PERB Decision No. 0270HC•Regents of the University of California (Non-Academic Senate Instructional/Research and Allied Professionals) (PERB 0270HC)
Regents of the University of California (Non-Academic Senate Instructional/Research and Allied Professionals) (PERB 0270HC)
PERB Decision No. 0270HCCalperbApr 27, 1984
Full text
STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD IN THE MATTER OF: UNIT DETERMINATION FOR PROFESSIONAL NON-ACADEMIC SENATE RESEARCH EMPLOYEES OF THE UNIVERSITY OF CALIFORNIA PURSUANT TO CHAPTER 744 OF THE STATUTES OF 1978 (HIGHER EDUCATION EMPLOYER-EMPLOYEE RELATIONS ACT) Case Nos. SF-PC-1001 et al. Request for Reconsideration PERB Decision No. 270-H PERB Decision No. 270c-H April 27, 1984 Appearances: Robert J. Bezemek, Attorney (Bennett & Bezemek) for University Council, American Federation of Teachers; Glenn Rothner, Attorney (Reich, Adell & Crost) for American Federation of State, County and Municipal Employees, AFL/CIO; Douglas H. Barton, Kent Jonas and Susan C. Paulsen, Attorneys (Corbett, Kane, Berk & Barton) and James N. Odle, Associate Counsel for the Regents of the University of California. Before Tovar, Jaeger, Morgenstern and Burt, Members. DECISION In PERB Decision No. 270-H, issued on December 28, 1982, the Public Employment Relations Board (PERB or Board) created two separate bargaining units for non-academic senate professional employees of the University of California (UC). These are the non-academic senate instructional unit (instructional unit) and the research and allied professionals unit. Thereafter the Board received requests for reconsideration regarding these units from the University of California; University Council, American Federation of Teachers (AFT); and American Federation of State, County and Municipal Employees (AFSCME). In PERB Decision No. 270a-H, issued on ) ) ) ) ) ) ) ) ) ______________ )
October 24, 1983, the Board decided the portions of the parties' requests for reconsideration relating to the instructional unit. The remaining issues, those concerning research professionals, are dealt with herein. PERB rule 32410(a)1 pertains to reconsideration of Board decisions and states: 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. PERB has considered the requests for reconsideration and has determined that extraordinary circumstances exist which warrant reconsideration of PERB Decision No. 270-H. These circumstances include the volume and complexity of the evidence presented, and the magnitude of the overall unit determination process for UC employees. The Board believes that use of the 1PERB rules are codified at California Administrative Code, title 8, section 31001 et seq. N2
procedures outlined in rule 32410 is the most efficient and expeditious method to remedy any alleged error or oversight. Additionally, the parties2 have entered into stipulations covering all issues raised in the requests for reconsideration. The parties have amended or withdrawn their various requests, arriving at agreement that two units of research employees are appropriate: the first comprised of all non-senate academic research professionals (approximately 4800 employees) and the second of all research support professionals (approximately 3400 employees). The parties have also agreed upon corrections of all technical errors previously raised in their requests for reconsideration. It