Wheatland Elementary School District (PERB 1434E)

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STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD

WHEATLAND ELEMENTARY SCHOOL
DISTRICT,

Employer, Case No. SA-SV-150-E

and PERB Decision No. 1434

SCHOOL SECRETARIES Il GROUP OF May 4, 2001

)

)

)

)

)

)

THE WHEATLAND SCHOOL )
DISTRICT, )
)

Petitioner, )

)

)

)

)

and

CALIFORNIA SCHOOL EMPLOYEES
ASSOCIATION AND ITS WHEATLAND )
CHAPTER 626, )
)
)
)

Exclusive Representative.

Appearances: Pam Barrington, Secretary, for School Secretaries Il Group of the Wheatland School
District; California School Employees Association by Maureen C. Whelan, Attorney, for California

2

School Employees Association and its Wheatland Chapter 626.
Before Amador, Baker and Whitehead, Members.
DECISION

AMADOR, Member: This case comes before the Public Employment Relations Board
(Board) on exceptions filed by the California School Employees Association and its Wheatland
Chapter 626 to a hearing officer's proposed decision (attached) granting a severance petition filed
by the School Secretaries II Group of the Wheatland School District. The petition seeks to
establish a separate unit of employees of the Wheatland Elementary Schoo! District in the school

secretary classification.

After reviewing the entire record, the Board hereby affirms the proposed decision and
adopts it as the decision of the Board itself.
ORDER
The severance petition in Case No. SA-SV-150-E is hereby GRANTED. Accordingly, a
unit of the Wheatland Elementary School District's employees in the secretary I and secretary II
classifications is found to be appropriate for meeting and negotiating provided an employee
organization becomes the exclusive representative.
The employee organizations whose names shall appear on the ballot are the California
School Employees Association and its Wheatland Chapter 626 and School Secretaries II Group
of the Wheatland School District, unless one of those organizations informs the Board in writing,
within 15 workdays after the employer posts the Notice of Decision, that it does not desire to
participate in the election. An election shall be conducted at the end of the posting period in such
unit if: (1) both of the above-named employee organizations desire to participate in the election,
or (2) only one organization desires to participate and the employer does not grant voluntary
recognition.
The Board hereby ORDERS that this case be REMANDED to the Sacramento Regional
Director for proceedings consistent with this Decision.
Members Baker and Whitehead joined in this Decision.
2

APPENDIX
NOTICE OF DECISION
POSTED BY ORDER OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
An Agency
of
the State
of
California
CASE: 	WHEATLAND ELEMENTARY SCHOOL DISTRICT
Case No. SA-SV-150-E
PERB Decision No.
	1434
EMPLOYER: WHEATLAND ELEMENTARY SCHOOL DISTRICT
P.O. Box 818
Wheatland, CA 95692
EMPLOYEE ORGANIZATION
PARTIES TO PROCEEDING:
California School Employees Association and its Wheatland Chapter 626
8217 Auburn Blvd.
Citrus Heights, CA 95610
School Secretaries II Group
of
the Wheatland School District
P.O. Box 818
Wheatland, CA 95692
Fil'-IDil'JGS:
The Board finds the following unit is appropriate for meeting and negotiating, provided an
employee organization becomes the exclusive representative:
Unit title: School Secretaries
Shall include: The classifications
of
School Secretary I and School Secretary II
Shall exclude: All other employees, including management, supervisory and confidential
employees.
Pursuant to PERB Regulation section 33450, within ten days following issuance of this Notice of
Decision, the Wheatland Elementary School District (District) shall post on all employee bulletin
boards in each facility of the employer in which members of the unit described in the decision are
employed, a copy of this Notice of Decision. The Notice of Decision shall remain posted for a
minimum of
15 workdays. Reasonable steps shall be taken to ensure that this notice is not
reduced in size, altered, defaced or covered with any other material.

