Decision 2493H – Regents of the University of California (Irvine)

LA-CE-1147-H

Decision Date: June 30, 2016

Decision Type: PERB Decision

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Perc Vol: 41
Perc Index: 32

Decision Headnotes

202.00000 – PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS
202.01000 – In General; Statutory Definition

Group is tasked by outside accreditation agency with providing program oversight, creating institutional policies and developing new programs with delegated authority to establish specific policies and procedures concerning the quality of education and the work environment including areas which fall within the scope of representation. Because it did not appear to “interface” with the employer or otherwise participate with or deal with the employer in executing its policymaking, the group is more akin to the groups where “management has delegated actual decision-making authority” and is not an “employee organization” as defined by HEERA section 3562, subd. (f)(1). Employer did not dominate or interfere with formation of any employee organization. Forum is a mode of communication for employees to exchange information on their work environment and other issues. While arguably there may be some discussion of topics within the scope of representation, no evidence was presented showing any discussion between the employees and the employer. Regardless, such discussions would appear to be a “mere discussion with management, rather than making recommendations to management.” As such, the Forum is not an “employee organization” as defined by HEERA section 3562, subd. (f)(1). Employer did not dominate or interfere with formation of any employee organization.

202.00000 – PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS
202.08000 – Employer-Created Organizations

Group is tasked by outside accreditation agency with providing program oversight, creating institutional policies and developing new programs with delegated authority to establish specific policies and procedures concerning the quality of education and the work environment including areas which fall within the scope of representation. Because it did not appear to “interface” with the employer or otherwise participate with or deal with the employer in executing its policymaking, the group is more akin to the groups where “management has delegated actual decision-making authority” and is not an “employee organization” as defined by HEERA section 3562, subd. (f)(1). Employer did not dominate or interfere with formation of any employee organization. Forum is a mode of communication for employees to exchange information on their work environment and other issues. While arguably there may be some discussion of topics within the scope of representation, no evidence was presented showing any discussion between the employees and the employer. Regardless, such discussions would appear to be a “mere discussion with management, rather than making recommendations to management.” As such, the Forum is not an “employee organization” as defined by HEERA section 3562, subd. (f)(1). Employer did not dominate or interfere with formation of any employee organization.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

Employer removed an employee from clinical duties and required temporary remedial training. Not only would a reasonable person consider these changes to have an adverse impact on working conditions, such action can be considered akin to receiving a poor evaluation, which the Board has long held to constitute an adverse action.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.05000 – Transfer, Promotion, or Demotion; Work Assignments and Opportunities

Employer removed an employee from clinical duties and required temporary remedial training. Not only would a reasonable person consider these changes to have an adverse impact on working conditions, such action can be considered akin to receiving a poor evaluation, which the Board has long held to constitute an adverse action.

700.00000 – EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS
700.01000 – In General

Group is tasked by outside accreditation agency with providing program oversight, creating institutional policies and developing new programs with delegated authority to establish specific policies and procedures concerning the quality of education and the work environment including areas which fall within the scope of representation. Because it did not appear to “interface” with the employer or otherwise participate with or deal with the employer in executing its policymaking. The group is more akin to the groups where “management has delegated actual decision-making authority” and is not an “employee organization” as defined by HEERA section 3562, subd. (f)(1). Employer did not dominate or interfere with formation of any employee organization. Forum is a mode of communication for employees to exchange information on their work environment and other issues. While arguably there may be some discussion of topics within the scope of representation, no evidence was presented showing any discussion between the employees and the employer. Regardless, such discussions would appear to be a “mere discussion with management, rather than making recommendations to management.” As such, the Forum is not an “employee organization” as defined by HEERA section 3562, subd. (f)(1). Employer did not dominate or interfere with formation of any employee organization. HEERA section 3571, subd. (f) makes it unlawful for a higher education employer to consult with any academic, professional or staff advisory group on any matter within the scope of representation for represented employees. No facts showing that the employer engaged in any consultation with the employee groups and therefore no violation found.