadic to substantial and continuing. If an employee works a sufficient percent of the time and length of time to qualify him for participation in a university retirement system, then UC contends that the individual is not casual. If the employee fails to reach the qualifying plateau, then UC contends that the status of that person should per se be casual. The Board has specifically rejected such an approach. In Dixie Elementary School District (8/11/81) PERB Decision No. 171, the Board modified ari existing unit of regular 25
full-time, substitute and temporary teachers by including certain unrepresented day-to-day substitutes and temporary teachers. The Board noted that there was: ••. no indication that the [petitioned-for] teachers' interest and commitment to, or empathy with, the concerns of others within the bargaining unit is proportional to their number-of-days-employment. Moreover, to impose a threshold requirement for inclusionin the unit based on number-of-days-employment would be inevitably arbitrary [footnote omitted]. There is no rationale instructing where the line establishing the minimum should be drawn. Accordingly, this Board does not require, as a condition of unit membership, that a classroom teacher work for a specified number of days. (PERE Decision No. 171 at pp. 7-8.)27 Additionally, the Board has rejected the argument that less than 50 percent part-time employment alone should automatically result in the casual designation of an employee. See Belmont Elementary School District, Id., EERB Decision No. 7; Paramount Unified School District (10/7/77) EERB Decision No. 33. The mere fact that an employee does not work a sufficient number of days or percent of time to qualify for participation in a university retirement system does not, in and of itself, indicate that the employee does not share a community of interest with other unit members. The record reveals that the 27Temporary employees were also included in a bargaining unit of teachers in Belmont Elementary School District (12/30/76) EERB Decision No. 7, based on similar working conditions and employment as part of the regular faculty pool. 26
claimed casual employees may perform duties similar to those of career or potential career employees; receive the same rates of pay; have the same qualifications, skills and education; work the same shifts; report to the same supervisors; and receive roughly equivalent benefits. Absent evidence to the contrary, there is no reason to believe that such an employee does not share a substantial connnunity of interest with other unit employees. Ineligibility to participate in one of the university retirement systems is not, by itself, enough to persuade us differently. UC secondly argues that, if the Board does not adopt the retirement system eligibility criterion, individuals in the three classifications claimed as casual should be excluded from the librarians unit because they lack an expectation of continuing employment with the university. UC cites a host of NLRB cases for the proposition that employees who lack a "reasonable expectation of future reasonably regular employment" should be excluded as casual. Connecticut Distributors Inc. (1981) 255 NLRB 1255, 1262 [107 LRRM 1229]; see also J.R. Simplot Food Processing Division Inc. (1960) 128 NLRB 1391 [46 LRRM 1484]; American Federation of State, County and Municipal Employees (1976) 224 NLRB 1057 [93 LRRM 1137]; Advanced Mining Group, Division of Republic Corp. (1982) 260 NLRB No. 73 [109 LRRM 1281]. In all of these cases, however, 27
employees were excluded as casuals either because the parties had virtually agreed to their exclusion, or because the durations of the employees' appointments were extremely limited. This is not the case for the alleged casual employees in the librarians unit. Although employees in these temporary classifications have apparently no reason to rely on reappointment, their relationship to the university and other unit members is far from limited. They may be appointed full-time to their positions for up to two years in the same capacity as other unit members. Thereafter nothing precludes reappointment. Their work is career oriented and presumably approached with the same professional goals and expectations that all unit employees possess. They are subject to the same library policies and procedures, the same pay and promotion structure, the same working conditions, and the same disciplinary rules. Based on these facts we find that the employees in the alleged casual classifications possess a significant community of interest with other unit members, and therefore, should be included in the unit. ORDER Upon the foregoing Decision and the entire record in this case, the Public Employment Relations Board ORDERS that: 28
(1) The employees listed in Appendix A are excluded from the Professional Librarians Unit according to the agreement of the parties and based upon the factual record in this proceeding. (2) The employees listed in Appendices Band Dare excluded from the unit as supervisory or managerial for the reasons stated in the foregoing Decision. (3) The employees listed in Appendix Care included in the unit for the reasons stated in the foregoing Decision. (4) No employees are excluded from the unit as confidential for the reasons stated in the foregoing Decision. (5) The classifications of temporary librarian (3614), temporary associate librarian (3618) and temporary assistant librarian (3622) are not casual and are included in the unit for the reasons stated in the foregoing Decision. (6) Any technical errors in this Order shall be presented to the director of representation who shall take appropriate action thereon in accordance with this Decision. By the BOARD 29
03/l9/B3
CODE _______ _
361.2
3612
:5612
3t:)l2
3612
3612
3612
3612
:3612
3612
flTL.E _tl,~ME
Lrllnl CAR
Ll:t PIJ CAR
LBRN -- UiR
U:f/N CAR
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u,rw CAR
L/.!RN CAR
LllflN CM{
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u1rm Ct;R
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u:irm CAR
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LE•PN CAR
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L.Eel~tJ ·- Cr'iH
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M'PEi•mrx A -·· EIH'LUYEE', TO r:1: I XCI.UDED FROM PIWFTS~;[fHl(iL LlJ!fJ,fL[(iil('.: l_lf!l T I 7 BY STIPULATION
STtiT
~,TAT
ShH
flTfH
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STAT
STAT
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STAT
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~,TAT
STAT
STAT
f,Tt1T
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STr)T
Nr'iME
ANDERSON. SHARON M,
BENENFELD, f1L.t1N
BFRRY. POhER fl.