is PERB's policy to encourage voluntary settlements among the parties subject to its jurisdiction.3 Upon review 2The University Council, AFT, did not request reconsideration of any portion of Decision No. 270-H relating to research professionals, and did not petition to appear on the ballot in a representation election for research professionals. The only organization to successfully petition for these employees by the deadline established by PERB Decision No. 270-H (January 21, 1983) was AFSCME. Thus, AFSCME and UC are the only parties to the continuing unit determination proceeding. 3Board rule 51000 provides: Voluntary Resolution of Disputes. It is the policy of the Board to encourage the persons covered by the HEERA to resolve questions of representation by agreement among themselves, provided such agreement is not inconsistent with the purposes and policies of the HEERA and the Board. w • 3
and reconsideration of the entire record in this matter, the Board finds that it is adequate to support the units requested by the parties. The Board, therefore, approves in its entirety the stipulation submitted by the parties and modifies its Order in PERB Decision No. 270-H accordingly. ORDER Based on the foregoing Decision and the record as a whole, the Public Employment Relations Board hereby ORDERS that: 1. Paragraph 2 of the Order in PERB Decision No. 270-H is amended to read: A unit of non-senate academic research professional employees, set forth in Appendix B, and a unit of research support professional employees, set forth in Appendix C, are appropriate units for the purpose of meeting and conferring in good faith pursuant to Government Code section 3560 et seq. 2. The parties' stipulations regarding technical corrections and changes are approved. 3. The withdrawal of all other requests for reconsideration is approved. 4. Any technical errors in this Order shall be presented to the director of representation who shall take appropriate action thereon in accordance with this decision. By the BOARD A 4
APPENDIX B Non-Senate Academic Research Professional Unit #19 Title Code Job Title 101.4 Staff Scientist 2/Physician 101.5 Staff Scientist 3/Physician 101.7 Staff Senior Scientist 2/Physician 102.1 Post-Doctoral Research Assoc/Medical Scientist 102.2 Divisional Fellow/Medical Scientist 102.3 Staff Scientist 1/Medical Scientist 102.4 Staff Scientist 2/Medical Scientist 102.5 Staff Scientist 3/Medical Scientist 102.6 Staff Senior Scientist 1/Medical Scientist 102.7 Staff Senior Scientist 2/Medical Scientist 103.1 Post-Doctoral Research Assoc/Biochemist 103.2 Divisional Fellow/Biochemist 103.3 Staff Scientist 1/Biochemist 103.4 Staff Scientist 2/Biochemist 103.5 Staff Scientist 3/Biochemist 103.6 Staff Senior Scientist 1/Biochemist 103.7 Staff Senior Scientist 2/Biochemist 105.1 Post-Doctoral Research Assoc/Biologist 105.2 Divisional Fellow/Biologist 105.3 Staff Scientist 1/Biologist 105.4 Staff Scientist 2/Biologist 105.5 Staff Scientist 3/Biologist 105.6 Staff Senior Scientist 1/Biologist 105.7 Staff Senior Scientist 2/Biologist 107.1 Post-Doctoral Research Assoc/Biophysicist 107.2 Divisional Fellow/Biophysicist 107.3 Staff Scientist 1/Biophysicist 107.4 Staff Scientist 2/Biophysicist 107.5 Staff Scientist 3/Biophysicist 107.6 Staff Senior Scientist 1/Biophysicist 107.7 Staff Senior Scientist 2/Biophysicist 109.1 Post-Doctoral