Decision 2835H – Regents of the University of California

SF-CE-1314-H

Decision Date: October 7, 2022

Decision Type: PERB Decision

Description: After a hearing officer granted Teamsters’ unit modification petition to accrete the Administrative Officer II (AO2) classification into its Clerical and Allied Services Bargaining Unit, the University sent a communication to AO2s that included a set of four Frequently Asked Questions (FAQs) and answers. One of the FAQs addressed union membership and one addressed union dues. The complaint alleged that the University violated the Prohibition on Public Employers Deterring or Discouraging Union Membership (PEDD), the Higher Education Employer-Employee Relations Act (HEERA), and PERB Regulations by distributing a communication to employees in the AO2 classification concerning their choice whether to join or support Teamsters Local 2010, without first meeting and conferring with Teamsters. After an ALJ held a formal hearing, the Board transferred the record to the Board itself for decision pursuant to PERB Regulation 32320, subdivision (a)(1).

Disposition: The Board found that the University violated PEDD section 3553 by sending the FAQs to AO2s without first providing Teamsters an opportunity to meet and confer over the communication. The Board also found that the University violated PEDD section 3550 by distributing the FAQs because they tended to influence employee free choice about whether to join or support Teamsters, and the University failed to prove a business necessity for their distribution. Finally, the Board denied Teamsters’ request for attorney fees and costs given that, at the time of the parties’ post-hearing briefs the Board had not yet interpreted section 3553, and the University’s section 3550 affirmative defense was not clearly foreclosed by existing PERB precedent.

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Perc Vol: 47
Perc Index: 69

Decision Headnotes

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