Decision 1039H – Regents of the University of California (Hospital and Health Care Workers Local 250, Service Employees International Union)
Decision Date: March 8, 1994
Decision Type: PERB Decision
Perc Vol: 18
Perc Index: 25053
1309.01000 – In General/Definition of Appropriate Unit
UC's purchase of Mt. Zion is a case of accretion and applying these standards, the result must be the integration of the Mt. Zion employees into existing units; p. 15. Presumptive validity of established units and specific criteria of HEERA section 3579 renders proposed unit inappropriate irrespective of NLRB's established successorship/accretion doctrine; p. 14. There is no authority for the proposition that bargaining rights obtained in the private section outweigh the specific criteria in HEERA for determining an appropriate unit; p. 16.
1309.02000 – Bargaining/Representation History
The presumptive validity of established units and HEERA's specific statutory criteria renders the union's proposed unit inappropriate irrespective of the NLRB's established successorship/accretion doctrine; p. 14. A very strong presumption arises from approval of an appropriate unit by PERB; p. 16. The preexisting labor relationship in the private section does not outweigh the specific language of HEERA or overcome the presumption of appropriateness of PERB-established units; p. 17.