Decision 2699H – Regents of the University of California (Teamsters Local 2010)

SF-CE-1234-H

Decision Date: February 27, 2020

Decision Type: PERB Decision

Description:  Teamsters Local 2010 appealed the partial dismissal of its unfair practice charge, which accused the University of unlawful conduct during an organizing campaign in violation of two statutes, including the Higher Education Employer-Employee Relations Act (HEERA). The Office of the General Counsel dismissed Teamsters’ allegations under HEERA for lack of standing because Teamsters was not the exclusive representative of the employees at issue.

Disposition:  The Board reversed the partial dismissal and remanded the case for issuance of a complaint alleging that the University’s conduct violated HEERA.

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Decision Headnotes

400.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES
400.01000 – In General; Standards

Under HEERA, nonexclusive representatives, i.e., employee organizations not certified as exclusive representatives, have standing to allege violations of the rights of employees they represent. (p. 8.) Although HEERA does not grant them the independent right to represent employees, employees have a statutory right to representation by employee organizations of their own choosing. Nonexclusive representatives thus may assert employees’ rights on their behalf, including their rights to be free from discrimination, interference, or retaliation. (pp. 5-8.)

400.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES
400.01000 – In General; Standards

Allowing a nonexclusive representative to assert the rights of employees it represents is particularly important during an organizing campaign, when individual employees may be unable or unwilling to file a charge, or they are unaware of their rights in the first place. A nonexclusive representative need not wait until it becomes the exclusive representative to allege employer interference with employee rights. (p. 8.)

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.01000 – In General; Prima Facie Case.

Allowing a nonexclusive representative to assert the rights of employees it represents is particularly important during an organizing campaign, when individual employees may be unable or unwilling to file a charge, or they are unaware of their rights in the first place. A nonexclusive representative need not wait until it becomes the exclusive representative to allege employer interference with employee rights. (p. 8.)

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

Under HEERA, nonexclusive representatives, i.e., employee organizations not certified as exclusive representatives, have standing to allege violations of the rights of employees they represent. (p. 8.) Although HEERA does not grant them the independent right to represent employees, employees have a statutory right to representation by employee organizations of their own choosing. Nonexclusive representatives thus may assert employees’ rights on their behalf, including their rights to be free from discrimination, interference, or retaliation. (pp. 5-8.)

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

PERB Regulation 32602 generally confers standing upon employee organizations to allege unfair practices, depending upon the rights conferred to them by the applicable statute. (pp. 4-5.)

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

Under HEERA, nonexclusive representatives, i.e., employee organizations not certified as exclusive representatives, have standing to allege violations of the rights of employees they represent. (p. 8.) Although HEERA does not grant them the independent right to represent employees, employees have a statutory right to representation by employee organizations of their own choosing. Nonexclusive representatives thus may assert employees’ rights on their behalf, including their rights to be free from discrimination, interference, or retaliation. (pp. 5-8.)

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

Allowing a nonexclusive representative to assert the rights of employees it represents is particularly important during an organizing campaign, when individual employees may be unable or unwilling to file a charge, or they are unaware of their rights in the first place. A nonexclusive representative need not wait until it becomes the exclusive representative to allege employer interference with the campaign. (p. 8.)

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.01000 – In General

PERB Regulation 32602 generally confers standing upon employee organizations to allege unfair practices, depending upon the rights conferred to them by the applicable statute. (pp. 4-5.)

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

PERB Regulation 32602 generally confers standing upon employee organizations to allege unfair practices, depending upon the rights conferred to them by the applicable statute. (pp. 4-5.)