The employee organizations whose names shall appear on the ballot are California School
Employees Association and its Wheatland Chapter 626 and the School Secretaries II Group of
the Wheatland School District, unless one of these organizations informs the regional director in
writing, within 15 days after the employer posts the Notice of Decision, that it does not desire to
participate in the election. The regional director shall conduct an election at the end of the
posting period in such unit if: (1) both of the above named employee organizations desire to
participate in the election, or (2) only one organization desires to participate and the employer
does not grant voluntary recognition.
Dated: ---------- WHEATLAND ELEMENTARY
SCHOOL DISTRICT
By: ______________
Authorized Agent
THIS IS AN OFFICIAL NOTICE. IT :tvIUST RE:MAil'~ POSTED FOR A MINIMlJM OF
FIFTEEN (15) WORKDAYS. REASONABLE STEPS SHALL BE TAKEN TO ENSURE
THAT THIS NOTICE IS NOT REDUCED IN SIZE, ALTERED, DEFACED OR COVERED
BY ANY OTHER MATERIAL.
2

STATE OF CALIFORNIA
PUBLIC EMPLOYMENT RELATIONS BOARD
WHEATLAND ELEMENTARY SCHOOL
DISTRICT,
Employer,
and
SCHOOL SECRET ARIES II GROUP OF THE
WHEATLAND SCHOOL DISTRICT,
Petitioner,
and
CALIFORNIA SCHOOL EMPLOYEES
ASSOCIATION AND ITS WHEATLAND
CHAPTER 626,
Exclusive Representative.
REPRESENTATION
CASE NO. SA-SV-150-E
PROPOSED DECISION
(12/21/2000)
Appearances: Pinnell & Kingsley, by Kim Kingsley Bogard, Attorney, for Wheatland
Elementary School District; Pam Barrington and Marlene Garcia, Representatives, for School
Secretaries II of the Wheatland School District; and Sharon R. Furlong, Senior Labor Relations
Representative, for California School Employees Association and its Wheatland Chapter 626.
Before Les Chisholm, Regional Director.
PROCEDURAL HISTORY
On March 7, 2000, the School Secretaries II Group of the Wheatland School District
(Petitioner) filed a severance request with the Wheatland Elementary School District (District)
and Public Employment Relations Board (PERB or Board) seeking to establish a separate unit
of employees of the District in the school secretary II (SSII) classification. The severance
request was amended on March 10, 2000, to include the school secretary I (SSI) classification.

The employees covered by the severance request are included in a wall-to-wall classified unit
represented by California School Employees Association and its Wheatland Chapter 626
(CSEA).
CSEA submitted a response opposing the severance request on March 22, 2000. 	CSEA
argued that, based on community of interest and bargaining history, the proposed unit was not
an appropriate unit under PERB precedent.
By letter dated March 27, 2000, the District submitted a statement in support of the
severance request, arguing the proposed unit is presumptively appropriate under PERB
precedent and that its approval would add only a slight burden to the District in dealing with an
additional bargaining unit.
On March 30, 2000, PERB issued a determination that the severance request had been
timely filed with adequate proof of support. That determination letter also noted that the
employer could not grant voluntary recognition to the Petitioner, under PERB's regulations, 1
due to the expressed opposition of CSEA.
A settlement conference with the parties on May 15, 2000, failed to resolve the unit
appropriateness dispute. A formal hearing was then held on July 25, 2000. Briefs were filed
by all parties, and the case was submitted for decision on October 16, 2000.
FINDINGS OF FACT
The District operates four schools, and has an average daily attendance of 1,687. The
four schools are Wheatland (grades K-3), Bear River (4-8), Lone Tree (K-3) and Far West (4-
6). The District employs a total of 210 employees, including 94 positions in the classified
1 PERB's regulations are codified at California Code of Regulations, title 8, section
3100 I et seq.
2

