Elk Grove Unified School District (PERB 1688E)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
ELK GROVE UNIFIED SCHOOL DISTRICT,
Employer,
and
ELK GROVE ADMINISTRATIVE SUPPORT
ASSOCIATION,
Petitioner.
Case No. SA-RR-1031-E
PERB Decision No.
	1688
September 	17,	
200L~
ELK GROVE UNIFIED SCHOOL DISTRICT,
Employer,
and
AFSCME LOCAL 258,
Exclusive Representative.
Case No. SA-UM-695-E
Appearances: 	Christine Robinson, President-elect, for Elk Grove Administrative Support
Association; Beeson, Tayer & Bodine by Ben M. Ebbink, Attorney, for AFSCME Local 258.
Before Duncan, Chairman; Whitehead and Neima, Members.
DECISION
WHITEHEAD, Member: This case is before the Public Employment Relations Board
(PERB or Board) on appeal by the Elk Grove Administrative Support Association (EGASA)
of
a Board agent's proposed decision (attached).
In November 2001, EGA SA had requested recognition
of
a proposed unit composed
of
approximately 100 employees in 3 3 classifications
of
administrative support staff that had
previously been classified as confidential employees. At the same time, AFSCME Local 258
(AFSCME), the exclusive representative of a unit of classified employees, filed a unit

modification petition to add 31 of those 33 classjfications to its existing unit. 1 After several
days of hearing and review of numerous exhibits, the Board agent issued a proposed decision
denying EGASA' s petition and granting AFSCME' s petition.
The Board has reviewed the entire record, including the petitions from EGASA and
AFSCME, the District's response, the parties' briefs, the hearing transcripts and exhibits, the
Board agent's proposed decision, EGASA's exceptions and AFSCME's response. The Board
finds the Board agent's proposed decision to be free of prejudicial error and adopts it as a
decision of the Board itself.
ORDER
For the reasons set forth above, the request by the Elk Grove Administrative Support
Association to establish a separate Administrative Support unit is hereby DENIED, and the
unit modification petition filed by AFSCME Local 258 is APPROVED. It is therefore
ORDERED that the following classifications be added to the classified employee unit
represented by AFSCME: Assessment and Evaluation Analyst; Attendance Accounting
Specialist; Budget Technician I and II; Budget Technician-Curriculum/Professional Leaming;
Budget Technician-Food and Nutrition Services; Building Program Accounting Specialist;
Computer Repair Shop Lead-BTTI; Computer Training & Support Specialist I, II and III;
Continuation School Secretary; Elementary School Secretary; High School Secretary; Middle
School Secretary; Network Administrator III2; Personnel Technician I, II and III; Programmer
Analyst I, II and III; School Secretary-Special Programs; Senior Computer Training & Support
1AFSCME's petition did not seek addition ofthe Community Partnership Coordinator-
CalWORKS and Parent Involvement Coordinator classifications.
2The Network Administrator I and II classifications are not placed in the unit by this
decision because the positions are vacant. (Mendocino Community College District (1981)
PERB Decision No. 144a; Marin Community College District (1978) PERB Decision No. 55.)
2

Specialist; Senior Network Administrator; Senior Programmer Analyst; Technology Planning
Specialist; and Web Specialist.3
Chairman Duncan and Member Neima joined in this Decision.
3See footnote 1.
3

STATE OF CALIFORNIA
PUBLIC EMPLOYMENT RELATIONS BOARD
ELK GROVE UNIFIED SCHOOL DISTRICT,
Employer,
and
ELK GROVE ADMINISTRATIVE SUPPORT
ASSOCIATION,
Petitioner.
REPRESENTATION
CASE NO. SA-RR-1031-E
ELK GROVE UNIFIED SCHOOL DISTRICT,
Employer,
and
AFSCME LOCAL 258,
Exclusive Re resentative.
REPRESENTATION
CASE NO. SA~UM-695-E
PROPOSED DECISION
(9/26/2002)
Appearances: Parham & Rajcic,
by
Jackson E. Parham, Attorney, for Elk Grove Unified
School District; Christine L. Robinson, President-elect, for Elk Grove Administrative Support
Association; Beeson, Tayer & Bodine,
by
Ben M. Ebbink, Attorney, for AFSCME Local 258.
Before Les Chisholm, Regional Director.
PROCEDURAL HISTORY
On November 1, 2001, the Elk Grove Administrative Support Association (EGASA or
Association) filed a request for recognition (PERB Case No. SA-RR-1031-E) with the Elk
Grove Unified School District (District) and the Public Employment Relations Board (PERB
or Board). EGASA's petition seeks representation for approximately 100 employees in 33
classifications that, prior to November 1, 2001, had been designated by the District as
confidential. The current titles
of
these classifications are Assessment and Evaluation Analyst;

