Decision 2217H – Regents of the University of California
Decision Date: November 9, 2011
Decision Type: PERB Decision
Description: FUPOA sought to add police sergeants to its unit of rank-and-file police officers. The ALJ concluded that sergeants should be excluded from the rank-and-file unit in order to allow the Regents of the University of California to effectively achieve its mission without undue conflict of interest.
Disposition: The Board upheld the ALJ’s dismissal of a unit modification petition, finding that the sergeants were supervisors. Dismissal of FUPOA’s petition does not deny sergeants the opportunity to have full and fair bargaining rights, because HEERA grants supervisors the right to their own representation.
Perc Vol: 36
Perc Index: 79
1309.13000 – Supervisors
The Board applies a disjunctive interpretation of HEERA section 3580.3 and will find supervisory status where the employee meets one of specified criteria for exclusion and does no rank and file work. The party seeking exclusion must demonstrate that the specific task is regularly performed and not a sporadic or atypical exercise of duties. Further, it must also be demonstrated that the party exercises independent judgment rather than routine or clerical decision-making.
300.01000 – In General
Supervisory employees have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of supervisory employee-employer relations as set forth in HEERA section 3581.3. Supervisory employees also have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the employer.