[10TIOM'.°-, PITr't B.
BOYER, RUili
BRiijCOE, PETER M.
BRUN, r:. ii.
BUZZMW, riAHION
COOPER, RICHARDS,
C RDl~~ill1'll,J, P .
EATON, EUGENIA
Fr'IRRELL, LOIS C,
FITCH, [1, F.
Gm BENS, C,
GI l!f.lG, GF U f~GE
OITTLE~,OM, MARC
GOFF, l-.lI Lt. UiM J.
ltINCl(L.FY I (\IHI
HOM, l(lhl ·,n T.
HOF!tl, JUl1'i I<.
CritiPlF, --···-•············~·
UC[!
IJCL.1'.
UCI
IJCSC
UCI
UCR
UCSD
UCI
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UCSD
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ucn
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UCLA
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urn
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31.50 l
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6230
6241
03/19/83 APPENDIX A - EMPLOYEES TO BE EXCLUDED FROM PROFESSIONAL LIBRARIANS UNIT 17 BY STIPULATION PAGE
CODE ....... TITLE NAME NAME CAMPUS REC....
3617 LBRN - CAR STAT ANDERSON, SHARON M. UCSD 3527
3612 LORN - CAR STAT BAKER, SHARON D. UCD 3505
3612 LBRN - CAR STAT BARR, MARY UCSF 3501
3612 LERN - CAR STAT DENENFELD, ALAN UCLA 3516
3612 LBRN - CAR STAT BERRY, ROGER B. UCI 3547
3612 LERN - CAR STAT ROTIONS, RITA B. ucso 3535
3612 LBEN - CAR STAT BOYER, RUTH UCI 7495
3612 LORN - CAR STAT BRISCOE, PETER M. UCR 3523
3612 LBRN - CAR STAT BRUN, C. H. UCSF 3539
3612 LBRN - CAR STAT BUZZARD, MARION UCI 3548
3612 LERN - CAR STAT COOPER, RICHARD S. UCB 34 73
3612 LARN - CAR STAT CRONSHAW, P. UCSB 3540
3612 LBRN - CAR STAT EASLEY, JANET T. UCI 3549
3612 LERN - CAR STAT EATON, EUGENIA UCLA 3517
3612 LERN - CAR STAT FARRELL, LOIS C. UCR 34 74
3612 LERN - CAR STAT FITCH, D. E. UCSB 3541
3612 LBRN - CAR STAT GIBBENS, C. UCSB 3542
3612 LORN - CAR STAT GIBES, GEORGE UCLA 6230
3612 LBRN - CAR STAT GITTLESON, MARC UCSD 6241
3612 LEHN - CAR STAT GOFF, WILLIAM J. UCSI 3528
3612 LBRN - CAR STAT HINCKLEY, ANN UCLA 3519
3612 LBRN - CAR STAT HODINA, A. J. UCSB 3543
3612 LBRN - CAR STAT HOM, KIMIYO T UCR 3480
3612 LBRN - CAR STAT HORN, JUDY K . UCJ 3550
3612 LBRN - CAR STAT JONES, NOPAH E. UCLA 3520
3612 LBRN - CAR STAT KENNEDY , ' COTT UCO 3508
3612 LBRN - CAR STAT KOYAMA, JANICE T. UCH 622503/1.9/03
CODE
3612
3612
3612
36:12
361.2
3612
3613
361.t.,
3t,l
6
361.1.,
361.6
3616
3617
3617
3617
36:1.7
APPENDIX
A -
EMPLOYEES
TO
BF
FXCLUDED
FROM
PROFESSIONAL
LIBPARIANS UNI! 17
BY
STIPULATION
TITLE
NhME
-----------------------
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3t,O l
PAGE 2 03/19/83 APPENDIX A - EMPLOYEES TO BE EXCLUDED FROM PROFESSIONAL LIBRARIANS UNIT 17 BY STIPULATION
CODE