Attendance Accounting Specialist; Budget Technician I and II; Budget Technician-
Curriculum/Professional Learning; Budget Technician-Food and Nutrition Services; Building
Program Accounting Specialist; Community Partnership Coordinator-CalWORKS; Computer
Repair Shop Lead-Business Technology Training Institute (BTTI); Computer Training &
Support Specialist
I,
II and III; Continuation School Secretary; Elementary School Secretary;
High School Secretary; Middle School Secretary; Network Administrator I, II and III; Parent
Involvement Coordinator; Personnel Technician
I,
II and III; Programmer Analyst I, II and III;
School Secretary-Special Programs; Senior Computer Training & Support Specialist; Senior
Network Administrator; Senior Programmer Analyst; Technology Planning Specialist; and
Web Specialist.1
Also on November
1,
2001, Local 258
of
the American Federation
of
State, County and
Municipal Employees (AFSCME or Local 258) filed a unit modification petition (PERB Case
No. SA-UM-695-E) seeking to add
31
of
these classifications to its established bargaining
unit.2
The District's response to EGASA's request for recognition noted that a competing
petition had been filed
by
AFSCME and stated that the District would maintain its neutrality.
However, the District's initial response to AFSCME's petition questioned whether the affected
employees wished to be a part
of
any bargaining unit, suggested that the positions lacked a
1 The record includes a limited amount
of
information concerning two other
classifications (Loss Control Specialist and Risk Management Technician-Lead). However,
neither petitioner amended its petition to include these two classifications and they shall not be
discussed herein.
2 The AFSCME petition did not include the classifications titled Community
Partnership Coordinator-CalWORKS and Parent Involvement Coordinator.
2

"direct" community
of
interest with other positions represented
by
AFSCME, and predicted
"difficult internal struggles"
if
AFSCME's petition were approved.
Settlement discussions, including a PERE-conducted settlement conference
on
January 11, 2002, failed to produce a resolution
of
the unit dispute. A formal hearing was
conducted
by
the undersigned
on May
14, 15, 28 and 29, 2002. With the receipt
of
briefs from
EGASA and AFSCME,3 the matter was submitted for decision
on
July 19, 2002.
FINDINGS OF FACT
Background
The District is a large and growing school district, with over 40 schools and an average
daily attendance (ADA)
of
approximately 50,000.
At
present, there are five established
bargaining units in the District: a pupil personnel unit represented
by
the Psychologists and
Social Workers Association, a certificated unit represented
by
the Elk Grove Education
Association, a transportation unit represented
by
the Amalgamated Transit Union, an
instructional aides unit represented by the California School Employees Association (CSEA),
and a classified employees unit represented
by
AFSCME. The AFSCME-represented unit,
numbering approximately 1,100 employees, includes both office/technical and operations
support classifications.
The Elk Grove Confidential & Administrators' Association (EGCAA) is a non-
exclusive representative
of
employees who are not in any bargaining unit recognized or
certified pursuant to the Educational Employment Relations Act (EERA).4 The employees at
3 The District, by letter dated June 21, 2002, confirmed that it would not file a post-
hearing brief in this matter.
4 EERA is codified at Government Code section 3540 et seq.
3

issue here formerly participated in the EGCAA, along with other administrative and
confidential employees who remain excluded from EERA coverage. While the EGCAA lacks
the right under EERA to meet and negotiate with the District, the District does meet with its
representatives over issues including health and other benefits and salary.
In 1982, Local 258 filed a unit modification petition (PERB Case No. SA-UM-144-E)
seeking, inter alia, to add what were then titled principals' secretaries to its classified unit. The
requested modification was opposed
by
the District on grounds that the secretaries were
properly designated as confidential employees, and the petition was later withdrawn. From
time to time, however, AFSCME renewed its contention that the secretaries, as well as other
positions, were improperly designated as confidential. This issue was raised again in
negotiations in 1999 and 2000. The District agreed that a classification study being conducted
by
Ewing & Associates would include an examination
of
whether positions were improperly
designated as confidential based on the definition
of
confidential employee found in EERA.5
In the fall
of
2001, the Ewing study was received and acted upon
by
the District. The
employees covered
by
the petitions in this proceeding were notified that, effective
November 1, 2001, they would no longer be designated as confidential. The District did not
agree to place the affected employees in AFSCME's or any other established bargaining unit.
The employees were instead placed on a separate salary schedule designated as
"Administrative Support," with an assurance that the employees' salary and benefits would
remain the same.
5 EERA section 3540.l(c) provides that
"Confidential employee" means any employee who, in the regular
course
of
his or her duties, has access to, or possesses information
relating to, his or her employer's employer-employee relations.
4

Community
of
Interest Factors
Lines
of
Supervision
The District's organization chart shows three associate and four assistant
superintendents reporting to the superintendent, and two assistant superintendents reporting
by
way
of
one
of
the associate superintendents. While the employees at issue here fall into many
of
the District's departments, the largest concentrations report to supervisors who
in
tum
report
to the Associate Superintendent for Education Services, Associate Superintendent for
Elementary Education, or Associate Superintendent for Secondary Education.
The director
of
Technology Services, who reports to the Associate Superintendent for
Education Services, supervises 36 employees in
13
classifications that are covered
by
the
petitions. Included are the Computer Repair Shop Lead-BTTI, Computer Training and Support
Specialist I (4 employees), II (16) and III (2), Senior Computer Training and Support Specialist
(2), Network Administrator III (1) and Senior Network Administrator (1), Programmer Analyst
I (1), II (2) and III (3), Senior Programmer Analyst (1), Technology Planning Specialist (1) and
Web Specialist (1).6
Also under the Associate Superintendent for Education Services are two Assessment
and Evaluation Analysts within Research and Evaluation, the Budget Technician-Curriculum/
Professional Leaming and a School Secretary-Special Programs who report to the Assistant
Superintendent for Curriculum/Professional Leaming, and one Budget Technician I in
Prevention and Intervention Services under the Assistant Superintendent for Student Services.
6 This department also would include employees classified as Network Administrator I
and II, but no such positions were filled at the time of the hearing.
5

