Decision 2889H – Regents of the University of California (Irvine)
Decision Date: February 9, 2024
Decision Type: PERB Decision (Non-Precedential)
Description: Charging Parties, five UC Irvine (UCI) employees in two UAW-represented bargaining units, filed grievances alleging that UCI violated the applicable MOU for each bargaining unit by requiring Charging Parties to report their participation (if any) in a strike. UCI refused to process Charging Parties’ grievances because UAW had filed a systemwide grievance regarding the same violations. Charging Parties allege that UCI violated HEERA by refusing to allow them to present grievances through a representative of their own choosing. PERB’s Office of the General Counsel (OGC) dismissed the charge for failure to state a prima facie case.
Disposition: In a non-precedential decision, the Board reversed and remanded to OGC to issue a complaint. The applicable MOUs permitted Charging Parties to file their own grievances and pursue them via a representative of their own choosing, at all stages prior to arbitration. Therefore, the charge stated a prima facie case that UCI failed or refused to process Charging Parties’ grievances in violation of HEERA’s qualified right to self-representation.