3612 LBRN - CAR STAT MINK, JAMES UCLA 6235
3612 LBRN - CAR STAT MYERS, ELIZABETH L. UCB 3190
3612 LBRN - CAR STAT NEW, DORIS UCI 6227
3612 LBRN - CAR STAT PECK, JEAN M. UCR 34 73
3612 LBRN - CAR STAT RHEE, SUSAN F. UCSI 3532
3612 LBRN - CAR STAT ROTHENBERGER, JAMES UCR 3525
3612 LARN - CAR STAT SCALZO, GERALDINE UCR 3497
3612 LBRN - CAR STAT TAYLOR, MARION E. UCSC 3538
3612 LBRN - CAR STAT VIERICH, RICHARD WALLACE UCR 3524
3612 LERN - CAR STAT WILSON, HARTLYN J. UCSD 3534
3613 LBRN - POTENT CAR STAT COHEN, A. UCSB 62413
3613 LERN - POTENT CAR STAT WILLIAMSON, FAYE M. UCB 3554
3616 ASSOC LBRN - CAR STAT COOLMAN, JACQUELINE UCSD 6260
3616 ASSOC LBRN - CAR STAT FRY, THOMAS UCLA 3578
3616 ASSOC LBRN - CAR STAT HOFFMANN, LINDA H. UCD 6256
3616 ASSOC LBRN - CAR STAT MILLSAP, LARRY D. UCSC 3537
3616 ASSOC LBRN - CAR STAT PRESTON, GREGOR A. UCD 3601
361 ASSOC LBRN - CAR STAT ROBINSON, MARGARET UCSC 6262
3616 ASSOC LBRN - CAR STAT SIBIA, TEJINDER S. ucn 6258
3616 ASSOC LBRN - CAR STAT VAN VERREN, DAROY UCLA 6259
3616 ASSOC LBRN - CAR STAT WEEKS, KENNETH R. UCSF 3577
3617 ASSOC LBRN - POTENT CAR STAT HERSCHMAN, JUDITH UCSD 6267
3617 ASSOC LBRN - POTENT CAR STAT HULING, NANCY UCR 7324
3617 ASSOC LERN - POTENT CAR STAT LEUNG, SHIRLEY W. UCR 3607
3617 ASSOC LBRN - POTENT CAR STAT MILLER, CAROLYN V. ICSC 3609
3617 ASSOC LBRN - POTENT CAR STAT WHALEY, J. UCT 3611
3635 LAU LBRN BERRING. ROBERT II(
It 7577
TITLE NAME NAME CAMPUS REC::1637 APPENl:i!X A - EMPLOYEE~, HJ r:r [.,:CLUDFD FROM PIWF[Gr,IONAL Llt1P11RHlNG UNIT l7 BY STIPULATION LEWH,, (ti.I' PFD REY NOLI!':, HIOMAS H. U'tliPlJ!, . -··--··-··- llCll ucr, l'AGE 3 HEC CODE 03/19/83 APPENDIX A - EMPLOYEES TO BE EXCLUDED FROM PROFESSIONAL LIBRARIANS UNIT 17 BY STIPULATION PAGE CODE TITLE NAME NAME CAMPUS REC. 3637 ASST LAW LBRN JANES, JUIN UCD 3620 3637 ASST LAW LERN LEWIS, ALFRED UCD 3621 3637 ASST LAW LERN PIPER, FAT uu, 3627 3637 ASST LAW LERN REYNOLDS, THOMAS H. UCE 6277
CODE
3612
3612
3612
3t,12
J,',:1.2
:v,12
3612
3b12
3b1.2
3612
3612
3612
361.2
3612
361.2
3612
Tl ILE NAME
LBRN C,)R STr'H
LE<HN CAR r,TfH
LBRN CAR !:;T,H
LBFW Cf\R STAT
LBRN - CAR SIAT
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u~rm - CAI~ STAT
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LBF11-l -- CAR STAT
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LDfW CAr{ ~,TAT
LBIW C1'lR ff!AT
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LJJrm CflR 'HAT
APPENDIX B - SUPERVISORY EMPLOYEES TO BE EXCLUDED FROM PROFESSIONAL LIBRARIANS IJNIT 17
NAME
ADfiM, Mff,lFNNE
BELL, POI!E RT F .