The principals at the 33 elementary schools report to the Associate Superintendent for
Elementary Education and each supervises an Elementary School Secretary. The Office of
State and Federal Programs is also under the Associate Superintendent for Elementary
Education and that office employs one Assessment and Evaluation Analyst and one Budget
Technician II.
Likewise, principals at the middle schools, high schools and continuation high schools
report to the Associate Superintendent for Secondary Education, and together they supervise a
total of 16 employees in the classifications of Middle School Secretary (6 employees), High
School Secretary (6) and Continuation School Secretary (4). Adult Education also falls under
the Associate Superintendent for Secondary Education, and that unit employs the Community
Partnership Coordinator-CalWORKS (1 employee), one Budget Technician I, and two
employees in the School Secretary-Special Programs classification. In addition, one School
Secretary-Special Programs is employed in the Career & Educational Options office that is
under the Associate Superintendent for Secondary Education.
The remaining employees report to or through their respective supervisors to the
Assistant Superintendent for Business Services (Attendance Accounting Specialist (1 ), Budget
Technician I (3) and Budget Technician II (2) in Fiscal Services, and Budget Technician-Food
and Nutrition Services (1) in Food and Nutrition Services); the Assistant Superintendent for
Facilities (Building Program Accounting Specialist (1) in Planning); the Assistant
Superintendent for Human Resources (two employees each in the classifications of Personnel
Technician I, II and 111); and the Chief of Staff (Parent Involvement Coordinator (1 )).
While AFSCME-represented employees are also located in various departments and
units not referenced above, each of the units in which employees at issue work also includes
6

employees in classifications in the existing AFSCME unit. For example, Technology Services
also employs computer technicians (I, II, III and Senior); Fiscal Services includes the
accounting technicians I and II; various clerical classifications, inter alia, are found at the
school sites; and both Adult Education and BTTI utilize such classifications as admissions
representative and technician and fiscal technician.
In District offices and departments employing both AFSCME-represented employees
and employees in disputed classifications, the employees work under common supervision. At
school sites, for example, clerical personnel generally, including school secretaries and school
office assistants, report to the principal.
Salaries and Benefits
The Administrative Support salary schedule includes seven steps. For 2001-2002, the
lowest paid positions sought by EGASA are in a salary range with an annual salary between
$33,506 and $42,591. The highest paid positions are in a salary range between $58,935 and
$74,913 per annum. This schedule lists only one range for each classification.
The AFSCME salary schedule differs from that for Administrative Support in part
because it includes training class levels. That is, each level includes four ranges, with
employees eligible to progress upward through the levels based on units/hours earned after the
employee's hire date. The AFSCME schedule also includes only six steps rather than seven.
The low end
of
the AFSCME salary schedule is also significantly lower than that
of
the
Administrative Support positions at issue here. However, the upper end
of
the salary schedule
is not significantly different. For example, the planner III can reach an annualized salary,
based on the 2001-2002 schedule,
of
$68,100. The senior computer technician's highest range
tops out at $70,416, and the construction inspector-technician at $73,860.
7

Finally, with regard to salary, the longevity bonus available on the two salary schedules
differs. Under AFSCME's schedule, the longevity bonus for 2001-2002 is expressed in a flat
dollar amount, and ranges from $459 (after the th
J1h year) to $1,860 (after the
25
	).
On the
Administrative Support schedule, the longevity bonus does not commence until after the
13
th
year, but then ranges from 1 percent to 6 percent
of
base salary (after the 28 th year).
While most benefits are the same for all District employees, represented and
unrepresented, two areas
of
difference prevail between AFSCME's unit and the Administrative
Support employees. First, under AFSCME's collective bargaining agreement with the District,
employees are initially eligible for vacation at the rate
of
one day (8 hours) per month, but
gradually accrue more vacation time so that, beginning in the
15
th year, they earn two days (or
16
hours) per month. Administrative Support employees begin at a higher rate, 15.33 hours
per month, but do not increase their accrual over the course
of
their employment. The second
area
of
difference involves life insurance, where Administrative Support employees receive a
term life benefit in the amount
of
$150,000 but AFSCME-represented employees are only
eligible for $50,000.
Certain classifications within the Administrative Support category, but not all, have
been determined by the District to be exempt from overtime pursuant to state and federal laws.
The classifications exempt from overtime are 14 job titles utilized in Technology Services,7
plus the Assessment and Evaluation Analyst. The remaining
18
classifications, like those
covered by the AFSCME contract, are not exempt.
7 Only the Computer Repair Shop Lead-BTTI, among the disputed titles utilized in
Technology Services, is not exempt from overtime.
8