Research Assoc/Physiologist 109.2 Divisional Fellow/Physiologist 109.3 Staff Scientist 1/Physiologist 109.4 Staff Scientist 2/Physiologist 109.5 Staff Scientist 3/Physiologist 109.6 Staff Senior Scientist 1/Physiologist 109.7 Staff Senior Scientist 2/Physiologist 111.1 Post-Doctoral Research Assoc/Chemist 111.2 Divisional Fellow/Chemist 111.3 Staff Scientist 1/Chemist 111.4 Staff Scientist 2/Chemist 111.5 Staff Scientist 3/Chemist 111.6 Staff Senior Scientist 1/Chemist 111.7 Staff Senior Scientist 2/Chemist
Title Code Job Title 113.1 Post-Doctoral Research Assoc/Physicist 113.2 Divisional Fellow/Physicist 113.3 Staff Scientist 1/Physicist 113.4 Staff Scientist 2/Physicist 113.5 Staff Scientist 3/Physicist 113.6 Staff Senior Scientist 1/Physicist 113.7 Staff Senior Scientist 2/Physicist 116.1 Post-Doctoral Research Assoc/Mathematician 116.2 Divisional Fellow/Mathematician 116.3 Staff Scientist 1/Mathematician 116.4 Staff Scientist 2/Mathematician 116.5 Staff Scientist 3/Mathematician 116.6 Staff Senior Scientist 1/Mathematician 116.7 Staff Senior Scientist 2/Mathematician 117.1 Post-Doctoral Research Assoc/Statistician 117.2 Divisional Fellow/Statistician 117.3 Staff Scientist 1/Statistician 117.4 Staff Scientist 2/Statistician 117.5 Staff Scientist 3/Statistician 117.6 Staff Senior Scientist 1/Statistician 117.7 Staff Senior Scientist 2/Statistician 118.1 Post-Doctoral Research Assoc/Comp Sci/Math Programmer 118.2 Divisional Fellow/Comp Sci/Math Programmer 118.3 Staff Scientist 1/Comp Sci/Math Programmer 118.4 Staff Scientist 2/Comp Sci/Math Programmer 118.5 Staff Scientist 3/Comp Sci/Math Programmer 118.6 Staff Senior Scientist 1/Comp Sci/Math Programmer 118.7 Staff Senior Scientist 2/Comp Sci/Math Programmer 120.1 Post-Doctoral Research Assoc/Electronic Engineer 120.2 Divisional Fellow/Electronic Engineer 120.3 Staff Scientist 1/Electronic Engineer 120.4 Staff Scientist 2/Electronic Engineer 120.5 Staff Scientist 3/Electronic Engineer 120.6 Staff Senior Scientist 1/Electronic Engineer 120.7 Staff Senior Scientist 2/Electronic Engineer 121.1 Post-Doctoral Research Assoc/Electrical Engineer 121.2 Divisional Fellow/Electrical Engineer 121.3 Staff Scientist 1/Electrical Engineer 121.4 Staff Scientist 2/Electrical Engineer 121.5 Staff Scientist 3/Electrical Engineer 121.6 Staff Senior Scientist 1/Electrical Engineer 121.7 Staff Senior Scientist 2/Electrical Engineer 122.1 Post-Doctoral Research Assoc/Mechanical Engineer 122.2 Divisional Fellow/Mechanical Engineer 122.3 Staff Scientist 1/Mechanical Engineer 122.4 Staff Scientist 2/Mechanical Engineer 122.5 Staff Scientist 3/Mechanical Engineer 122.6 Staff Senior Scientist 1/Mechanical Engineer 122.7 Staff Senior Scientist 2/Mechanical Engineer
Title Code Job Title 123.1 Post-Doctoral Research Assoc/Chemical Engineer 123.2 Divisional Fellow/Chemical Engineer 123.3 Staff Scientist 1/Chemical Engineer 123.4 Staff Scientist 2/Chemical Engineer 123.5 Staff Scientist 3/Chemical Engineer 123.6 Staff Senior Scientist 1/Chemical Engineer 123.7 Staff Senior Scientist 2/Chemical Engineer 124.1 Post-Doctoral Research Assoc/Civil Engineer 124.2 Divisional Fellow/Civil Engineer 124.3 Staff Scientist 1/Civil Engineer 124.4 Staff Scientist 2/Civil Engineer 124.5 Staff Scientist 3/Civil Engineer 124.6 Staff Senior Scientist 1/Civil Engineer 124.7 Staff Senior Scientist 2/Civil Engineer 125.1 