Decision 2578H – Regents of the University of California (Teamsters Local 2010)
SF-UM-778-H
Decision Date: July 18, 2018
Decision Type: PERB Decision
Description: A hearing officer issued a proposed decision granting an exclusive representative’s petition to modify its existing bargaining unit by adding lead teachers, who had been previously designated as supervisors. The employer filed exceptions.
Disposition: The Board rejected the employer’s factual exceptions and its argument that the petition was barred by an earlier settlement agreement, concluding that the employer failed to meet its burden of proving that the lead teachers were supervisors.
Perc Vol: 43
Perc Index: 31
Decision Headnotes
200.04000 – Supervisors
Under HEERA, an employee is not a supervisor if their duties are substantially similar to those of their subordinates.
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.
200.04000 – Supervisors
Participating on hiring panels does not necessarily confer the authority to effectively recommend hiring, for purposes of determining whether an employee is supervisory.
200.04000 – 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.
1107.01000 – 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.
1107.01000 – 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.
1107.06000 – 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.
1107.11000 – 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.
1309.01000 – 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.
1309.13000 – 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.
1309.13000 – Supervisors
Under HEERA, an employee is not a supervisor if their duties are substantially similar to those of their subordinates.
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.
1309.13000 – Supervisors
Participating on hiring panels does not necessarily confer the authority to effectively recommend hiring, for purposes of determining whether an employee is supervisory.
1309.13000 – 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.
1310.01000 – 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.
1310.01000 – 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.