Education and Experience
While the specific wording and requirements
of
classifications vary by subject
expertise, there are three major groupings in which they may be placed. Eight
of
the
classifications at issue require a bachelor's degree plus one to four years
of
relevant
experience. These eight classifications, in progressive order
of
number
of
years experience
required, are the Assessment and Evaluation Analyst and Programmer Analyst
I;
Network
Administrator III and Programmer Analyst II; Programmer Analyst III; and Senior Network
Administrator, Senior Programming Analyst, and Technology Planning Specialist. In the
AFSCME unit, only the planner
I,
II and III classifications require a bachelor's degree (plus
two or more years
of
related experience in the field).
A second group
of
classifications includes those that require graduation from high
school plus college level course work plus experience. There are, again, gradations within the
group as to the amount
of
college-level work required and the number
of
years ofrelated
experience. Included here are the classifications
of
Budget Technician I and Budget
Technician-Curriculum/Professional Leaming (two years college plus one year experience);
Budget Technician II (two years college plus two years experience); and Budget Technician-
Food and Nutrition Services (two years college plus three years). Classifications requiring less
in the way
of
college-level course work but requiring two to five years
of
relevant experience
are the Computer Repair Shop Lead-BTTI, Computer Training and Support Specialist
I,
II and
III, Senior Computer Training and Support Specialist, Building Program Accounting
Specialist, High School Secretary, and Web Specialist.
.
AFSCME-represented classifications that also fall within this latter category of
education and experience requirements include the school bookkeeper, state and federal fiscal
9

technician, accounting technician I and II, construction technician
I,
II and III, regional team
program technician, admissions representative and technician, career center technician,
counseling/guidance technician, fiscal technician, construction inspector-technician, theater
productions specialist, maintenance alarm technician, and senior computer technician.
The remaining classifications at issue here require graduation from high school plus
two or more years
of
related experience. Many AFSCME-represented classifications also fall
within this grouping.
However, other AFSCME-represented classifications fall within groupings that involve
less education and/or less experience. While most require at least a high school education,
some have only an experience or ability requirement listed. 8
Job Duties
The Building Program Accounting Specialist performs complex accounting functions
related to various funds that support construction, maintenance and retrofitting
of
school
buildings, including reports and record maintenance to show compliance with various state
laws. This position is responsible, inter alia, for processing construction progress payments,
monitoring contracts, and recording and tracking Office
of
Public School Construction fund
releases by project. The person in this position works with state agencies and outside auditors,
as well as with District personnel in accounting, budget, finance and purchasing. The current
incumbent in this position has previously been classified as an account clerk, accounting
technician and fiscal technician, and was reclassified to her current title with AFSCME' s
assistance.
8 Certain AFSCME positions require high school graduation, plus completion of an
appropriate apprenticeship program, plus experience in the trade; this particular combination is
not found in the classifications that EGASA seeks to represent.
10

The Assessment and Evaluation Analyst performs duties related to assessment and
testing programs within the District. The functions include designing and conducting survey
processes, providing technical assistance and training to other District personnel, and
coordinating projects through the Technology Services department. This position is also
responsible for data collection, the analysis and reporting
of
data, assisting with the
interpretation and presentation
of
findings, and helps evaluate testing programs.
The Attendance Accounting Specialist, who reports to the Manager-Accounting in
Fiscal Services, performs complex accounting functions for various funds, performs
calculations and analyses necessary to create the District's ADA reports, audits attendance
reports from school sites, compiles reports on attendance, enrollment and class size, and
reconciles District records with county reports. The specialist also provides training to site
personnel concerning attendance and enrollment, and serves as a resource to assist school site
personnel in reporting ADA. The incumbent in this position was previously classified as an
accounting technician. The school site personnel involved in attendance reporting are in the
AFSCME unit.
While specific duties
of
the various budget technician classifications vary, these
personnel are responsible generally for calculations and analyses required for the preparation
of
program and District budgets and for forecasting revenues and expenditures, to develop new
school startup schedules or funding models, to work with personnel in accounting and
technology services to reconcile anomalies, and to work with human resources, technology
services and accounting to improve financial accounting and position control systems.
Employees in these positions may work with program managers to help prevent over-
expenditures, review purchases and travel requisitions to determine availability of funds, assist
11

in salary review, and prepare reports for the Board
of
Education. These employees have
frequent work related contact with school secretaries. Many incumbent budget technicians
previously held District positions in the AFSCME unit, including in accounting and at school
sites as a school bookkeeper.
The Community Partnership Coordinator-CalWORKS position works with other adult
education staff to implement CalWORKS programs. The focus is on helping individuals in the
community find and/or become competitive for employment. Activities in pursuit
of
this
mission involve contact with local and regional businesses, local governmental agencies,
community members, and school site personnel.
The Parent Involvement Coordinator serves as a program liaison between families and
the schools, and participates in the planning, organization and implementation
of
parent
involvement efforts in the District. The work involves frequent contact with school
administrators, parents and teachers. The position also has responsibilities in the area
of
monitoring budgets and expenditures.
The Personnel Technician I deals primarily with attendance reporting and record
keeping. These employees work closely with employees in the Payroll Department, they are
required to be familiar with District policies and provisions
of
the collective bargaining
agreements, and they are called upon to assist administrators and supervisors in interpreting
such information. The Personnel Technician II is more involved in the processing
of
job
applications, both for certificated and classified positions. When a posting is requested, the II
is responsible for verifying that a budgeted position is available, and then to screen
applications as they come through. The Personnel Technician III performs a variety
of
related
duties involving higher levels ofresponsibility, including in the areas
of
monitoring the
12