bargaining unit. The classified bargaining unit includes secretaries, library technicians, food
service employees, custodians, maintenance and grounds employees, paraeducators, and bus
drivers. 	Excluded from the classified unit as confidential employees are an administrative
assistant, payroll technician, two administrative secretaries and the business manager.2
The administrative organizational chart of the District has a director of special projects,
food services director, supervisor of maintenance, operations and transportation, site
principals, business manager and administrative assistant reporting to the superintendent. The
District librarian/technology coordinator reports to the director of special projects.
SSII's
SSII's are employed at each of the four schools and are supervised by the site principal.
Both Bear River and Lone Tree have two SSII positions. They are employed 11 months a year
for 8 hours a day and may even be required to work on storm emergency days to make sure
that children are not dropped off at the school.
The SSII's duties include responsibility for the front office at the school, performing a
variety of complex clerical/secretarial duties and routine administrative functions on behalf of
the principal. They are generally the initial point of contact for visitors, including students,
faculty, parents and members of the general public, and frequently deal with visitors who have
complaints or questions. 	The office has to be staffed at all times. 	SSII's deal with child
protective services and welfare issues, and have access to confidential information relating to
students and parents. The secretaries schedule IEPs, which are meetings with parents, school
2 There are no office technical or business services employees at the District office who
are not considered confidential employees.
3

personnel and students relating to special education programs and services, and type minutes
from those meetings.
The SSII's perform bookkeeping functions for student body accounts, arrange and
coordinate school and community activities at the school site, schedule meetings and maintain
calendars for administrative and other school personnel, register students, maintain attendance
records, maintain a variety of other student records such as health, enrollment and transcripts,
produce a variety of materials including newsletters and correspondence, and answer questions
concerning the school's program. They maintain and operate office equipment and help train
new personnel, such as teachers, who need to be able to operate equipment. They type
evaluations for both classified and certificated personnel.
The SSII's also have responsibilities involving student health issues in the absence of
the school nurse, including making sure that children take medication, administering first aid,
and making 911 calls when necessary. In terms of medical problems, they have had to deal
with everything from head lice to applying band aids to dealing with such matters as head
wounds and broken bones.
The position requires a high school diploma or equivalent. The SSII is paid on salary
range number 14.
SSI
The only SSI position is located at Lone Tree School. The position is part-time (3 or 3
and ½ hours per day). According to testimony the SSI is supervised by the school psychologist
but the official job description indicates the position reports to the school principal.
The job description lists duties of an SSI that are generally similar to those of an SSII,
except that the position is not located in the school's front office and the function is limited to
4

providing clerical/secretarial support for the school psychologist. There is no indication in the
record that the SSI has the same first aid functions as the SSII.
The SSI position also requires a high school diploma or equivalent. The SSI is paid on
salary range number 9 .5.
Library Technician and Senior Library Technician
The library technicians and senior library technician work 8 hours a day, 5 days per
week, 10 months a year. Two library technicians are located at Lone Tree School, and the
senior library technician is located in a room off the back of the library at Lone Tree. At Far
West, Wheatland and Bear River, there is one library technician. They all report to the District
librarian/technology coordinator, Jim Collins. Mr. Collins' office is in the District office in
Wheatland.
The job classifications of library technician and senior library technician were titled
library clerk I and II prior to a reclassification and salary upgrade approved in 1996-1997. The
upgrades received were from range 9 to 11 for the library technician and from 11 to 13 for the
senior library technician. The job title changes and upgrades came about because of
technology changes, particularly involving the use of computers in the libraries. As a part of
the transition from the old record keeping system to the computer-based system, the
technicians did the data entry to transfer information from cards into the computer data base.
The library technicians assist students in either finding the books they need or,
depending on the student's age, showing them how to use the computer to search for the book
they would like to read or need to find. 	At the Lone Tree school, for example, they typically
will have 13 classes at minimum that come in to use the library each day, with 200 to 300
students per day. As indicated by the job description, their overall function includes providing
5

support for classroom instruction and library services. This function includes orientation
sessions and reading to students.
The District librarian estimated that the orientation sessions require approximately 10
percent of the library technicians' time on an annual basis. He further testified that the "vast
majority" of their time is spent in instruction related activities, including the orientations,
reading stories, and helping students locate books and materials.
Library technicians can be required to monitor student behavior and discipline students.
The duties of library technician also include basic circulation functions such as
checking books and other library materials in and out, following up on overdue materials, and
inspecting incoming materials for damage. They catalogue, shelve and inventory materials
using established systems including the Dewey Decimal format. 	They mend and recover
books and magazines and arrange for repairs to damaged books. After new books have been
catalogued, they make sure the bar code information shows up in the computer and enter it
manually if necessary.
They run reports to show overdue books or what is owed for books, whether books are
damaged, and prepare notices to send home to parents. They deal with parents who come in to
question notice of a lost or damaged book. They handle first aid when kids come in with a
skinned knee or other problem and, after initial assistance, send them to the school secretary.
When a library technician is absent, the library may be closed but substitutes are also
used to keep the libraries open.
Library technicians must have a high school diploma or equivalent, be able to type and
have knowledge of the Dewey Decimal and other standard library systems. They take the same
6

