Decision 2107H – Regents of the University of California
SF-UM-626-H
Decision Date: May 10, 2010
Decision Type: PERB Decision
Description: UPTE petitioned to add case managers to the residual health care professionals bargaining unit.
Disposition: The Board affirmed the ALJ’s grant of the petition based on case managers’ community of interest with other classifications in the unit. The Board also held that PERB has no discretion to require proof of support when a petition seeks to add positions that total less than 10 percent of the existing unit.
Perc Vol: 34
Perc Index: 81
Decision Headnotes
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
Parties cannot waive, either expressly or by implication, PERB’s authority under HEERA section 3563(a) to determine appropriate bargaining units for higher education employers.
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Parties cannot waive, either expressly or by implication, PERB’s authority under HEERA section 3563(a) to determine appropriate bargaining units for higher education employers.
1306.01000 – In General; Requirements
Under PERB Regulation 32781(e)(1), PERB lacks discretion to require proof of majority support among positions to be added to an established bargaining unit when the addition would increase the size of the unit by less than 10 percent. PERB does not follow NLRB case law requiring proof of support when a classification has been excluded from the unit for a significant period of time. Employees have the right to choose which employee organization, if any, will represent them but have no right to choose the bargaining unit in which their position is placed.
1307.01000 – In General/Definition
PERB Regulation 32781(e)(1) codifies the Board’s determination in past decisions that increasing the size of an established bargaining unit by 10 percent or more necessarily creates a question concerning representation. Conversely, adding positions totaling less than 10 percent of the existing unit does not call into question the incumbent union’s majority support.
1309.01000 – In General/Definition of Appropriate Unit
Modification of residual healthcare professional unit to add case managers is appropriate because: (1) case managers share a community of interest with other classifications in the unit; (2) addition of 163 employees to unit would not have a negative effect on employer’s efficient operations; and (3) the existing exclusive representative has experience representing a diverse set of occupational groupings.
1309.03000 – Community of Interest
Case managers share a community of interest with other classifications in residual health care professional unit because case managers: (1) are involved in patient care in a specialized capacity; (2) have common skills and duties, especially with clinical social workers; (3) possess advanced educational qualifications and skills; (4) have similar working conditions; and (5) share common supervision.
1310.01000 – In General
Modification of residual healthcare professional unit to add case managers is appropriate because: (1) case managers share a community of interest with other classifications in the unit; (2) addition of 163 employees to unit would not have a negative effect on employer’s efficient operations; and (3) the existing exclusive representative has experience representing a diverse set of occupational groupings.
1402.01000 – In General
Parties cannot waive, either expressly or by implication, PERB’s authority under HEERA section 3563(a) to determine appropriate bargaining units for higher education employers.
1503.02000 – Regulations Considered (By Number)
PERB Regulation 32781(e)(1) codifies the Board’s determination in past decisions that increasing the size of an established bargaining unit by 10 percent or more necessarily creates a question concerning representation. The regulation does not grant discretion to require proof of majority support among positions to be added to an established bargaining unit when the addition would increase the size of the unit by less than 10 percent.