vacancy status report and overseeing the posting process. The III evaluates transcripts and
records
of
classified staff, certificated staff and applicants vis-a-vis eligibility for licenses,
credentials and permits. The level III position also prepares job announcements, paper
screening instruments, and employment tests. Personnel technicians may be
asked to assist
personnel analysts or administrators with respect to pending grievances or preparation
of
information for negotiations. Also employed in the Human Resources department are
personnel assistants, represented
by
AFSCME.
The Computer Repair Shop Lead-BTTI is responsible for the repair
of
computers and
other computer-related hardware, such as printers, including warranty repairs for certain
brands. This position also supervises work by students performing repair work. The
incumbent operates a mobile repair service (the repair van) and oversees the repair shop. The
incumbent is responsible for maintaining an inventory
of
spare parts and ordering supplies as
needed, and also deals with the disposal or salvage
of
surplus and outdated equipment. The
employee in this position has work related contact with all employees in the District who work
with computers, and frequently consults with other employees in the Technology Services
department, including the senior computer technician.
The computer training and support specialist positions (I, II, III and Senior) as a group
provide technical support and training for District personnel. As might be expected, the higher
level positions within the series have increased responsibilities, and the senior positions serve
in a lead capacity over groups focussed, respectively, on network servers and personal
computer (PC) support. The range
of
duties performed includes providing troubleshooting
support through a "hotline" service, repairs
of
computers, printers and other peripherals,
performing minor server maintenance, setting up new computer labs, doing computer
13

installations, and installing new software. These positions support computer workstations in
classrooms, in administrative offices and in student computer labs. Some employees work out
of
regional sites located at schools while others are based in the Trigg Annex with other
Technology Services employees but may travel to sites. These employees potentially interact
with any District employee regarding a computer problem.
The Network Administrator III and Senior Network Administrator are responsible for
the design, maintenance and implementation
of
network systems, both local and wide area, for
the District. They work with the required equipment, including hubs, switches, routers and so
forth, that allow the computers to "talk" to one another. These positions also assist with higher
level or more difficult problems that the computer training and support specialists need help
with, and the senior level position also deals with network security issues and the preparation
of
budgets. Their job duties involve frequent contact with site technology technicians,
telecommunications specialists, and construction managers, as well as with technology
classifications that are at issue in this proceeding.
All employees in the programmer analyst series (I, II, III and Senior) do program
design and coding
of
computer based systems that are needed for various divisions
of
the
District. The independence and technical expertise
of
the positions increases from level to
level. These employees also assist with hotline support calls, especially in the area
of
debugging software-based problems. Work related contact occurs with a wide spectrum
of
other offices and employees
of
the District, as the Technology Services department generally
and the programmer analysts specifically deal with the District's instructional computer labs,
financial systems, student information system, telecommunications and telephones, and
personnel and payroll systems.
14

The Technology Planning Specialist is the primary interface between the Technology
Services department and Facilities and Planning with respect to technical specifications
required for such issues as network cabling and phone switches in new and modernized
facilities. The person in this position works with architects, construction managers, network
administrators and telecommunications specialists, among others, to ensure that architectural
plans are accurate with regard to the District's needs.
The Web Specialist creates and maintains both the District's Internet web site and its
Intranet (internal) web site. This employee manages the Web servers, creates and maintains
information on the web sites, "Web-enables" access to information, and works with school
sites to publish Web data.
The High School Secretary has a separate office located outside the principal's office,
and functions as an office manager who delegates work to and oversees work assigned to other
office employees. The secretary maintains confidential subject files, including student
discipline and personnel. The secretary opens mail directed to the principal, attends meetings
and takes notes, and prepares staff absence reports. The secretary often composes letters to
respond to correspondence for the principal, and gathers information for the principal. The
secretary, along with other office employees, frequently interacts with parents and students, as
well as other school site personnel, both teaching and classified. The numbers
of
office
employees vary from site to site, but one secretary testified that her site also employs six
school office assistants I, an attendance technician, a data processing assistant, a school
bookkeeper, and a registrar.
The Middle School Secretary, except for the lack
of
a separate office, is very similarly
situated to the High School Secretary with respect to working environment, duties, interaction
15

with other employees, students and parents, and the complement
of
other office employees
utilized at the site. Like the High School Secretary and other school secretaries, the Middle
School Secretary often has work related contact with budget technicians and employees in
Human Resources.
The Continuation School Secretary works in a non-traditional environment when
compared with other school secretaries and clericals, dealing with higher-risk students. The
job
duties
of
the position are, however, similar to those
of
other school secretaries. The
Continuation School Secretary maintains site personnel records, prepares personnel action
forms, is involved in the submission
of
paperwork to post positions and to screen applicants,
maintains student discipline files, and maintains school calendars. The secretary opens mail,
frequently prepares responses for the principal, orders supplies, and acts as the school
bookkeeper for the site. Also employed at the site are employees in data processing assistant
and registrar classifications.
The Elementary School Secretary's work environment differs in fundamental respects
from that
of
the Continuation School Secretary, but the job duties described at the hearing and
in the written job description are very similar. In fact, all school secretaries function in the role
of
office managers for their respective school sites and assist the principal in many ways. At
the elementary schools, the school secretary again fills the role
of
school bookkeeper but is
assisted in other clerical tasks by employees in the school office assistant I or II classification.
The School Secretary-Special Programs classification is used in various offices,
including adult education and BTTI. Like other school secretaries, these employees provide
support to the administrator, often delegate work to and oversee the work
of
such other clerical
16