BELLANTI, ROBERT
BOWLES, G~PRETT A.
Bl.il'HING, t,LISOIJ
ElUH.. ER, C'tNTHlA
CIIEN, CIIJ f'.
IHWif,, ,,onu;
FRENCH, BEVERLEE
FRY, STEPHEN
GANSON, JUDITH A.
GAULT, ,lt''tMES E.
GOLD, SUZM!NE
GONZALEZ:, SILVIA
GlJI .. L IOI~, su~:; AN
IMIWF, PETER E.
JOHNSON, ESTHER M.
I< AIHOR, Jt"lMES R.
KINNISON, PATRICIA
KIRESEN. FVELYN M.
KISLITZIN, ELIZABETH H.
l<OENJG, !IORDTHY A,
I(1.l(;N, ._JIii_, Ir
1...LF~'.Ol.Jl r ··· ,, .
ChMPU'.1
IJCLA
UCD
UCLA
UCSD
UCU1
uci:i
IJC~,F
UCSD
UCl.,f\
lJCR
UCB
UCB
IJCD
UCLA
UCB
UC[!
IJCSD
UCB
UC/I
IICLfi
PAD[
REC
6239
7567
3507
03/19/83 APPENDIX B - SUPERVISORY EMPLOYEES TO RE EXCLUDED FROM PROFESSIONAL LIBRARIANS UNIT 17 PAGE 1
CODE TITLE NAME NAME COMPUS REC....
3612 LBRN - CAR STAT ADAM, ADRIENNE UCLA
3612 LBRN - CAR STAT BELL, ROBERT E. Ucn 3506
3612 LBRN - CAR STAT BELLANTI, ROBERT UCLA 3515
3612 LBAN - CAR STAT BOWLES, GARRETT A. UCSD 239
3612 LBRN - CAR STAT BUNTING, ALISON UCLA 6229
3412 LBRN - CAR STAT BUTLER, CYNTHIA UCI 3552
3612 LORN - CAR STAT CHEN, CHT P. UCR 3471
3617 LBRN - CAR STAT DAVIS, DORIS UCSF 3502
3612 LBRN - CAR STAT EVANS, PETER A. 7567
3612 LBRN - CAR STAT FRENCH, BEVERLEE UCSD 6210
3612 LBRN - CAR STAT FRY, STEPHEN UCLA 3518
3612 LBRN - CAR STAT GANSON, JUDITH A. UCR 3524
3612 LBRN - CAR STAT BAULT. JAMES E. UCK 3476
3612 LBRN - CAR STAT GOLD, SUZANNE UCE 34 77
3612 LBRN - CAR STAT GONZALEZ, SILVIA UCL 3507
3612 LBRN - CAR STAT GULLION, SUSAN UCLA 6231
3612 LBRN - CAR STAT HANFF, PETER E. UCB 6224
3612 LBRN - CAR STAT JOHNSON, ESTHER M. UCE
3612 LBRN - CAR STAT KANTOR, JAMES R. UCR 348:
3612 LBRN - CAR STAT KINNISON, PATRICIA UCSD 624:
3612 LBRN - CAR STAT KIRESEN, EVELYN M. UCR 3483
3612 LBRN - CAR STAT KISLITZIN, ELIZABETH H. UCll 3484
3612 N - CAR STAT KOENIG, DOROTHY A. ucn
3612 LBRN - CAR STAT KORNSTETH, BARBARA 3486
3612 N - CAR STAT KWAN, CECILIA UCD 351 1
3612 LBRN - CAR STAT KWAN, JULIE UCLA 6232
3612 LBRH - CAR STAT LEFKOWITZ, 1. UCLA 623.33612
3612
3612
3612
36:1.2
3612
3612
3612
3612
3612
3612
3613
36:Ll
3b16
ll"ILE NhtlE
LBPN ChR !HAT
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Lf:f!N. CAR ~,TAT
LitRN .. C,iR STAT
LBRM ... Ct1R 3TrYI
LDRM CAR STAT
L.llf<N ... CAR STAT
LDnN CAR STAT
l..E!f/N ..• CAR f:,TAT
LDPN CAR !HAT
LElflN ... CAR STAT
LBRN ..• Ct'.\R STAT
Lltf/N CAR f,TAT
1..Brm CAR !HAT
LBf<N CAR ~.TAT
LBRN CAR !HAT
LDRN CAR '.:,lAT
LBRN CAI~ STAT
LDRIJ CAR fiTAT
LBRN ... POTENT CAR
LDF!N POTENT CAR
ri::;i;nc L.DHI~ C1)R
STAT
STAT
STAT
SUPERVJSUPY EMPLOYEES TO DE EXCLUDED FROM PROFESSIONAL LIDRAPIANS UNIT 17
IH1ME
LlNVlLLI I IERf!Ef!T
LOEF'Pl'IUI, JOYCE [,
McKINLE,. MARGAf!ET
MhTIIIJi';, lihHY LOl!RAINE
MJTCHFLL, MlN
tlOR,iN, T Pl.MF M.
