Regents of the University of California Professional Librarians (PERB 0247HA)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC EMPLOYMENT 	RELATIONS 	BOARD
In 	the Matter 	of:
UNIT 	DETERMINATION 	FOR 	TECHNICAL
EMPLOYEES; 	CLERICAL EMPLOYEES;
SERVICE EMPLOYEES; 	PROFESSIONAL
SCIENTISTS AND ENGINEERS, 	LAWRENCE
LIVERMORE NATIONAL 	LABORATORY;
PROFESSIONAL LIBRARIANS; 	AND
PROFESSIONAL 	PATIENT 	CARE 	EMPLOYEES
OF 	THE 	UNIVERSITY 	OF CALIFORNIA;
PURSUANT TO CHAPTER 744 	OF 	THE
STATUTES 	OF 	1978 	(HIGHER EDUCATION
EMPLOYER-EMPLOYEE 	RELATIONS 	ACT)
Case Nos.
SF-RR-1002 et al.
SF-PC-1001 et al.
Requests 	for
Reconsideration 	and
Judicial 	Review
PERB Decision Nos.
241-H 	and 	244-H 	thru 	248-H
PERB Decision Nos.
241a-H, 	244a-H
245a-H, 	246a-H
247a-H, 	248a-H
February 4, 	1983
Appearances: 	Judith 	Droz 	Keyes 	and Jerrold C. 	Schaefer,
Attorneys 	(Corbett, 	Kane, 	Berk & Barton) 	and James N. 	Odle,
Associate 	Counsel 	for 	the 	Regents 	of 	the 	University of
California; 	Marco Li Mandri 	for 	California Education Labor
Organization.
Before Tovar, Jaeger, Morgenstern and Burt, Members.*
DECISION
Following 	the 	issuance 	of 	PERB Decision Nos. 	241-H and
244-H through 	248-H on September 	30, 	1982, 	the Public
Employment 	Relations Board 	(Board) 	received 	requests 	for
reconsideration 	of 	those 	decisions 	from 	the 	University 	of
California 	(University) 	and 	from 	the 	California Education Labor
Organization 	(CELO), 	and a petition to join 	in request 	for
judicial 	review 	from 	the 	University.
*Chairperson Gluck 	did 	not participate 	in 	this 	Decision.
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PERB 	rule 	32410(a)1 pertains 	to 	reconsideration 	of 	Board
decisions 	and 	states:
(a) 	Any party 	to a decision of 	the Board
itself 	may, 	because of extraordinary
circumstances, 	file a request 	to reconsider
the 	decision within 	20 	days 	following 	the
date 	of service of 	the decision. 	An
original 	and 	5 	copies 	of 	the 	request 	for
reconsideration 	shall 	be 	filed with 	the
Board 	itself 	in 	the 	headquarters 	office 	and
shall 	state 	with 	specificity 	the 	grounds
claimed 	and, 	where 	applicable, 	shall specify
the page 	of 	the 	record 	relied on. 	Service
and 	proof of 	service 	of 	the 	request pursuant
to 	section 	32140 	are 	required. 	The 	grounds
for 	requesting 	reconsideration 	are 	limited
to claims 	that 	the decision of 	the Board
itself 	contains prejudicial 	errors 	of 	fact,
or 	newly discovered 	evidence 	or 	law which
was 	not 	previously 	available 	and 	could 	not
have 	been 	discovered with 	the 	exercise 	of
reasonable diligence.
Government Code 	subsection 	3564(a) 	pertains 	to 	judicial
review and 	states:
No 	employer 	or 	employee 	organization 	shall
have 	the 	right 	to judicial 	review of a 	unit
determination except: 	(1) 	when 	the 	board 	in
response 	to 	a petition 	from an 	employer 	or
employee 	organization, 	agrees 	that 	the case
is one 	of 	special 	importance 	and 	joins 	in
the request for 	such 	review; 	or 	(2) 	when 	the
issue 	is 	raised 	as a defense 	to 	an unfair
practice 	complaint. 	A board 	order 	directing
an election 	shall 	not 	be 	stayed 	pending
judicial 	review.