classifications as school office assistant I and registrar, answer phones, interact with teachers,
students and parents, and handle correspondence and filing.
Hours and Working Conditions
The classifications at issue here are situated at various District locations. A number
of
classifications, including personnel positions, budget technicians, the Building Program
Accounting Specialist, and some programmer analysts, are found at the District headquarters
building (the Trigg Building). As noted earlier, most technology classifications are housed in
the Trigg Annex or at a school site, while the Computer Repair Shop Lead-BTTI is located at a
separate facility housing the Business Technology Training Institute. School secretaries, as
might be expected, are found at school sites. One common characteristic
of
all these sites is
that AFSCME-represented positions are also found there, frequently working in the same
offices as or side-by-side with Administrative Support classifications. Considerable evidence
of
social interaction, structured and otherwise, among all employees at a site was introduced
during the hearing.
The employees at issue generally work set schedules with hours that fall between 7:00
a.m. and 5:00 p.m. (e.g., 7:00 a.m. to 4:00 p.m., or 7:30 a.m. to 4:30 p.m., etc.). Employees in
AFSCME-represented positions tend to work hours that are similar to or overlapping
those_
of
the petitioned-for employees in the same office. Most employee witnesses also testified that
they adjust their working hours and work past their normal ending time as needed to get the job
done. Examples
of
this practice were offered by both employees at issue and employees in
AFSCME's unit.
All contested classifications work in an office setting, except the Computer Repair
Shop Lead-BTTI who works, as the title suggests, in a computer repair shop environment.
17

While most
of
the employees at issue work only in one location, many
of
the employees in
Technology Services travel to school sites from their base location.
Employees
of
the District who work in an office environment, whether they are
managers, AFSCME-represented, or in the Administrative Support grouping, commonly use
computers, copier machines, fax machines and telephones.
Extent
of
Organization/Representation History
As required
by
EERA, EGASA demonstrated
proof
of
at least majority support in its
requested unit with its petition. In addition, and not surprisingly, each
of
the witnesses in the
proposed unit called to testify
by
EGASA indicated their preference for representation
by
EGASA over being included in AFSCME' s unit.
AFSCME did not submit, nor under PERB' s regulations and precedent was AFSCME
required to submit, any proof
of
employee support for its petition. AFSCME did offer several
examples
of
situations where the union provided assistance to employees whose
reclassification placed them in the Administrative Support grouping, as well as examples
of
assistance provided to employees already in an Administrative Support position.
Further, as referenced above, there are numerous examples
of
employees now in a
disputed classification who earlier were employed in an AFSCME-represented position. One
estimate, for school secretaries, is that nearly 30 percent
of
such employees formerly worked in
a position classified in AFSCME's unit. Similar examples were offered for personnel
technicians and budget technicians, among others.
ISSUE
Do the Administrative Support positions petitioned for by EGASA share a community
of
interest that is separate and distinct from AFSCME-represented positions and thus warrant
18

the establishment
of
a separate unit?
If
not, should the positions petitioned for by AFSCME be
added to its established unit?
POSITIONS OF THE PARTIES
EGASA
EGASA relies on language
in
BERA to assert the right
of
these employees to exercise
their free choice in determining which employee organization,
if
any, should represent them.
EGASA notes that AFSCME neither sought nor produced evidence that employees desire to be
represented by AFSCME and that AFSCME declined opportunities to appear before the group
to seek such support.
EGASA also contends that the positions they seek to represent share a greater
community
of
interest with themselves than with positions in AFSCME's current unit. The
factors cited
by
EGASA include differing vacation accrual, life insurance and longevity; a
different salary schedule; longer probationary period; inclusion
of
some positions not eligible
for overtime; higher levels
of
training and education requirements; and higher levels
of
job
responsibility and accountability. EGASA characterizes the employees in its proposed unit as
the "go to people" in their respective departments or offices, who often oversee the work
of
others and in some cases have input on evaluations
of
job performance.9 EGASA also asserts
that these positions work more independently and with less direction than AFSCME-
represented positions.
9 The primary example being the respective roles of the school secretary and school
office assistant classifications.
19

EGASA further contends that their inclusion in AFSCME' s unit would present a
potential conflict
of
interest as many
of
their positions provide direct support to the
administration; e.g., in developing the budget
of
the school district and in personnel functions.
Finally, EGASA cites the lower, flat amount
of
dues these employees have paid in the
past to the EGCAA, as contrasted with the higher level
of
dues and fees imposed on AFSCME
represented employees.
AFSCME
AFSCME first argues that the classifications at issue share a strong community
of
interest with classifications it now represents. This argument is based on similar job duties and
functions, regular interaction both socially and in job performance, often working side-by-side,
sharing similar lines
of
supervision, being hired in an identical fashion, having similar training,
education and skills requirements, and having, in most respects, the same employment benefits.
AFSCME discounts the significance
of
differences between the two groups
of
employees in such areas as vacation accrual, life insurance and the salary schedules because
these differences were established while the Administrative Support positions were mistakenly
classified as confidential and the employees' benefits were not established through collective
bargaining. AFSCME cites Santa Clara County Office
of
Education (1990) PERB Decision
No. 839 as support for its view that such employer-determined differences are not as
persuasive as other community
of
interest factors.
With regard to certain positions being exempt from overtime, AFSCME argues that this
factor is not, alone, sufficient to warrant establishment
of
a separate unit. AFSCME also notes
20