MORENO, CATHERINE H.
MURTOH, THOMAS H,
NICflDL!,, GAIL M.
NIXON, f'OI::EF/TA
PEYTON, GEORGINA C,
PRATT, VIRGIIHA
RE!fEC, FS IELI-E
STEVENSON, ROBERTA
T1)RCZY, TTTPMEN
TILLETT, I::ARDARA B.
HIEESF, tJ. H,
lJhL TEFI, l'i',T
1-IRIGIH, TIHJMM,
KELLER, tHCllr'tEL {i,
YOU1·1(,IF'., ;\LICE
Ct,Mf'tl3
UCL.ft
IJCSD
UCLA
UCB
IJCH
tJC!,D
UCSB
UCB
UCL/)
IJCSD
UCB
UCB
UCD
UCB
UCS,F
UCSB
1./CB
UCL/',
UCB
ucn
Uil
REC
35?1
6236
31J.91
3503
CODE
03/19/83 APPENDIX B - SUPERVISORY EMPLOYEES TO BE EXCLUDED FROM PROFESSIONAL LIBRARIANS UNIT 17 PAGE 2
CODE TITLE NAME
3612 LBRN -- CAR STAT LINVILLE . HERBERT UCSB 3544
3612 LBRN - CAR STAT LOEPPRICH, JOYCE E. ur;J 3551
3612 LBRN - CAR STAT HCKINLEY, MARGARET UCLA 3521
3612 LBRN - CAR STAT MATHIAS, HARY LORRAINE UCLA
3612 LERN - CAR STAT HEAKIN, FAITH A. UCSI 3529
3612 LBRN - CAR STAT MITCHELL , ANN UCLA 6236
3612 LBRN - CAR STAT MORAN, IRENE M. UCR 3489
3612 LBRN . - CAR STAT MORENO, CATHERINE H. UCB 3489
361: LERN - CAR STAT MORTON, THOMAS H. UCSD 35:30
3612 LBRN - CAR STAT NANNA, LAURA A. UCSB
3612 LBRN - CAR STAT NICHOLS, GAIL H. UCR 3491
3612 LBRN - CAR STAT NIXON, ROBERTA UCLA 6237
3612 LBRN - CAR STAT PEYTON, GEORGINA C. UCSD 3531
3612 LBRN - CAR STAT PRATT, VIRGINIA UCR 3495
3612 LBRN - CAR STAT REBEC, ESTELLE UCR 3496
3612 LBRN - CAR STAT SCHIPPERS, D. UCSI 6243
3612 LBRN - CAR STAT STEVENSON, ROBERTA UCD 7548
3612 LBRN - CAR STAT TANG, R. N. UCR 3478
3612 LBRN - CAR STAT TARCZY, STEPHEN UCSF 3503
3612 LBRN - CAR STAT TILLETT, BARBARA B. UCSD 3533
3612 LBRN - CAR STAT TREESE , W. R. UCSB 3546
3612 LERN - CAR STAT WALTER, PAT UCLA 6238
3612 LERN - CAR STAT WAUGH, ARTHUR B. UCR 3497
3612 LORN - CAR STAT WRIGHT, THOMAS UCLA 3522
3613 LBRN - POTENT CAR STAT KELLER, MICHAEL A. UCR
3613 LBRN - POTENT CAR STAT YOUHANS, ALICE UCB 6245
3616 ASSOC LBRN - CAR STAT ADAMS, LIDIA K . DCI 3591
NAME CAMPUS REC...CO[IE
....
---·-·
---------·-·•
--
3616
361.6
361<',
361.6
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3616
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36:1.f.,
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3616
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3616
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f)bSOC L[lRN
f'\S'.,OC L.EllW -
i't!',SOC
LBRN
Asi:;oc
LBRM
....
