Decision 1359H – Regents of the University of California (University of California Association of Interns and Residents)

SF-PC-1052-H

Decision Date: October 28, 1999

Decision Type: PERB Decision

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Perc Vol: 24
Perc Index: 31004

Decision Headnotes

103.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA
103.03000 – State Issues

The University sought a ruling by PERB that the subsection (f) test is constitutionally unenforceable with regard to housestaff. Prior to an appellate court determination to that effect, PERB has no power to make such a ruling pursuant to Article III, section 3.5; p. 16.

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

In determining that the housestaff are entitled to HEERA coverage, the Board applied the following three-part HEERA section 3562 (f) test : Part One: Is employment contingent on student status? Part Two: Are the services provided by housestaff related to their educational objectives? Part Three - Prong One: Are the educational objectives of housestaff subordinate to the services they perform? Part Three - Prong Two: Would coverage of housestaff under HEERA further the purposes of the Act?; pp. 17-20. The Board determined that employment in housestaff positions is more valuable and effective in providing service to the University than in meeting the educational objectives of housestaff; The Board found the indicia of employment persuasive in determining that housestaff are employees, i.e., their compensation level is substantial, up to $45,000 per year; they work on a 12-month, non-academic schedule and receive a 4-week paid vacation per year; they receive an extensive benefit package, including medical and dental coverage, disability and life insurance and fully paid medical malpractice insurance; and they receive performance appraisals on which promotions and salary increases may be based. Conversely, housestaff do not exhibit several fundamental indicia of student status. They pay no University tuition; they take no University examinations; and they receive no grades; p. 19. The Board determined that HEERA coverage of housestaff would further the purposes of the Act; p. 23. The Board adopted the ALJ's finding that housestaff on rotation at non-University owned and operated facilities are not employees under subsection (f) and, therefore, are excluded from HEERA coverage; p.15.