that,
if
it were sufficient, this factor would require PERB to order a unit limited to such
positions rather than the unit advocated
by
EGASA. 10
In sum, AFSCME contends the record evidence supports approval
of
its petition for
unit modification.
District
The District did not, as noted above, file a post-hearing brief, but stated its position on
the record at the first day
of
the hearing. The District identified its interests as being
supportive
of
both AFSCME and EGASA, while recognizing that the two organizations might
have conflicting interests. The District stated as a minor interest the avoidance
of
a
proliferation
of
bargaining units, but also indicated that EGASA's proposed unit exceeds at
least one other existing unit in size and characterized the proposed unit as "not so small that it
would be a major imposition." The District also indicated it could live with whatever
determination PERB might make in this matter.
DISCUSSION
The parties stipulated, and the record evidence supports finding, that the District is a
public school employer within the meaning ofEERA, and that both AFSCME and EGASA are
employee organizations within the meaning
of
EERA.
10
AFSCME makes similar points with respect to those classifications, such as
personnel technicians and budget technicians, where EGASA argued that they would have a
conflict of interest being in the AFSCME unit due to their involvement in labor relations or
budget formation issues. AFSCME notes that such contentions,
if
supported by the evidence,
would require the positions to be excluded from any unit, as opposed to being placed in a unit
with other petitioned-for employees.
21

Employee Status
The parties likewise stipulated that the employees at issue are neither confidential
employees within the meaning
of
EERA,
11
nor supervisory employees.
12
Again, the record
supports these stipulations. 	For these reasons, the employees at issue are found to fall within
the definition
of
"public school employee" contained in EERA section 3540. lG).
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 Union High School District (1976) EERB13 Decision No. 4
(Sweetwater), the Board referenced EERA's legislative intent14
in holding that:
11
See EERA section 3540.l(c).
12 EERA section 3540. l(m) defines "supervisory employee" as
any employee, regardless
of
job description, having authority in
the interest
of
the employer to hire, transfer, suspend, lay off,
recall, promote, discharge, assign, reward, or discipline other
employees, or the responsibility to assign work to and direct
them, or to adjust their grievances, or effectively recommend
such action, if, in connection with the foregoing functions, the
exercise
of
that authority is not of a merely routine or clerical
nature, but requires the use
of
independent judgment.
13
Prior to January 1, 1978, PERB was known as the Educational Employment
Relations Board.
14 The relevant portion of section 3540 quoted by the Board reads as follows:
22

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,
...
...
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
It 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 ofEERA. (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
23

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.
In this case, since neither the existing AFSCME unit nor the unit proposed
by
EGASA
is a Sweetwater unit, the standard against which the requested units are judged shifts to
whether the proposed unit is an appropriate unit. (Long Beach Community College District
(1999) PERB Decision No. 1315.) In Los Angeles Unified School District (1998) PERB
Decision No. 1267, the Board's discussion includes reference to evidence
of
legislative intent,
in the enactment
of
BERA, that the Board should "find the largest reasonable unit to be the
appropriate one for purposes
of
collective bargaining." (Quoting the California Assembly
Advisory Council, Final Report, p. 85 (March 15, 1973); also known as the "Aaron Report.")
While not required to demonstrate its proposed unit is more appropriate than a
Sweetwater unit, it is still necessary for any party favoring establishment
of
a unit to show that
it has a community
of
interest separate and distinct from other employees. In Sacramento City
Unified School District (1977) EERB Decision No. 30, the Board held that:
A separate unit is not warranted merely because a group
of
employees share a community
of
interest among themselves,
when that homogeneous group forms only a part
of
a larger
essentially homogeneous group sharing similar conditions
of
employment and job functions.
24

In Compton, the Board rejected a separate unit for skilled crafts employees, and included them
with the operations and support services unit, despite a petitioner's demonstration
of
84 percent
membership among the skilled crafts employees.
In later denying a unit
of
hourly bus drivers, where other bus drivers were already
included in the operations and support services unit, the Board noted that:
Every classification possesses a community
of
interest among its
members. Janitors, undisputedly, have more in common with
other janitors than they do with gardeners, but we have yet to find
a separate unit
of
only janitors appropriate, absent unusual
circumstances. [San Diego Unified School District (1981) PERB
Decision No. 170.]
In Lodi Unified School District (2001) PERB Decision No. 1429, the proposed
severance
of
a unit
of
information technology professionals, from a wall-to-wall classified unit,
was rejected by the Board on grounds that the unit proposed did not possess a separate and
distinct community
of
interest.
Analysis
The classifications in EGASA's proposed unit do share certain characteristics. The
primary one is their history, in that they had previously been designated as confidential and
thus participated in the EGCAA rather than any exclusive representative organization. As a
consequence
of
their prior (excluded) status, they also acquired vacation and life insurance
benefits that differ from those
of
AFSCME-represented employees, and were placed on a
salary schedule that differs in important respects from AFSCME's. However, as noted by
AFSCME, differences in areas such as wages and fringe benefits that are subject to the duty to
bargain are not controlling. (Santa Clara County Office
of
Education, supra, PERB Decision
No. 839.)
25

