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


Decision Date: February 4, 1999

Decision Type: Administrative Appeal

Description: Union filed interlocutory appeal concerning Board agent’s order denying the Union’s motion to amend complaint and order denying request for reconsideration. Board agent joined the Union’s request for interlocutory appeal.

Disposition: Affirmed. PERB does not have jurisdiction over the entity resulting from the merger of two medical centers, one public and one private.

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Perc Vol: 23
Perc Index: 30058

Decision Headnotes

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-

201.04000 – Joint Employer, Single Employer, and Alter Ego Doctrines

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.