Decision 1261H – Regents of the University of California & Association of Student Employees, United Automobile, Aerospace, and Agricultural Implement Workers of America, et al.

SF-RR-805-H

Decision Date: April 23, 1998

Decision Type: PERB Decision

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Perc Vol: 22
Perc Index: 29084

Decision Headnotes

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.01000 – In General

The Board applied the subsection (f) test and determined that some of the students employed by the University at San Diego are employees under HEERA and, that the unit requested by the Union is appropriate for negotiating with the Regents of the University of California at the San Diego campus, provided an employee organization becomes the exclusive representative of that unit; p. 37.

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.03000 – Students

Employment is contingent on status as a student means that student status was a key consideration in the employment given to them by the University. Readers, tutors and instructors employment is contingent on their status as students. Any relationship between services provided and educational objectives is sufficient. Here student's work is related to education. Value and effectiveness of employment as a reader doesn't appear to be substantial in meeting student's educational objectives. Although employment as a tutor is helpful in achieving educational objectives, it is outweighed by volume of service to University. This is also true for associates. With specific exclusions, safeguards and processes in HEERA, coverage of students employed as readers, tutors and associates pose no threat to University.

1300.00000 – REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION
1300.01000 – In General

Questions of representation are inherently dynamic since job duties may fluctuate substantially over time. Thus representation matters are subject to periodic review, especially where no representation is in place to determine if circumstances have changed. Prior determinations are binding if circumstances and Board precedent remains the same.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.01000 – In General/Definition of Appropriate Unit

The Board further affirmed the ALJ's determination that the University by not contesting the appropriateness of a campus unit (as opposed to a statewide unit) had waived arguments that the campus unit is inappropriate; p. 36.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.07000 – Unit Size

The Board further affirmed the ALJ's determination that the University by not contesting the appropriateness of a campus unit (as opposed to a statewide unit) had waived arguments that the campus unit is inappropriate; p. 36.