Decision A530H – Regents of the University of California
SF-UM-930-H
Decision Date: July 15, 2025
Decision Type: Administrative Appeal
Description: In Regents of the University of California (2025) PERB Order No. Ad-527-H (Regents), the Board dismissed four unit modification petitions filed by University Professional and Technical Employees, Communication Workers of America Local 9119 (UPTE) seeking to add certain titles, including those in the Health Educator series, to the patient care professional unit it represents at the University of California (UC). UPTE submitted no proof of support with its petitions. Then, a second union, Student Services and Advising Professionals – United Auto Workers (UAW), filed a request for recognition (Request) and proof of support seeking to represent a proposed bargaining unit of student services and advising professionals, including the title series at issue in UPTE’s petitions. PERB’s Office of the General Counsel (OGC) determined that because of UAW’s Request, UPTE’s petitions required proof of at least 30 percent employee support, and OGC therefore dismissed the petitions. In Regents, the Board affirmed but afforded UPTE the opportunity to re-file as to any employees who remained unrepresented after PERB processed the Request. In the present case, UPTE filed a renewed unit modification petition (Renewed Petition) as to just one title series—the Health Educators. OGC dismissed the Renewed Petition, finding it inconsistent with Regents. UPTE appealed.
Disposition: The Board affirmed in part and reversed in part. UPTE alleges that certain Health Educators serve patients at UC medical centers, while others serve students at UC campuses. UAW, while litigating its Request, represented that it was not seeking to represent medical center employees serving patients. Because Regents held that UPTE could re-file with respect to employees who remained unrepresented after PERB processed the Request, the Renewed Petition can proceed solely with respect to Health Educators serving patients. If UPTE wishes to pursue the Renewed Petition, it must file an amendment excluding Health Educators who serve students.
Perc Vol: 50
Perc Index: 36
Decision Headnotes
1300.02000 – Request for Recognition
HEERA section 3574 states that the employer “shall” grant recognition absent any of the circumstances set forth in section 3574(a), (b), (c), or (d). Under section 3574(b), the employer shall not grant recognition if another union challenges the appropriateness of the unit or submits a competing claim of representation together with proof of support from at least 30 percent of the proposed unit. PERB Regulation 51090(a) provides that if an employer denies a request for recognition, and the requesting union wishes to continue pursuing recognition, the union must file a petition for Board investigation. After a union has filed a petition for Board investigation, the Board shall certify the petitioner as the exclusive representative if the Board determines: (1) the employee organization requesting recognition has demonstrated proof of support of more than 50 percent of the employees in an appropriate unit, (2) no other employee organization has demonstrated proof of support of at least 30 percent of the employees, and (3) the employer has not granted recognition. (PERB Reg. 51096.) (pp. 7-8.)
1306.01000 – In General; Requirements
Under PERB Regulations, a unit modification petitioner need not submit proof of support when it seeks to add classifications that would not increase the bargaining unit in question by 10 percent or more. (PERB Reg. 32781(e)(1); Regents of the University of California (2025) PERB Order No. Ad-527-H, p. 2, fn. 1 (Regents).) However, as explained in Regents, supra, p. 9, there is an exception to this rule when a second union files a request for recognition or petition for certification for an appropriate unit that includes classifications at issue in the unit modification petition, and the second union provides sufficient proof of support. (PERB Reg. 32781(e)(2).) (pp. 4-6.)
1306.01000 – In General; Requirements
HEERA section 3574 states that the employer “shall” grant recognition absent any of the circumstances set forth in section 3574(a), (b), (c), or (d). Under section 3574(b), the employer shall not grant recognition if another union challenges the appropriateness of the unit or submits a competing claim of representation together with proof of support from at least 30 percent of the proposed unit. PERB Regulation 51090(a) provides that if an employer denies a request for recognition, and the requesting union wishes to continue pursuing recognition, the union must file a petition for Board investigation. After a union has filed a petition for Board investigation, the Board shall certify the petitioner as the exclusive representative if the Board determines: (1) the employee organization requesting recognition has demonstrated proof of support of more than 50 percent of the employees in an appropriate unit, (2) no other employee organization has demonstrated proof of support of at least 30 percent of the employees, and (3) the employer has not granted recognition. (PERB Reg. 51096.) (pp. 7-8.)
1307.01000 – In General/Definition
HEERA section 3574 states that the employer “shall” grant recognition absent any of the circumstances set forth in section 3574(a), (b), (c), or (d). Under section 3574(b), the employer shall not grant recognition if another union challenges the appropriateness of the unit or submits a competing claim of representation together with proof of support from at least 30 percent of the proposed unit. PERB Regulation 51090(a) provides that if an employer denies a request for recognition, and the requesting union wishes to continue pursuing recognition, the union must file a petition for Board investigation. After a union has filed a petition for Board investigation, the Board shall certify the petitioner as the exclusive representative if the Board determines: (1) the employee organization requesting recognition has demonstrated proof of support of more than 50 percent of the employees in an appropriate unit, (2) no other employee organization has demonstrated proof of support of at least 30 percent of the employees, and (3) the employer has not granted recognition. (PERB Reg. 51096.) (pp. 7-8.)
1307.01000 – In General/Definition
There are two competing interests in representation cases: stable and harmonious labor relations based on appropriate bargaining units, and employee free choice. (Regents of the University of California (2025) PERB Order No. Ad-527-H, p. 12 (Regents).) PERB balances these interests by prioritizing a petition that involves a question concerning representation over a conflicting petition that does not and PERB Regulation 32781(e)(2) therefore requires a unit modification petitioner to provide at least 30 percent proof of support when the titles at issue in its petition are also included in a “pending” request for recognition. A “pending” recognition request is one that is on file. (Id. at p. 14.) (p. 9.)
1309.14000 – Splitting of Classifications
HEERA contains a presumption against splitting occupational groups, but no presumption against splitting classifications. Rather, HEERA requires PERB to consider the impact of dividing a classification. (Regents of the University of California (2025) PERB Order Ad-525-H, pp. 19-22.) PERB’s functional approach means that “keeping an occupational group together can lead to splitting a title or classification.” (Id. at p. 22.) Accordingly, petitioning union could amend its petition to include only Health Educators who serve patients at UC medical centers and exclude Health Educators who serve students and are included in a newly created “Student Services and Advising Professionals” unit represented by a different union. (pp. 13-14.)
1310.01000 – In General
There are two competing interests in representation cases: stable and harmonious labor relations based on appropriate bargaining units, and employee free choice. (Regents of the University of California (2025) PERB Order No. Ad-527-H, p. 12 (Regents).) PERB balances these interests by prioritizing a petition that involves a question concerning representation over a conflicting petition that does not and PERB Regulation 32781(e)(2) therefore requires a unit modification petitioner to provide at least 30 percent proof of support when the titles at issue in its petition are also included in a “pending” request for recognition. A “pending” recognition request is one that is on file. (Id. at p. 14.) (p. 9.)
1310.07000 – Accretion, Adding classification(s) to existing unit (PERB jurisdictions)
Under PERB Regulations, a unit modification petitioner need not submit proof of support when it seeks to add classifications that would not increase the bargaining unit in question by 10 percent or more. (PERB Reg. 32781(e)(1); Regents of the University of California (2025) PERB Order No. Ad-527-H, p. 2, fn. 1.) However, as explained in Regents, supra, p. 9, there is an exception to this rule when a second union files a request for recognition or petition for certification for an appropriate unit that includes classifications at issue in the unit modification petition, and the second union provides sufficient proof of support. (PERB Reg. 32781(e)(2).) (pp. 4-6.)