Decision A293H – Regents of the University of California (California Nurses Association, et al.)

SF-CE-452-H

Decision Date: February 4, 1999

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 23
Perc Index: 30058

Decision Headnotes

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)

PERB is an administrative agency, expressly charged with the authority to administer the HEERA (HEERA sec. 3563). Article III, section 3.5 of the California Constitution states that an administrative agency, including an administrative agency created by the Constitution or an initiative statute, has no power to do the following: (a) To declare a statute unenforceable, or refuse to enforce a statute, on the basis of it being unconstitutional unless an appellate court has made a determination that such statute is unconstitutional; (b) To declare a statute unconstitutional; (c) To declare a statute unenforceable, or to refuse to enforce a statute on the basis that federal law or federal regulations to refuse to enforce a statute on the basis that federal law or federal regulations determination that the enforcement of such statute is prohibited by federal law or federal regulations. PERB has no power, pursuant to Article III, section 3.5 to find a statute to be unconstitutional. (San Ramon Valley Unified School District (1982) PERB Decision No. 254, at p. 7; The Regents of the University of California (1998) PERB Decision No. 1301-H, at pp. 18-

201.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?
201.04000 – Joint, Single or Dual Employers

Joint employer is 2 or more employers who exert significant control over the same employees. Facts do not demonstrate the UC and USHC are joint employers given the operation of SB 1350 and USHC being subject to NLRB jurisdiction. A single employer exists where 2 nominally separate entities are actually part of a single integrated enterprise. There are four factors: (1) functional integration of operations; (2) centralized control of labor relations; (3) common management; and (4) common ownership. USHC and UC are not a single employer because USHC falls within NLRB jurisdiction.