Decision 1912H – Regents of the University of California
SF-CE-812-H
Decision Date: June 26, 2007
Decision Type: PERB Decision
Description: The charge alleged that the Regents of the University of California violated HEERA by deducting union dues from three skilled crafts unit employees and recognizing International Union of Operating Engineers, Local 39 as the exclusive representative of the skilled crafts at UC Merced.
Disposition: The Board upheld the dismissal because some of the allegations were untimely, the university allowed representation of the employees choosing at a meeting, and charging party failed to provide facts establishing that a supervisor’s statements interfered with rights.
Perc Vol: 31
Perc Index: 117
Decision Headnotes
400.01000 – In General; Standards
The University did not interfere with employees rights to union representation because the documents produced by the District indicated that the employee was informed of his right to have a representative present at the meeting as well as the University’s willingness to postpone the meeting in order to arrange representation. Additionally, the University permitted the employees to bring a representative of their choosing even though the University refused to recognize the representative as the exclusive representative.
401.02000 – Discrimination Favoring Organization Over Another
The fact that another union may have been prevented from petitioning for certification a few days after another union’s certification did not demonstrate a violation of section 3565.
407.01000 – In General
There were no facts establishing that any misconduct occurred immediately preceding and during the pendency of a union petition for recognition. The fact that another union may have been prevented from petitioning for certification a few days after another union’s certification did not demonstrate a violation of section 3565.
407.04000 – Employer Favoritism/Absence of Strict Neutrality
There were no facts establishing that any misconduct occurred immediately preceding and during the pendency of a union petition for recognition. The fact that another union may have been prevented from petitioning for certification a few days after another union’s certification did not demonstrate a violation of section 3565.
700.07000 – Favoritism; Contract Ban on Distribution or Solicitation; Unequal Treatment of Unions; Preferential Access; Duty of Strict Neutrality
There were no facts establishing that any misconduct occurred immediately preceding and during the pendency of a union petition for recognition. The fact that another union may have been prevented from petitioning for certification a few days after another union’s certification did not demonstrate a violation of section 3565.
1109.02000 – Statute of Limitations
The limitations period begins to run once the charging party knows, or should have known, of the conduct underlying the charge. While the employees did not realize the deductions were being made until sometime much later, they received constructive notice of the dues deductions both in the form of the September 2005 notice from UCLA payroll, and on their monthly pay stubs for each month in which deductions were made.