1:')~:;r;oc
LDFW
t,r,,irnc LBRN
..
1,n~;oc
LBRN
tii:.soc
L.BRN
-
M,SDC
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AG~;oc L[ffW
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LBRN
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t,nsoc LBRN
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l\f,tiOC LBRN
APPENDIX
13
···
SUFTRVJGOFY EMl'LOYEES
TO
DE EXCLUTl[D
FPCH1
f'fllHT'.,SIOtU\I.
LHHU',fnM-1~;
UrlJT
17
CA111'US
CAR
STAT
CAR
STAT
CtiR
STAT
CAR
STAT
CAR
STAT
CAR
STAT
CAR
STAT
CAR
Slf'H
CAR
STAT
CAR
STAT
CAR
STAT
CAR
STAT
CAR
STAT
CAR
STAT
CAR
STAT
CAR
STAT
CAR
STAT
Cf1R
~;TAT
Cf1R STAT
CAR
STAT
CAR
STAT
CAR
STAT
CAH
STAT
CAR
STAT
Ctir~ !HAT
CAR STAT
Cl\H !3Tf"tl
r'."iLEXiiNTJF
P,
TH011t1S
,J.
ANANDt1 •
IT IE
R
ARGUELLU3. IVhN
BUil[,
JUii
J IH
L.
BUNTIIW,
CIIIUSTINE
A ..
Cl'tRSON,
OFTfY
N.
lJUNI(
EL,
L J f,f1
GILBERT,
(;MN
B.
HAYNE, REI:ECC1'1
HEATH,
Mr'iPY I<.
IIINOJOS/'.1, ::;tmANA A.
HOWARD, ALISON
S.
HOWARD,
F't,TRICIA
JOHNSON,
SUE
ANN
H.
IULEY,
G.
JI.
LUOMER, JOYCE
LUKENS, BEATRICE
L.
MFTZGEP, EUZ(iNNE
MONTANAPY, BARBARA
J.
MYONG, . lt.F
H.
Pt-11..CllrW , , l(lC()l.lnL
YN f-l,
:;;crrnrurr-. t<Fin
UCB
UCB
Ur:I
ucsc
UCB
UCGF
UCD
UCB
ucsn
tJC[t
UCB
UCB
UCB
UCSD
UCLA
UClt
UCIJ'!
UCB
UCJ
l)CJ
1_1(
I
PAIK
6250
3509
3;:i71
03/19/83 APPENDIX B - SUPERVISORY EMPLOYEES TO BE EXCLUDED FROM PROFESSIONAL. LIBRARIANS UNIT 17 PAGE
CODE TITLE NAME NAME
3616 ASSOC LBRN - CAR STAT ALEXANDER, THOMAS J. UCK 3559
3616 ASSOC LBRN - CAR STAT ANANDA, PETER UCA 3560
3616 ASSOC LBRN - CAR STAT ARGUELLES, IVAN UCB 3561
3616 ASSOC LBRN - CAR STAT BURE, JUDITH L. UCI 3592
3616 ASSOC LBRN - CAR STAT BUNTING, CHRISTINE A.. JCSC 3585
3616 ASSOC LBRN - CAR STAT CARSON, BETTY N. UCB 7322
3616 ASSOC LBRN - CAR STAT DUNKEL, LISA UCSF 7325
3616 ASSOC LBRN - CAR STAT FARRENS, MARY UCD 6255
3616 ASSOC LBRN - CAR STAT GILBERT, ANN B. UCR 3566
3616 ASSOC LBRN - CAR STAT HAYNE, REBECCA UCSI 3583
3616 ASSOC LBRN - CAR STAT HEATH, MARY K. UCE 6249
3616 ASSOC LBRN - CAR STAT HINOJOSA, SUSANA A. UCK 6250
3616 ASSOC LBRN - CAR STAT HOWARD, ALISON S. UCR 3569
3616 ASSOC LBRN - CAR STAT HOWARD, PATRICIA UCE 3570
3616 ASSOC LBRN - CAR STAT JOHNSON, SUE ANN H. UCSD 3584
3616 ASSOC LBRN - CAR STAT KILEY, G. D. UCSR 3589
3616 ASSOC LBRN - CAR STAT KIM, IK-SAM UCLA 3579
3616 ASSOC LBRN - CAR STAT LARRABEE, JAMES UCK 6251
3616 ASSOC LERN - CAR STAT LUDMER, JOYCE UCLA 3580
3616 ASSOC LBRN - CAR STAT LUKENS, BEATRICE L. ICE 3571
3616 ASSOC LBRN - CAR STAT METZGER, SUZANNE UCSD 6261
3616 ASSOC LBRN - CAR STAT MONTANARY, BARBARA J. UCD 6252
3616 ASSOC LBRN - CAR STAT MYONG, JAE H. UCI 3593
3616 ASSOC LBRN - CAR STAT PALCHAK , JACQUALYN A. UCI 3590
3616 ASSOC LBRN - CAR STAT RENTON, MARGARET A. UCI 3595
3616 ASSOC LBRN - CAR STAT SCHRIEFER. KEPIT 6253
3616 ASSOC LBRN - CAR STAT SOMMER. DEBORAH R. 6254
CAMPUS RECCDl!E
36 l ,,,
3616
361.6
3bl7
:.lr.,.1.7
3617
3/,l 7
3(,:17
3(,1 i
36:17
3621
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V,21
3621
APf'EN[IIX B -·· EHJFERVI'.fll:1 Lr1FLOYEES TD LIF fJ<CL11J1F[1 FIWii PROIF3'.:,JOIH'!L LIBRMIIMfr.; UNIT li'
l IT LE t•rnME tH'itlF
ASSOC LBRH - CAR STAT
CAR STAT TOJID. U. T /f'.lltETH G.
