Decision 2578H – Regents of the University of California (Teamsters Local 2010)

SF-UM-778-H

Decision Date: July 18, 2018

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 43
Perc Index: 31

Decision Headnotes

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.04000 – Supervisors

Under HEERA, an employee is not a supervisor if their duties are substantially similar to those of their subordinates.

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.04000 – Supervisors

The Board examines the role of the purported supervisor in personnel decisions concerning matters within the scope of representation, not in decisions over work processes.

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.04000 – Supervisors

Participating on hiring panels does not necessarily confer the authority to effectively recommend hiring, for purposes of determining whether an employee is supervisory.

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.04000 – Supervisors

The responsibility to gather information about the performance of other employees and report it to management does not necessarily constitute authority to discipline, for purposes of determining whether an employee is supervisory.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Although the Board reviews exceptions to a proposed decision de novo, where the proposed decision adequately addresses the issues raised by certain exceptions, the Board need not further analyze those exceptions. Nor does the Board need to address alleged errors that would not affect the result, particularly where the excepting party has simply reasserted claims without identifying a specific error of fact or law to justify reversal.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Failing to discuss, distinguish, or explain why the authority cited by the hearing officer should not be followed is tantamount to abandoning the exception.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.06000 – De Novo Review; Standard of Review by Board

Although the Board reviews exceptions to a proposed decision de novo, where the proposed decision adequately addresses the issues raised by certain exceptions, the Board need not further analyze those exceptions. Nor does the Board need to address alleged errors that would not affect the result, particularly where the excepting party has simply reasserted claims without identifying a specific error of fact or law to justify reversal.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.11000 – Request for Oral Argument

The Board denies requests for oral argument when an adequate record has been prepared, the parties have had ample opportunity to present briefs and have availed themselves of that opportunity, and the issues before the Board are sufficiently clear to make oral argument unnecessary.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.01000 – In General/Definition of Appropriate Unit

When determining whether an employee should be excluded from a unit, the Board considers the actual job duties performed, not just the job description.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.13000 – Supervisors

When determining whether an employee should be excluded from a unit, the Board considers the actual job duties performed, not just the job description.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.13000 – Supervisors

Under HEERA, an employee is not a supervisor if their duties are substantially similar to those of their subordinates.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.13000 – Supervisors

The Board examines the role of the purported supervisor in personnel decisions concerning matters within the scope of representation, not in decisions over work processes.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.13000 – Supervisors

Participating on hiring panels does not necessarily confer the authority to effectively recommend hiring, for purposes of determining whether an employee is supervisory.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.13000 – Supervisors

The responsibility to gather information about the performance of other employees and report it to management does not necessarily constitute authority to discipline, for purposes of determining whether an employee is supervisory.

1310.00000 – REPRESENTATION ISSUES; UNIT MODIFICATION
1310.01000 – In General

When determining whether an employee should be excluded from a unit, the Board considers the actual job duties performed, not just the job description.

1310.00000 – REPRESENTATION ISSUES; UNIT MODIFICATION
1310.01000 – In General

A mutual agreement regarding unit placement is permissible and desirable, but is not considered a waiver of the right to petition for unit modification.