proficiency test in English that instructional aides are required to take. The District librarian
has provided computer courses for the library technicians including use of the Internet.
The senior library technician orders books and supplies for all four libraries, and tracks
both general and categorical fund budgets involved in these expenditures. She maintains a
running database of things that need to be ordered, does the actual ordering, files records of
purchases and invoices, processes books and supplies that come in and makes sure they are
distributed. The senior library technician is also responsible for cataloging the new books.
Her duties do not include processing text books.
The senior library technician performs some secretarial functions for the District
librarian, including typing correspondence, making phone calls and doing filing.
The senior library technician has a first aid kit in her room. 	She has helped sick
students. She has not had any medical emergency situations to deal with. 	Once initial
assistance has been provided, the injured or sick child is taken to the school office.
The senior library technician must have a high school diploma or equivalent, have first
aid or CPR certification, and have one year's experience as a library assistant or technician.
Assistant Grant Coordinator
This position performs a variety of clerical and secretarial duties in support of the grant
coordinator. These duties include answering the telephone, typing, handling sensitive records
such as student academic and health records, ordering supplies, operating office equipment,
filing, and preparing reports. The position can be used to assist with day-to-day operations of
the school office. The assistant coordinator, located at Lone Tree School, is supervised by the
grant coordinator, who reports to an assistant principal, who reports to the Lone Tree principal.
The position is funded at 17.5 hours per week, and is placed on range 9 of the salary schedule.
7

Sources of Funding
SSI and II positions, as well as the senior library technician, are funded by the District
general fund. 	The District funds the library technician positions with California Lottery
monies that, while shown on an unrestricted line in the general fund, the District considers
restricted to instructional purposes. Paraeducator positions are funded by categorical funding.
Representation History
CSEA has represented the established unit since voluntary recognition was granted in
May 1976. The CSEA contract provides that medical, dental and other benefits generally
apply to any four hour or more classified employee, including the secretaries. The parties'
agreement includes an agency shop provision.
The CSEA chapter has co-presidents, one of whom is a school bus driver. The most
recently formed negotiating team for the chapter included the chapter vice-president, two
custodians, a bus driver, and a paraeducator. At least two secretaries were asked to participate
on the team, but they declined.
Among issues brought to CSEA by unit employees over the past few years was, in
1998-99, a requested change to allow use of vacation by school secretaries through December
instead of August. The contract was amended to reflect that change. In listing issues
addressed since 1994, this was the only issue identified by CSEA specific to the secretaries
though they were covered by various other issues that affected all employees.
Changes in job classification for the library technicians and senior library technician
were negotiated in 1996-97 and the employees received upgrades in February 1997. SSII's
requested an upgrade in 1998. The SSII classification had not been looked at in about twelve
years and the secretaries believed that there were duties that had been added that would support
8

an upgrade in pay. They submitted their request to CSEA, and CSEA then opened up the idea
of a reexamination of job duties and possible upgrades to every classification in the bargaining
unit.
In January 1998, based on the request by the secretaries, CSEA requested that SSII's
move from range 14 to 17 and have their title changed to administrative assistant. CSEA
submitted other reclassification and upgrade requests, including for the warehousemen and
custodians, at the same time.
The cost of the proposed upgrades for secretaries was $26,890. The District at the time
stated there was only approximately $45,000 in new money for pay or benefit increases for the
classified unit. CSEA was also seeking increases for other employees at the time and trying to
extend benefits to employees of less than four hours. The District proposed a more general
review of job descriptions, including issues related to compliance with the Americans with
Disabilities Act , and then negotiate the recommendations of the study in the following year.
In the 1997-98 negotiations, the reclassification issue was dropped and CSEA ratified an
agreement that included no reclassifications but with a 3.4 percent salary increase for all
employees in the bargaining unit.
Interchange
There is one current SSII who worked previously as a library technician and another
previously worked as a paraeducator.
As noted, each school site has at least one SSII and at least one library technician. The
SSI and senior library technician are both located at Lone Tree. Each school site also has
custodians, food service workers, and paraeducators.
9