Post-Doctoral Research Assoc/Ceramic Engineer 125.2 Divisional Fellow/Ceramic Engineer 125.3 Staff Scientist 1/Ceramic Engineer 125.4 Staff Scientist 2/Ceramic Engineer 125.5 Staff Scientist 3/Ceramic Engineer 125.6 Staff Senior Scientist 1/Ceramic Engineer 125.7 Staff Senior Scientist 2/Ceramic Engineer 126.1 Post-Doctoral Research Assoc/Health & Safety Engineer 126.2 Divisional Fellow/Health & Safety Engineer 126.3 Staff Scientist 1/Health & Safety Engineer 126.4 Staff Scientist 2/Health & Safety Engineer 126.5 Staff Scientist 3/Health & Safety Engineer 126.6 Staff Senior Scientist 1/Health & Safety Engineer 126.7 Staff Senior Scientist 2/Health & Safety Engineer 127.1 Post-Doctoral Research Assoc/Industrial Engineer 127.2 Divisional Fellow/Industrial Engineer 127.3 Staff Scientist 1/Industrial Engineer 127.4 Staff Scientist 2/Industrial Engineer 127.5 Staff Scientist 3/Industrial Engineer 127.6 Staff Senior Scientist 1/Industrial Engineer 127.7 Staff Senior Scientist 2/Industrial Engineer 129.1 Post-Doctoral Research Assoc/Petroleum Engineer 129.2 Divisional Fellow/Petroleum Engineer 129.3 Staff Scientist 1/Petroleum Engineer 129.4 Staff Scientist 2/Petroleum Engineer 129.5 Staff Scientist 3/Petroleum Engineer 129.6 Staff Senior Scientist 1/Petroleum Engineer 129.7 Staff Senior Scientist 2/Petroleum Engineer 130.1 Post-Doctoral Research Assoc/Nuclear Engineer 130.2 Divisional Fellow/Nuclear Engineer 130.3 Staff Scientist 1/Nuclear Engineer 130.4 Staff Scientist 2/Nuclear Engineer 130.5 Staff Scientist 3/Nuclear Engineer 130.6 Staff Senior Scientist 1/Nuclear Engineer 130.7 Staff Senior Scientist 2/Nuclear Engineer
Title Code Job Title 131.1 Post-Doctoral Research Assoc/Structural Engineer 131.2 Divisional Fellow/Structural Engineer 131.3 Staff Scientist 1/Structural Engineer 131.4 Staff Scientist 2/Structural Engineer 131.5 Staff Scientist 3/Structural Engineer 131.6 Staff Senior Scientist 1/Structural Engineer 131.7 Staff Senior Scientist 2/Structural Engineer 132.1 Post-Doctoral Research Assoc/Mining Engineer 132.2 Divisional Fellow/Mining Engineer 132.3 Staff Scientist 1/Mining Engineer 132.4 Staff Scientist 2/Mining Engineer 132.5 Staff Scientist 3/Mining Engineer 132.6 Staff Senior Scientist 1/Mining Engineer 132.7 Staff Senior Scientist 2/Mining Engineer 133-1 Post-Doctoral Research Assoc/Architect 133.2 Divisional Fellow/Architect 133.3 Staff Scientist 1/Architect 133.4 Staff Scientist 2/Architect 133.5 Staff Scientist 3/Architect 133.6 Staff Senior Scientist 1/Architect 133.7 Staff Senior Scientist 2/Architect 140.1 Post-Doctoral Research Assoc/Metallurgist 140.2 Divisional Fellow/Metallurgist 140.3 Staff Scientist 1/Metallurgist 140.4 Staff Scientist 2/Metallurgist 140.5 Staff Scientist 3/Metallurgist 140.6 Staff Senior Scientist 1/Metallurgist 140.7 Staff Senior Scientist 2/Metallurgist 141.1 Post-Doctoral Research Assoc/Hydrologist 141.2 Divisional Fellow/Hydrologist 141.3 Staff Scientist 1/Hydrologist 141.4 Staff Scientist 2/Hydrologist 141.5 Staff Scientist 3/Hydrologist 141.6 Staff Senior Scientist 1/Hydrologist 141.7 Staff Senior Scientist 2/Hydrologist 142.1 Post-Doctoral Research Assoc/Geophysicist 142.2 Divisional Fellow/Geophysicist 142.3 Staff Scientist 1/Geophysicist 142.4 Staff Scientist 2/Geophysicist 142.5 Staff Scientist 3/Geophysicist 142.6 Staff Senior Scientist 1/Geophysicist 142.7 Staff Senior Scientist 2/Geophysicist 143.1 Post-Doctoral Research Assoc/Prog Mgmt Eng/Sci 143.2 Divisional Fellow/Prog Mgmt Eng/Sci 143.3 Staff Scientist 1/Prog Mgmt Eng/Sci 143.4 Staff Scientist 2/Prog Mgmt Eng/Sci 143.5 Staff Scientist 3/Prog Mgmt Eng/Sci 143.6 Staff Senior Scientist 1/Prog Mgmt Eng/Sci 143.7 Staff Senior Scientist 2/Prog Mgmt Eng/Sci
