Unit Determination for Employees of the Regents of University of California (PERB A114HA)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
In the Matter of:
Unit Determination for Employees
of the Regents of the University
of California.
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Case No. SF-RR-1002-H et al.
PER B Order No. Ad-114a-H
April 20, 1982
Appearances: Philip H. Weir for Independent Tool & Die
Craftsmen; Andrew Thomas Sinclair, Attorney for American
Federation of State, County and Municipal Employees, AFL-CIO,
Local 371; Patrick J. Szymanski, Attorney (Beeson, Tayer,
Kovach & Silbert) for Brotherhood of Teamsters and Auto Truck
Drivers, Local 70; Kenneth C. Absalom for California Nurses'
Association; Christine A. Bologna, Attorney for California
State Employees Association, California State Employees
Association/Librarians, California State Employees
Association/Society of Professional Scientists and Engineers;
Douglas H. Barton, Attorney (Corbett, Kane & Berk) for the
Regents of the University of California; Lawrence Rosenzweig,
Attorney (Levy & Goldman) for International Union of Operating
Engineers, Local 501; Les Chisholm and Glenn Rothner, Attorney
(Reich, Adell & Crest) for American Federation of State, County
& Municipal Employees, AFL-CIO; Robert J. Bezemek, Attorney
(Bennett & Bezemek) for University Council, American Federation
of Teachers, AFL-CIO Local 1474, University Council, American
Federation of Teachers, AFL-CIO Local 1990 and University
Council, American Federation of Teachers, AFL-CIO Local 1966;
Stewart Weinberg, Attorney (Van Bourg, Allen, Weinberg & Roger)
for P rinting Trades Alliance, Alameda County Building &
Construction Trades Council, AFL-CIO, International Union of
Operating Engineers, Stationary Engineers, Local 39, Alameda
County Building & Construction Trades Council, AFL-CIO &
International Association of Machinists & Aerospace Workers,
Bay Area District Lodge No. 115, AFL-CIO, LOS Angeles County
Employees Union, Local 434, SEIU, AFL-CIO, San Francisco
Building & Trades Council, United Health Care Employees, Local
102 SEIU, AFL-CIO, United Health Care Employees, Local 250,
SEIU, AFL-CIO, United Health Care Employees, Local 535, SEIU,

AFL-CIO,
	United 	Health
	Care Employees,
	Local
	660,
	SEIU,
AFL-CIO,
	United
	Health
	Care
	Employees,
	Local
	434,
	SEIU,AFL-CIO,
	and
	Franklin
	Silver,
	Attorney
	(Beeson,
	Tayerr
	Kovach
and
	Silbert)
	for 	Physicians 	National 	Housestaff
	Association.
Before
	Gluck,
	Chairperson,
	Jaeger,
	Moore, 	and
	Tovar,
	Members~
DECISION
	AND
	ORDER
On
	September 	4, 	1981,
	the 	Public
	Employment
	Relations
	Board
issued
	its
	Order
	No.
	Ad-114-H,
	directing
	the
	chief
administrative
	law
	judge
	to 	defer 	the
	commencement
	of
	hearings
on
	exclusions
	of 	managerial, 	supervisory
	and
	confidential
employees
	of 	the
	University of
	California
	from
	representation
units 	until 	after
	issuance
	of 	the 	hearing
	officers'
recommendations 	as
	to 	appropriate 	units
	for
	employees
	of 	the
University.
	Those 	recommendations 	having
	now
	been
	issued
	and
served
	on
	all
	the
	parties,
	the
	Board
	now 	ORDERS:
1.
	The
	matter 	of 	the 	determination 	of 	appropriate
	units
of
	employees
	of 	the
	University of
	California 	is
	remanded
	to
	the
chief 	administrative
	law 	judge 	for 	hearings
	on
	the 	following:
a.
	The
	appropriate 	unit
	placement 	of
	residents
	and
interns;
	and
b.
	exclusionary 	issues, 	including 	questions 	of
managerial, 	supervisory, 	confidential
	or
	casual 	status
	or
status
	as
	a
	student
	as 	defined 	in 	section 	3562(f), 	except
	that
no
	evidence
	is 	to
	be
	taken 	on 	the 	employee-student
	status 	of
residents
	and
	interns.
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2. 	The 	matter 	of 	the 	unit 	placement 	of 	interns 	and
residents 	shall 	be 	given 	priority.
3. 	At 	the 	conclusion 	of 	that 	portion 	of 	the 	hearings
concerning 	the 	unit 	placement 	of 	interns 	and 	residents,
including 	time 	for 	submission 	of 	briefs 	by 	the 	parties, 	the
chief 	administrative 	law 	judge 	shall 	submit 	the 	record 	of 	such
hearings 	together 	with 	the 	parties' 	briefs 	directly 	to 	the
Board 	itself 	for 	final 	disposition.
4. 	At 	the 	conclusion 	of 	the 	exclusionary 	hearings, 	the
chief 	administrative 	law 	judge 	shall 	submit 	the 	record,
including 	the 	parties' 	briefs, 	directly 	to 	the 	Board 	for 	final
disposition.
PER CURIAM
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