Upon 	receipt of 	a 	board 	order 	joining 	in 	the
request 	for 	judicial 	review, 	a party 	to 	the
case 	may 	petition 	for 	a writ 	of
1PERB 	rules 	are 	codified 	at 	California Administrative
Code, 	title 	8, 	section 31001 et seq.
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extraordinary 	relief 	from 	the 	unit
determination 	decision or 	order.
The 	Board 	has 	considered 	all 	submitted 	requests 	for
reconsideration 	and 	the 	petition 	for 	judicial 	review. 	The
University addresses 	two 	issues: 	one, 	technical errors 	in unit
placement; 	and 	two, 	whether 	the Higher Education
Employer-Employee 	Relations 	Act 	(HEERA)2 requires 	a 	30
percent 	showing 	of 	support 	by 	at 	least 	one 	employee
organization 	before 	an 	election 	in 	an 	appropriate 	unit may 	be
held. 	CELO 	asks 	for 	reconsideration 	of 	the Board's 	designation
of 	systemwide 	units.
I. 	University of California: 	Requests 	for 	Reconsideration
and 	Petition 	to Join 	in 	Request 	for 	Judicial 	Review
A. 	Technical Errors
The 	University has 	brought 	to 	the 	attention 	of 	the Board
certain 	technical 	errors. 	These 	errors 	include 	the 	omission
from 	seven 	of 	the 	eight 	unit 	determination 	decisions 	of 	an
order 	concerning 	casual 	employees 	of 	the 	University. 	The
Orders 	in PERB Decision Nos. 	241-H and 	244-H 	through 	248-H 	are
hereby 	amended 	to 	read:
Each 	of 	the 	units 	found 	appropriate 	shall
exclude managerial, 	supervisory, 	and
confidential of 	the 	University. 	The 	status
of 	casual 	employees 	shall 	be determined
during 	the 	exclusionary 	phase 	of 	these
proceedings.
2Government 	Code 	section 	3560 	et 	seq.
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In 	accordance 	with 	the 	Orders 	in 	the 	above-referenced
decisions, 	the 	remaining 	technical errors 	shall be corrected 	by
the director 	of 	representation.
B. 	Proof of 	Support
The 	University 	also 	requests 	the Board 	to 	reconsider 	or
join 	in 	requesting 	judicial 	review 	regarding 	whether 	HEERA
requires 	a 30 percent 	showing 	of 	support 	by 	at 	least 	one
employee 	organization 	before 	an 	election 	in 	an 	appropriate 	unit
may 	be 	held. 	The 	request 	for 	reconsideration 	is granted. 	The
Board 	finds 	that 	a 	30 	percent 	showing 	of 	support 	is 	required 	by
HEERA before 	a directed 	election may 	be 	held. 	See 	the
discussion 	in 	Unit 	Determination 	for 	Skilled 	Crafts 	Employees
of 	the 	University of California 	(Reconsideration) 	(2/4/83) 	PERB
Decision No. 	242a-H. 	Accordingly, 	the Orders 	in PERB Decision
Nos. 	241-H 	(par. 4 ) , 245-H 	(par. 	5 ) , and 248-H 	(par. 	5) 	are
hereby 	amended 	to 	read:
The 	Board 	hereby 	ORDERS 	a 	representation
election 	in each of 	these 	units 	in which 	an
employee 	organization 	has 	demonstrated 	or
demonstrates 	at 	least 	30 	percent 	showing 	of
support not later 	than March 	15, 	1983. 	The
director 	of 	representation 	may 	seek 	an
extension of 	this 	deadline 	in one or 	more
units 	from 	the 	Board 	for 	sufficient 	cause.
The Orders 	in PERB Decision Nos. 	244-H 	(par. 	4 ) , 	246-H
(par. 	4 ) , 	and 247-H 	(par. 	4) 	are hereby amended to read:
The 	Board 	hereby 	ORDERS 	a 	representation
election 	in 	this unit, 	provided 	that 	an
employee 	organization 	has 	demonstrated 	or
demonstrates 	at 	least 	30 	percent 	showing 	of
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support 	not later 	than March 	15, 	1983. 	The
director 	of 	representation may 	seek 	an
extension of 	this 	deadline 	from 	the 	Board
for 	sufficient 	cause.