Title Code Job Title 144.1 Post-Doctoral Research Assoc/Geological Eng 144.2 Divisional Fellow/Geological Eng 144.3 Staff Scientist 1/Geological Eng 144.4 Staff Scientist 2/Geological Eng 144.5 Staff Scientist 3/Geological Eng 144.6 Staff Senior Scientist 1/Geological Eng 144.7 Staff Senior Scientist 2/Geological Eng 145.1 Post-Doctoral Research Assoc/Geologist 145.2 Divisional Fellow/Geologist 145.3 Staff Scientist 1/Geologist 145.4 Staff Scientist 2/Geologist 145.5 Staff Scientist 3/Geologist 145.6 Staff Senior Scientist 1/Geologist 145.7 Staff Senior Scientist 2/Geologist 146.1 Post-Doctoral Research Assoc/Geochemist 146.2 Divisional Fellow/Geochemist 146.3 Staff Scientist 1/Geochemist 146.4 Staff Scientist 2/Geochemist 146.5 Staff Scientist 3/Geochemist 146.6 Staff Senior Scientist 1/Geochemist 146.7 Staff Senior Scientist 2/Geochemist 147.1 Post-Doctoral Research Assoc/Economist 147.2 Divisional Fellow/Economist 147.3 Staff Scientist 1/Economist 147.4 Staff Scientist 2/Economist 147.5 Staff Scientist 3/Economist 147.6 Staff Senior Scientist 1/Economist 147.7 Staff Senior Scientist 2/Economist 148.1 Post-Doctoral Research Assoc/Energy/Envir Policy Analyst 148.2 Divisional Fellow/Energy/Envir Policy Analyst 148.3 Staff Scientist 1/Energy/Envir Policy Analyst 148.4 Staff Scientist 2/Energy/Envir Policy Analyst 148.5 Staff Scientist 3/Energy/Envir Policy Analyst 148.6 Staff Senior Scientist 1/Energy/Envir Policy Analyst 148.7 Staff Senior Scientist 2/Energy/Envir Policy Analyst 149.1 Post-Doctoral Research Assoc/Marine Scientist 149.2 Divisional Fellow/Marine Scientist 149.3 Staff Scientist 1/Marine Scientist 149.4 Staff Scientist 2/Marine Scientist 149.5 Staff Scientist 3/Marine Scientist 149.6 Staff Senior Scientist 1/Marine Scientist 149.7 Staff Senior Scientist 2/Marine Scientist
150.1 Post-Doctoral Research Assoc/Ecologist 150.2 Divisional Fellow/Ecologist 150.3 Staff Scientist 1/Ecologist 150.4 Staff Scientist 2/Ecologist 150.5 Staff Scientist 3/Ecologist 150.6 Staff Senior Scientist 1/Ecologist 150.7 Staff Senior Scientist 2/Ecologist 1915 Strict Full Time (SFT) - Veterinary Medicine (VM) - Junior in Agricultural Extension Station (A.E.S.) 1916 SFT - VM - Act Junior _ in A.E.S. 1917 SFT - VM - Assistant "in A.E.S. 1918 SFT - VM - Act Assistant in A.E.S. 1919 SFT - VM - Associate in A.E.S. 1920 SFT - VM - Act Associate in A.E.S. 1921 SFT - VM - in A.E.S. 1922 SFT - VM - Act in A.E.S. 1932 SFT/COMP Plan - Assistant Research 1933 SFT/COMP Plan - Associate Research 1934 SFT/COMP Plan - Research 1938 Rotating Research Professor - 9 mos. 1948 Rotating Research Professor - 11 mos. 1981 Research 9 mos. State Funds - Bu3/Eng 1982 Research 9 mos. Extramural Funds - Bus/Eng 1983 9 mos. State Funds - Associate Research 1984 Bus/Eng 9 mos. Extramural Associate Research 1985 Funds - Bus/Eng 9 mos. State Funds - Assistant Research 1986 Bus/Eng 9 mos. Extramural Assistant Research 1987 Funds - Bus/Eng 11 mos. - Bus/Eng 1988 Research Associate Research 11 mos. - Bus/Eng 1989 Assistant Research 11 mos. - Bus/Eng 3000 in A.E.S. 3001 in A.E.S. - SFT - VM 3004 Specialist in the A.E.S. 3005 in A.E.S. - F.E.R.P. 3006 in A.E.S. - Recalled to Active Duty 3010 Associate in A.E.S. 3011 Associate in A.E.S. - SFT - VM 3012 3013 in the A.E.S. - Bus/Eng 3014 Associate in the A.E.S. - Bus/Eng 3015 Associate Specialist in the A.E.S. Assistant in the A.E.S. Bus/Eng 3020 Assistant in the A.E.S. SFT - VM 3021 Assistant in the A.E.S. SFT - UM 3024 Assistant Specialist in the A.E.S. Title Code Job Title