The senior library technician's contact with the school secretaries is infrequent,
involving occasional contact about a book or supply order. She communicates more often with
the District office.
At Wheatland School, the library technician fills in for the secretary at the lunch break
for a ½ hour. The coverage is primarily for the purpose of answering the phone but other
functions may be performed as well. The library technician may bring her own work to do
while she is there.
POSITIONS OF THE PARTIES
Petitioner
Petitioner contends that the job duties of school secretaries distinguish them from other
classified employees represented by CSEA and warrant approval of the requested severance.
Petitioner cites Sweetwater Union High School District (1976) EERB3 Decision No. 4
(Sweetwater) as authority for approval of office technical employees as an appropriate unit.
Petitioner disputes CSEA's argument that other District employees have like duties
based on their use of computers. Petitioner argues that no other classified employees have the
same responsibilities as secretaries, nor do other classified employees have the same working
conditions (11-month employees, nursing duties, person in charge in absence of school
principal). Petitioner contends their duties and working conditions are more akin to thoseof
confidential employees than other positions in the bargaining unit.
Petitioner also contends that school secretaries have not been effectively represented by
CSEA. Petitioner cites CSEA's decision in 1998 to drop a proposal for an upgrade because it
3 Prior to January 1, 1978, PERB was known as the Educational Employment Relations
Board.

would cost too much money, and the fact that the decision was made without communicating
with the secretaries.
District
The District contends that the unit sought by Petitioner is presumptively appropriate
under Sweetwater, as it encompasses all office-technical employees who are not excluded as
confidential. The District acknowledges that one other clerical classification exists (assistant
grant coordinator) but, noting that it will cease to exist at the end of June 2001, argues that it
would be an "odd result to deny the recognition of a bargaining unit based on the exclusion of
a classification that will cease to exist in a matter of months."
The District disagrees with CSEA on the question of whether the library technicians are
clerical positions. Citing descriptions of office technical employees in Sweetwater,
Sacramento City Unified School District (1977) EERB Decision No. 30 (Sacramento) and
Marin Community College District (1978) PERB Decision No. 55 (Marin), the District
contends that library technicians have as their primary purpose furthering the educational
program and that their clerical duties are "simply a by-product" of this purpose and, thus,
library technicians are distinguished from the school secretaries.
The District also argues that, even if not a presumptively appropriate unit, the proposed
unit of school secretaries is "an appropriate" unit under applicable Board precedent. In support
of this alternative theory, the District contends that school secretaries have a community of
interest that is separate and distinct from other classified employees, including the assistant
grant coordinator and library technicians. The District finds distinctions between the
secretaries and assistant grant coordinator in the areas of compensation, hours of employment
and lines of supervision. The District finds the secretaries and library technicians
11

distinguishable in the areas of work function, compensation and lines of supervision, while
they are distinguished from the senior library technician by work function and supervision.
The District also contends that representation history supports creation of the proposed
unit, pointing to evidence of internal conflicts within CSEA that contributed to the Petitioner's
loss of confidence in CSEA, and the school secretaries' dissatisfaction with efforts in support
of their reclassification and upgrade.
Finally, the District states that it does not contend that approval of the requested unit
would impair or harm its operational efficiency.
CSEA
CSEA urges that the proposed severance be denied because the requested unit is not an
appropriate unit under applicable PERB precedent, including Sweetwater. Citing Fremont
Unified School District (1976) EERB Decision No. 6 (Fremont), Beverly Hills Unified School
District (1978) PERB Decision No. 63, and Marin, CSEA argues that PERB has long favored
an office technical unit that, unlike the requested unit, includes typist clerks, education clerks,
secretaries, library technicians and other office support employees.4 CSEA further notes that,
in Sweetwater, the Board included an instructional aide-clerical classification in the office
technical rather than paraprofessional unit and also included the school clerk/library technician
in the office technical unit.
CSEA also contends that the employees in the proposed unit lack geographic or
functional unity, that the Petitioner has failed to establish a separate and distinct community of
4 In its brief, CSEA expressed confusion over whether the Petitioner intended to include
the SSI position. As noted above, Petitioner amended its petition on March 10, 2000, to
include the SSI position and confirmed this intent on the record during the hearing in this
matter.
12