Further, these classifications still share common interests with AFSCME-represented
employees in such compensation and benefits areas as health insurance, retirement, sick leave,
holidays and lottery bonuses. The two groups of classifications also have many similarities
with respect to education and experience requirements, requirements of specialized knowledge
or training, working conditions, overlapping and interdependence of job function, supervision,
and hours of work.
In addition, many distinctions may be drawn within the group. Regarding educational
requirements, only eight of the classifications require a bachelor's degree, and not all require
college level course work. While the proportion of the Administrative Support group that has
such requirements exceeds that of the AFSCME unit as a whole, this distinction is not enough
to overcome shared characteristics with the larger group. Likewise, only certain classifications
within the proposed Administrative Support unit have been deemed exempt from overtime.
In the areas of specialized skills and duties, the Administrative Support classifications
often differ from one another more than from classifications in the AFSCME unit. For
example, the classifications in Technology Services appear to have more in common with
AFSCME classifications such as telecommunications specialists, senior computer technicians,
and even site technology technicians than they do with school secretaries or budget
technicians. Similarly, the school secretaries work with, and often perform the same duties as,
school clerical positions represented by AFSCME, far more than with the Building Program
Accounting Specialist or the Assessment and Evaluation Analyst.
None of the above is intended to call into question the assertion that the Administrative
Support employees tend to be "go to people" in their respective units. It is clear as well that
these classifications tend to be ones that employees in AFSCME-represented classifications
26

might aspire to promote into. In fact, there is considerable evidence that many incumbents in
the disputed classifications obtained their positions after working in one or more AFSCME-
represented classifications. Examples
of
such upward movement were offered involving
personnel technicians, budget technicians, school secretaries, and computer support and
training specialists, among others. This factor further supports finding a shared community
of
interest between the two groups, rather than the reverse.
AFSCME correctly argues that,
if
the record supported finding a classification such as
High School Secretary to possess the characteristics
of
a statutory supervisory
or
confidential
employee, such a finding would defeat EGASA's claim that the classification belongs
in
the
same unit as other classifications its petition seeks. Though the record does not support
finding any petitioned-for employee to be a supervisor or confidential employee, the legal
effect negates any claim that the "office manager" role supports the unit proposed
by
EGASA.
Free Choice
The final factor to consider is EGASA's contention that the employees affected should,
as provided by EERA sections 3540 and 3543, have a right to choose the employee
organization that will represent them. Supporting this point
of
view is the District's expressed
belief that internal struggles would result from inclusion
of
these employees in the AFSCME
unit.
This argument is not persuasive because the issue before the undersigned is not which
employee organization employees want to represent them but rather what is the appropriate
bargaining unit. In this regard, the Board has long rejected the concept
of
self-determination
with respect to determining appropriate units under EERA. (Redondo Beach City School
District (1980) PERB Decision No. 114.) In Los Angeles Unified School District, supra,
27

PERB Decision No. 1267, the Board expressly rejected a "free choice" argument
by
the
petitioner as unsupported
by
PERB precedent and "contrary to the legislative intent
of
EERA."
While employees retain their opportunity, in accordance with timeliness and other
requirements
of
the statute, to seek to change or remove an exclusive representative, the statute
does not guarantee to employees that they may vote on the question
of
unit appropriateness.
CONCLUSION
In sum, I conclude that the petitioned-for classifications do not share a separate and
distinct community
of
interest that would warrant the establishment
of
a separate unit. (Lodi
Unified School District, supra, PERB Decision No. 1429.) This conclusion is based on
findings that these classifications share a community
of
interest with AFSCME-represented
classifications involving common lines
of
supervision, overlapping job duties, functional
interchange, common benefits, hiring and career development, hours and working conditions.
PROPOSED ORDER
For the reasons set forth above, and based on the entire record
of
this proceeding, the
request by the Elk Grove Administrative Support Association to establish a separate
Administrative Support unit is hereby DENIED, and the unit modification petition filed by
AFSCME Local 258 is APPROVED. A unit modification ORDER shall be issued upon
issuance
of
a final decision in this matter confirming the addition
of
the following
classifications to the classified employee unit represented by AFSCME: Assessment and
Evaluation Analyst; Attendance Accounting Specialist; Budget Technician I and II; Budget
Technician-Curriculum/Professional Leaming; Budget Technician-Food and Nutrition
Services; Building Program Accounting Specialist; Computer Repair Shop Lead-BTTI;
Computer Training & Support Specialist I, II and III; Continuation School Secretary;
28

Elementary School Secretary; High School Secretary; Middle School Secretary; Network
Administrator
111
15
; Personnel Technician I, II and III; Programmer Analyst I, II and III;
School Secretary-Special Programs; Senior Computer Training & Support Specialist; Senior
Network Administrator; Senior Programmer Analyst; Technology Planning Specialist; and
Web Specialist.
16
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
Public Employment Relations Board (PERB or 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
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 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
15 The Network Administrator I and II classifications are not placed in the unit by this
decision because the positions are vacant. (Mendocino Community College District (1981)
PERB Decision No. 144a; Marin Community College District (1978) PERB Decision No. 55.)
16 As noted earlier, AFSCME's petition did not seek addition
of
the Community
Partnership Coordinator-CalWORKS and Parent Involvement Coordinator classifications.
29

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).)
30
L~Les Chisholm
Regional Director