ASSOC LBRN - CAR STAT VODVI0, GEORGE A.
UANt:YI, r.,,HILI .. E r).
lHLSOil, iiMH I,
lHLSIH!. 1VfHWF
t,G:,;oc LBRN --
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{,!,fWC LDRN --
t,G~30C I..• I<RN
{1~;BT LF.cRN
t,B~,T Ll)RN
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t1n~n LORN ·-•
r-1BBT LBRN
t,!:;~)T LBRN
(1\:,'.,T L[IRN
CAR STAT
CAR Sltil
CAR BTAT
POTENT CAR STAT ANDREWS. KAREN
POTENT CAR STAT IIAY, JtEJnlPAII
POTENT CAR STAT HURLBFRf. IRENE WOO
POTENT CAR STAT HARTIN. PEDECCA R.
POTENT CAR STAT MAUGlli''lU, PATRICIA
POTENT CAR STAT t101< RZYCV l, l<AREN
POTENT CAR STAT BORRENIJliD, SHERRILL
POTENT CAR STAT '.,:VIllrM, c;jlJRLE'l'
POTENT CAR STAT r'.'\LAtJ, J!()D
POTENT CAR STAT IIAfHJHART, LINDA
POTENT CAR STAl FOWLER, CHRISTINA C.
POTENT CAR STAT l..EVY, JUD tTM
POTENT CAR STAT RINALDI, .JULJF F.
POTENT CAR STAT ::;TAR[~. ,;i__ lStiN ,.,
.;:\ I
POTENT CAR SlAl TOllG, J"!Ci[i() {
0.
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03/19/93 APPENDIX B - SUPERVISORY EMPLOYEES TO BE EXCLUDED FROM1 PROFESSIONAL LIBRARIANS UNIT 17 PAGE
CODE TITLE NAME
3616 ASSOC LBRN - CAR STAT STIRLING. ISABEL. UCP 3501
3616 ASSOC LBRN - CAR STAT TODD, ELIZABETH G. ICE 3573
3616 ASSOC LBRN - CAR STAT VOOVIN, GEORGE A UCR 35 71
3616 ASSOC LBRN -- CAR STAT WANAT , CAMILLE A. UCR 3575
3616 ASSOC LBRN - CAR STAT WILSON, MARI T. UCR 3576
3614 ASSOC LBRN - CAR STAT WILSON, YVONNE UCI 3598
NAME
3617 ASSOC LBRN - POTENT CAR STAT ANDREWS, KAREN UCLA 6265
3617 ASSOC LBRN - POTENT CAR STAT DAY, DEBORAH UCSD 6266
3617 ASSOC LBRN - POTENT CAR STAT HURLBERT, IRENE WOO UCSI 3603
3617 ASSOC LBRN4 - POTENT CAR STAT MARTIN. FERECCA R. UCR 6263
3617 ASSOC LBRN - POTENT CAR STAT MAUGHAN, PATRICIA UCR 6264
3617 ASSOC LBRN - POTENT CAR STAT HOKRZYCKI, KAREN UCSC 6268
3617 ASSOC LBRN - POTENT CAR STAT SORRENTINO, SHERRILL. O. UCL 6278
3617 ASSOC LERN - POTENT CAR STAT SVIHRA, SHIRLEY UCE 7570
3621 ASST LBRN - POTENT CAR STAT ALAN, BOR UCSD 7571
3621 ASST LBRN - POTENT CAR STAT BARNHART, LINDA UCSD 7572
3621 ASST LBRN - POTENT CAR STAT FOWLER, CHRISTINA C. UCR 7573
3621 ASST LBRN - POTENT CAR STAT LEVY, JUDITH UCR 7575
3621 ASST LBRN - POTENT CAR STAT RINALDI, JULIE F . UCR 7576
3621 ASST LBRN - POTENT CAR STAT STARR, SUSAN S. UCSD 7577
3621 ASST LBRN - POTENT CAR STAT TONG, DOGAY UCSI 7578
CAMPUS RECllTLE
NAME
Lt1fm
CAR
SlAT
3612
LJJRH
--
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31..,16
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361.6