interest shared by the school secretaries, and that the representation history does not support a
severance of these employees. CSEA last argues that, despite an acknowledged absence of
evidence, establishment of the separate unit would have a detrimental effect on the District's
efficiency of operations.
ISSUE
Is the proposed unit an appropriate unit for purposes of meeting and negotiating
pursuant to the Educational Employment Relations Act (EERA)?5
DISCUSSION
Unit Determination Criteria
In each unit determination case, the Board is bound to follow the criteria set forth in
EERA at section 3545(a):
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.
In Sweetwater, the Board referenced the statement of legislative intent contained in
EERA section 35406 in holding that:
5 The EERA is codified at Government Code section 3540 et seq.
6 The relevant portion of section 3540 quoted by the Board reads as follows:
13

... Implicit in this statement of legislative intention is the notion
that the employees will have the ability to choose an organization
which is an effective representative. An effective representative
will generally be one largely determined by the community of
interest and established practices of the employees rather than the
efficient operation of the school district.
However, in the same decision, the Board also noted that
[i]t is a legitimate concern that excessive fragmentation of
negotiating units may burden an employer with multiple
negotiating processes and postures and with a variety of
negotiated agreements difficult to administer because their
provisions differ. ...
The Board ruled early in its history that it must in each case determine the
"appropriateness" of a unit without being limited only to a choice between "an" or the "most"
appropriate unit, and must in each case weigh and balance the statutory criteria in order to
achieve consistency of application and the general objectives of BERA. (Antioch Unified
School District (1977) EERB Decision No. 37 (Antioch).)
In Sweetwater, the Board announced its preference for three units of classified
employees: instructional aides; office-technical and business services; and operations and
support services. The significance of the Sweetwater "preferred" units was further explained in
Compton Unified School District (1979) PERB Decision No. 109 (Compton) where the Board
held that
It is the purpose of this chapter to promote the
improvement of personnel management and employer-employee
relations within the public school systems in the State of
California by providing a uniform basis for recognizing the right
of public school employees to join organizations of their own
choice, to be represented by the organizations in their
professional and employment relationships with public school
employers, to select one employee organization as the exclusive
representative of the employees in an appropriate unit, ...
14

a variant unit will not be awarded unless it is more appropriate
than the Sweetwater unit based on a separate and distinct
community of interest among employees in the variant unit or
other section 3545(a) criteria. [Emphasis added; fn. omitted.]
The Sweetwater units were held in Antioch to
reflect a proper balance between the harmful effects on an
employer of excessive unit fragmentation and the harmful effects
on employees and the organizations attempting to represent them
of an insufficiently divided negotiating unit or units....
More recently, in South Bay Union Elementary School District (1990) PERB Decision
No. 816 (South Bay), the Board reiterated its preference for Sweetwater units, as well as its
disinclination to approve a wall-to-wall classified unit, when it reversed a decision finding a
wall-to-wall classified unit appropriate for a small school district.7 Citing Shasta Union High
School District (1977) EERB Decision No. 34 and Greenfield Union School District (1977)
EERB Decision No. 35, the Board did not foreclose the possibility of ever finding a wall-to-
wall unit appropriate but stated that such a finding could only be made "where there exists
interchangeable functions and parallel working conditions consistent with the community of
interest required to find a unit appropriate." (South Bay.) The Board rejected the proposed
wall-to-wall unit in South Bay because the parties "failed to present evidence that
interchangeable functions and parallel working conditions exist among the classified
employees."
When a petition is filed to sever a presumptively appropriate Sweetwater unit from a
larger, non-Sweetwater unit, the burden is on those opposing the severance to show that the
established unit is more appropriate than the requested unit. (Livermore Valley Joint Unified
7The wall-to-wall unit favored by the hearing officer in that case would have included
only 37 employees.
15

