Decision A527H – Regents of the University of California
SF-UM-913-H, SF-UM-914-H, SF-UM-915-H, and SF-UM-916-H
Decision Date: April 9, 2025
Decision Type: Administrative Appeal
Description: University Professional and Technical Employees, Communication Workers of America Local 9119 (UPTE) filed four petitions for unit modification to add various classifications of employees of the University of California (UC) to an existing bargaining unit UPTE exclusively represents. While UPTE’s petitions were pending, Student Services and Advising Professionals – United Auto Workers (SSAP-UAW) filed a request for recognition accompanied by proof of support seeking to represent a proposed bargaining unit of student services and advising professionals, some of whom were also included in UPTE’s unit modification petitions. PERB’s Office of the General determined that, under PERB Regulation 32781(e)(2), UPTE’s petitions required proof of at least 30 percent employee support. OGC provided UPTE an opportunity to provide proof of support, but UPTE did not do so. OGC issued an administrative determination dismissing UPTE’s petitions because they lacked sufficient proof of support. UPTE filed an appeal.
Disposition: In a precedential decision, the Board upheld OGC’s dismissal of UPTE’s unit modification petition. For decades, the Board has balanced two competing interests in representation cases: stable and harmonious labor relations based on appropriate bargaining units, and employee free choice. When one representation petition creates a question concerning representation, and a conflicting petition does not, the Board has historically given priority to deciding the question concerning representation, even if doing so renders moot an otherwise properly filed unit appropriateness question. PERB Regulation 32781(e)(2) gives effect to this policy by requiring a unit modification petitioner to provide proof of at least 30 percent proof of support if the employees to be added to the existing bargaining unit are also included in a pending request for recognition or petition for certification. OGC therefore correctly required UPTE to provide proof of support. The Board ordered UPTE’s petitions for unit modification dismissed without prejudice, because UPTE may re-file its petitions upon the conclusion of SSAP-UAW’s request for recognition as to any employees who may remain unrepresented at that time.
Perc Vol: 50
Perc Index: 38
Decision Headnotes
1300.01000 – In General
Requests for joinder as a party are governed by PERB Regulation 32164. However, in particular circumstances where other regulations establish additional procedural requirements for party status, such as timing and proof of support, those more specific requirements apply. (pp. 20-21.)
1306.01000 – In General; Requirements
PERB Regulation 32781(e)(2) requires at least proof of 30 percent support of persons covered by a unit modification petition whenever a petition for certification or request for recognition covers the same persons, regardless of which petition was filed first. (pp. 8-9.)
1306.01000 – In General; Requirements
PERB Regulation 32781(e)(2)’s proof of support requirement for unit modification petitions applies before any determination that a simultaneously pending petition for certification or request for recognition seeks an appropriate bargaining unit. (pp. 18-19.)
1307.01000 – In General/Definition
When confronted with two incompatible representation petitions, PERB gives priority to resolving questions concerning representation over determining appropriate bargaining units. (p. 18.)
1307.01000 – In General/Definition
PERB Regulation 32781(e)(2)’s proof of support requirement for unit modification petitions prevents abuse and promotes employees’ right to select a representative. (pp. 16-18.)
1310.01000 – In General
PERB Regulation 32781(e)(2) requires at least proof of 30 percent support of persons covered by a unit modification petition whenever a petition for certification or request for recognition covers the same persons, regardless of which petition was filed first. (pp. 8-9.)
1310.01000 – In General
PERB Regulation 32781(e)(2)’s proof of support requirement for unit modification petitions applies before any determination that a simultaneously pending petition for certification or request for recognition seeks an appropriate bargaining unit. (pp. 18-19.)