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CAR
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APPENDL<
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TO
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f'f'OIE~''!3H!l!{,L l
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MALMGREll, TERRI
I3flIMhl'.';IJ, HJf;(\YJUl<I
IJC[I
UCii
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UCB
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IJCI
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31'il 0
3512
03/19/83 APPENDIX C - EMPLOYEES TO BE INCLUDED IN PROFESSIONAL LIBRARIANS UNIT 17 PAGE 1
CODE CODE TITLE_NAME NAME CAMPUS REL....
3612 LBRN - CAR STAT ANDERSON, DAVID C. Ucn 3504
3612 LBRN - CAR STAT CHOO, YONG K . UCB 34 72
3612 LARN - CAR STAT HOEHN, JR. , RAYMOND P. UCD 3479
3612 LARN - CAR STAT KISTLER, WINIFRED E. UCO 350
3612 LORN - CAR STAT KUNITZ, DONALD UCD 3510
3612 LBRN - CAR STAT LUST, VERNON G. UCD 3512
3612 LBRN . CAR STAT MAUDSLEY, KATHERINE F. UCO 3513
3612 LBRN - CAR STAT STEEN, JUDITH A. UCSC 3537
3612 LBRN - CAR STAT YUTANI, EIJI UCR 3500
3613 LBRN - POTENT CAR STAT FRASER, WALTER J. UCD 3555
3613 LBRN - POTENT CAR STAT WEINTRAUB, D. KATHRYN UCI 3537
3616 ASSOC LBRN - CAR STAT CHOW, CHRISTA Y. UCR 7323
3616 ASSOC LBRN - CAR STAT HAN, JEAN Y. UCR 3547
3616 ASSOC LBRN - CAR STAT LANE, DIANA UCI 75.59
3616 ASSOC LBRN - CAR STAT MacDONALD, ERIC UCI 3596
3616 ASSOC LBRN - CAR STAT MOOMAW, JUDITH UCD 6257
3616 ASSOC LBRN - CAR STAT STEVENS, STANLEY D. UCSO 3588
3617 ASSOC LBRN - POTENT CAR STAT MALHGREN, TERRI UCD 3604
3621 ASST LBRN - POTENT CAR STAT ISHIHATSU, HISAY JUKI UCB 75743612 3612 361.7 APPENDIX D TITLE NAIIE ---------------------------- l..DfH! LDrrn LBIHI CAR STAT 1lr)ME GARDINER, RUSSELL K. 1..lPOl,J, (1iHJE G, IWVr':\I<, GI.UIHr'l J. PFEIFfFR, ROBERT E. CAR STAT HANDMnN, GnRY P, POTENT CAR STAT OGDEN, flnr:Ct..AY l,J. Ctiilf'U'., UC!l IJCll UCfi UCB REC 3603 03/19/83 APPENDIX D -- MANAGERIAL. EMPLOYEES TO BE EXCLUDED FROM PROFESSIONAL LIBRARIANS UNIT 17 CODE TITLE_NAME..... NAME CAMPUS REC 3612 LBRH - CAR STAT GARDINER, RUSSELL K . UCB 34 75 3612 LBRN - CAR STAT LIPOW, ANNE G. UCE 34 0 3612 LBRN - CAR STAT NOVAK , GLORIA J. UCI 3472 3612 LBRN - CAR STAT PFEIFFER, ROBERT E. UCH 3494 3616 ASSOC LBRN - CAR STAT HANDMAN, GARY P UCB 7324 3617 ASSOC LBRN - POTENT CAR STAT OGDEN, BARCLAY W. UCR 3603
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