School District (1981) PERB Decision No. 165 (Livermore); San Juan Unified School District
(1995) PERB Decision No. 1082 (San Juan); Temple City Unified School District (1995)
PERB Decision No. 1110.) Thus, if the requested unit is a Sweetwater style office technical
unit, the burden would be on CSEA to show the established wall-to-wall unit is more
appropriate. However, even if the requested unit is not presumptively appropriate under
Sweetwater, the unit may still be approved if it is "an" appropriate unit. (Long Beach
Community College District (1999) PERB Decision No. 1315 (Long Beach).)
Analysis
The Petitioner's arguments fail in certain respects to establish a credible basis for
approval of the requested severance. For example, the emphasis placed by Petitioner on the
SSII's role in first aid and other student health issues does not appear from the evidence to
distinguish them from other classified employees, including bus drivers and library
technicians.
There is certainly no persuasive evidence that the interests of secretarial employees
have been "trampled upon or ignored" by CSEA. (State of California (Department of
Personnel Administration) (1989) PERB Decision No. 773-S.) However, the SSII's efforts to
obtain CSEA support and ultimate approval of an upgrade and reclassification does illustrate
the tensions that are created by a wall-to-wall unit for an exclusive representative's attempts,
even in good faith, to represent diverse interests. 8
The record here reflects that CSEA and the District have had a longstanding but not
always stable bargaining relationship. While CSEA has addressed the needs of secretarial
8 As stated by Marcia Rice, CSEA's labor relations representative assigned to the
District, "Wall-to-wall units are very interesting to negotiate for." 	(Hearing Transcript, p. 80.)
16

employees in certain respects, CSEA and the secretarial employees have opposing views on the
relative importance of upgrades for the SSII classification and general wage increases. 	While
secretarial employees have been represented on the CSEA negotiations team in the past, they
have not participated recently.
The Board has recognized that negotiating history must be considered, along with other
section 3545 criteria, as an important factor in evaluating a severance request. 	(Livermore.)
However, the Board has also made clear that where the existing wall-to-wall unit was
established by voluntary agreement and its appropriateness was not fully litigated before
PERB, the negotiating history will not be granted the same deference to which it might
otherwise be entitled. (Livermore; Long Beach.)
CSEA's opposition to the proposed unit emphasizes the omission of the library
technician and senior library technician classifications. CSEA contends that these positions
share a community of interest with the SSII and SSI and, consistent with PERB precedent,
should be included in order to form a presumptively appropriate office/technical unit.
As noted by CSEA, the Board included library clerks in an office-clerical unit in Marin.
However, the Board described that unit as one including employees who "do not regularly or
primarily interact directly with students in connection with the educational program."
Meanwhile, in the same decision, the Board placed the library technical assistant in a
technical/quasi-professional unit. In Fremont, another case cited by CSEA, the Board included
library clerks I and II with school secretaries and other clerical positions without discussion.
In that case, the Board distinguished instructional aides from other classified employees, in
part, by holding that other classified employees' duties "do not involve direct interaction with
students and their educational development."
17

While the library technicians perform clerical functions, they clearly also perform
functions directly related to the education of students. As the Board said in Sacramento,
employees in a office/technical unit "perform only clerical and record keeping work." 	Thus,
while library technicians and school secretaries may share certain interests relating to
educational requirements, working indoors, and performance of clerical duties, PERB
precedent clearly favors their placement in separate units based on the educational
development functions of the library technician positions.
It follows logically, and the record evidence clearly demonstrates, that the senior library
technician has more in common with the library technicians than with the SSII's or SSL 	Thus,
the Petitioner's exclusion of the senior library technician does not render the proposed unit
inappropriate.
The working conditions, job duties, lines of supervision and educational requirements
of the SSH and SSI classifications support finding the positions share a community of interest.
Most important, they constitute with one exception the only non-confidential positions9 that
"perform only clerical and record keeping work" for the District.
The one exception is the assistant grant coordinator position. Based on the duties,
working conditions, and supervision of this position, it clearly should be included in a
Sweetwater office technical unit. While the District argues in its brief that the assistant
coordinator position is budgeted from categorical funds and will cease to exist at the end of the
current school year, the evidence is silent on both points.
18