II. 	California Education Labor 	Organization: 	Request 	for
Reconsideration
CELO 	requests 	the Board 	to 	reconsider 	the 	creation of
systemwide 	units. 	However, 	CELO is 	not a party 	to 	this unit
determination process. 	PERB 	rule 	32410 	states 	that 	requests
for 	reconsideration may 	be 	raised 	by 	"Any -party 	to 	a 	decision
. 	. 	. 	." 	(Emphasis 	added.) 	Failure to conform to this
limitation 	could 	lead 	to 	inefficiency 	and 	potential 	misuse 	of
the Board's 	administrative 	processes. 	For 	these 	reasons 	CELO's
request 	for 	reconsideration 	is 	denied.
ORDER
In 	accordance 	with 	the 	foregoing 	and 	in 	consideration of
the 	entire 	record 	in 	this 	case, 	the Public Employment Relations
Board 	hereby 	ORDERS 	that:
1. 	The Orders 	in PERB Decision Nos. 	241-H 	(par.(3)),
244-H (par. 2 ) , 245-H (par. 3 ) , 246-H (par. 3 ) , 247-H (par. 3 ) ,
and 	248-H 	(par. 	3) 	are 	amended 	to read:
Each of 	the 	units 	found 	appropriate 	shall
exclude managerial, 	supervisory, 	and
confidential employees 	of 	the 	Regents 	of 	the
University of California. 	The 	status of
casual 	employees 	shall 	be 	determined 	during
the 	exclusionary 	phase 	of 	these 	proceedings.
2. 	The 	remaining 	technical 	errors brought 	to 	the
Board's 	attention 	shall 	be 	corrected 	by 	the 	director 	of
unT	
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representation, 	in 	accordance with 	the Orders 	in PERB Decision
Nos. 	241-H and 	244-H through 	248-H.
3. 	The Orders 	in PERB Decision Nos. 	241-H 	(par. 	4 ) ,
245-H 	(par. 	5 ) , 	and 248-H 	(par. 	5) 	are amended to read:
The 	Board 	hereby 	ORDERS 	a 	representation
election 	in 	each 	of 	these 	units 	in which 	an
employee 	organization 	has 	demonstrated 	or
demonstrates 	at 	least 	30 	percent showing 	of
support 	not later 	than March 15, 	1983. 	The
director 	of 	representation may 	seek 	an
extension of 	this 	deadline 	in one 	or 	more
units 	from 	the Board 	for 	sufficient 	cause.
4. 	The Orders 	in PERB Decision Nos. 	244-H 	(par. 	4 ) ,
246-H 	(par. 	4 ) , 	and 247-H 	(par. 	4) 	are amended to read:
The 	Board 	hereby 	ORDERS 	a 	representation
election 	in 	this 	unit, 	provided 	that 	an
employee 	organization 	has 	demonstrated 	or
demonstrates 	at 	least 	30 	percent 	showing 	of
support 	not later 	than March 	15, 	1983. 	The
director 	of 	representation may 	seek 	an
extension 	of 	this 	deadline 	from 	the 	Board
for 	sufficient 	cause.
5. 	The 	request 	for 	reconsideration 	filed 	by 	the
California 	Education Labor 	Organization 	is 	DENIED because 	the
organization 	is 	not a party 	to 	this proceeding.
By 	the BOARD
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the 	meaning 	of 	PERB 	rule 	32410 	and 	subsection 	3564(a),
respectively.
4. 	Paragraph 	3 of 	the Order 	in PERB Decision No. 	243-H 	is
amended 	to 	read:
The Board 	hereby 	ORDERS 	a 	representation
election 	in 	this unit, 	provided 	that 	an
employee 	organization 	has 	demonstrated 	or
demonstrates 	at 	least 	30 	percent 	showing 	of
support 	not later 	than March 	15, 	1983. 	The
director 	of 	representation 	may 	seek 	an
extension 	of 	this 	deadline 	from 	the Board
for 	sufficient 	cause.
5. 	The 	request 	for 	reconsideration 	filed 	by 	the
California Education 	Labor 	Organization 	is 	DENIED 	because 	the
organization 	is 	not 	a party 	to 	this proceeding.
By 	the BOARD
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