Title Code Job Title 3030 Junior in the A.E.S. 3031 Junior in the A.E.S. - SFT - VM 3034 Junior Specialist in the A.E.S. 3050 Associate in A.E.S. 3100 Astronomer 3106 Astronomer - Recalled to Active Duty 3110 Associate Astronomer 3120 Assistant Astronomer 3130 Junior Astronomer 3200 Research 11 mos. 3203 Research 9 mos. State Funds 3204 RES CEB - Law School Scale 3205 Research 9 mos. Extramural Funds 3206 Research Strict Full Time 3209 Research Recalled to Active Duty 3210 Associate Research 11 mos. 3213 Associate Research 11 mos. State Funds 3214 Associate Research Attorney - CEB 3215 Associate Research 11 mos. Extramural 3216 Associate Research SFT 3220 Assistant Research 11 mos. 3223 Assistant Research 9 mos. State Funds 3224 Assistant Research Attorney - CEB 3225 Assistant Research 9 mos. Extramural 3226 Assistant Research SFT 3230 Field Program Supervisor 3234 Associate Field Program Supervisor 3236 Assistant Field Program Supervisor 3240 Postgrad Research 11 mos. 3243 Postgrad Research 9 mos. State Funds 3245 Postgrad Research 9 mos. Extramural 3300 Specialist 3310 Associate Specialist 3320 Assistant Specialist 3330 Junior Specialist 3401 Cooperative Extension Specialist 3411 Associate Cooperative Extension Specialist 3421 Assistant Cooperative Extension Specialist 3431 Junior Cooperative Extension Specialist 3441 Cooperative Extension Advisor 3451 Associate Cooperative Extension Advisor 3461 Assistant Cooperative Extension Advisor 3471 Junior Cooperative Extension Advisor 3475 Assistant Cooperative Extension (Agronomist) 3477 Associate Cooperative Extension (Agronomist) 3479 Cooperative Extension (Agronomist) 3500 Continuing Education Specialist VIII 3501 Coordinator of Public Programs VIII
Title Code Job Title 3502 Continuing Education Specialist VII 3503 Coordinator of Public Programs VII 3504 Continuing Education Specialist VI 3505 Coordinator of Public Programs VI 3506 Continuing Education Specialist V 3507 Coordinator of Public Programs V 3508 Continuing Education Specialist IV 3509 Coordinator of Public Programs IV 3510 Continuing Education Specialist III 3511 Coordinator of Public Programs III 3512 Continuing Education Specialist II 3513 Coordinator of Public Programs II 3514 Continuing Education Specialist I 3515 Coordinator of Public Programs I 3540 Program Coordinator 3650 Curator 3651 Associate Curator 3652 Assistant Curator I
APPENDIX C Research Support Professional Unit #27 Title Code Job Title 381.1 Research Associate I 381.2 Research Associate II 381.3 Research Associate III 9520 Spectroscopist Staff Research Associate IV 9611 Staff Research Associate III 9612 Staff Research Associate II 9613 Staff Research Associate I 9642 Marine Technician III 9643 Marine Technician II 9644 Marine Technician I 9722 Senior Museum Scientist 9723 Museum Scientist 9724 Assistant Museum Scientist
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