Nevertheless, the District's ultimate argument, that omission of a single position should
not serve to defeat an otherwise appropriate unit, is well taken. The omission of the assistant
grant coordinator position does not allow finding the proposed unit presumptively appropriate,
but approval of the requested unit requires only that it be determined to be "an" appropriate
unit. (Antioch; Long Beach.) 10
Conclusion
The finding here is that the SSII's and SSI share a community of interest based on
common duties, function, working conditions and supervision. It is further held that their
community of interest is separate and distinct from other classified employees of the District
because they do not perform manual labor, operate heavy equipment or work outdoors (in
contrast to such positions as custodians, groundsworkers and bus drivers) and do not (in
contrast to paraeducators and library technicians) have as a regular or primary duty "direct
interaction with students and their educational development." Their separate and distinct
community of interest is also based on the fact that they alone, with the sole exception of a
single, part-time position, are the only non-confidential classified employees who "perform
only clerical and record keeping work" for the District.
9 CSEA contends at one point that if the SSII's believe they are confidential employees
they should have filed a unit modification petition rather than a severance request. This
argument is disregarded, as neither EERA nor PERB regulations allow individual employees
or a group of employees to file a petition to have their position(s) excluded as confidential.
Only an employer or exclusive representative can file such a petition.
10 Under State of California (Department of Personnel Administration), supra, PERB
Decision No. 773-S, modification of the requested unit to include the assistant grant
coordinator position is not an option.
19

PROPOSED ORDER
After an examination of the foregoing findings of fact and conclusions oflaw, and the
entire record in this case, it is hereby ORDERED that the instant severance request is
GRANTED. Accordingly, a unit of the District's employees in the secretary I and secretary II
classifications is found to be appropriate for meeting and negotiating provided an employee
organization becomes the exclusive representative.
The employee organizations whose names shall appear on the ballot are the California
School Employees Association and its Wheatland Chapter 626 and School Secretaries II Group
of the Wheatland School District, unless one of those organizations informs the undersigned in
writing, within 15 workdays after the employer posts the Notice of Decision, that it does not
desire to participate in the election. An election shall be conducted at the end of the posting
period in such unit if: (1) both of the above-named employee organizations desire to participate
in the election, or (2) only one organization desires to participate and the employer does not
grant voluntary recognition.
Right of Appeal
Pursuant to California Code of Regulations, title 8, section 32305, this Proposed
Decision and Order shall become final unless a party files a statement of exceptions with the
Board itself within 20 days of service of this Decision. The Board's address is:
Public Employment Relations Board
Attention: Appeals Assistant
1031 18th Street
Sacramento, CA 95814-4174
FAX: (916) 327-7960
20

In accordance with PERB regulations, the statement
of
exceptions should identify
by
page citation
or
exhibit number the portions
of
the record,
if
any, relied upon for such
exceptions. (Cal. Code Regs., tit. 8 , sec. 32300.)
A document is considered "filed" when actually received before the close
of
business
(5:00 p.m.)
on
the last day set for filing or when mailed
by
certified or Express United States
mail, as shown on the postal receipt or postmark, or delivered to a common carrier promising
overnight delivery, as shown on the carrier's receipt, not later than the last day set for filing.
(Cal. Code Regs., tit.
8,
secs. 32135(a) and 32130.)
A document is also considered "filed" when received
by
facsimile transmission before
the close
of
business on the last day for filing together with a Facsimile Transmission Cover
Sheet which meets the requirements
of
California Code
of
Regulations, title 8, section
32135( d), provided the filing party also places the original, together with the required number
of
copies and
proof
of
service, in the U.S. mail. (Cal. Code Regs., tit.
8,
sec. 32135(b), (c) and
(d); see also Cal. Code Regs., tit.
8,
secs. 32090 and 32130.)
Any statement
of
exceptions and supporting
brief
must be served concurrently with its
filing upon each party to this proceeding.
Proof
of
service shall accompany each copy served
on a party or filed with the Board itself. 	(See Cal. Code Regs., tit. 8 , secs. 32300, 32305,
32140, and 32135(c).)
21
I
Les Chisholm
Regional Director