Regents of the University of California - Phase II Professional and Operations Hearings (Higher Education Employer Employee Relations Act-University of California) (PERB A103H)

STATE OF 	CAL!FORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
BROTHERHOOD OF 	TEAMSTERS 	AND AUTO TRUCK
DRIVERS, 	LOCAL 	NO. 	70,
[1] 	(RR-1002)
[2] 	(PC-1003)
[3] 	(RR-1011)
LABORER'S 	INTERNATIONAL 	UNION,
LOCAL 	1276, 	AFL-CIO
[4] 	(PC-1004)
(5] 	(PC-1005)
AMERICAN 	FEDERATION OF 	STATE, 	COUNTY 	AND
MUNICIPAL 	EMPLOYEES, 	AFL-CIO, 	LOCAL 	371,
[8] 	(RR-1006)
PRINTING 	TRADES 	ALLIANCE,
(9] 	(RR-1007}
ALAMEDA COUNTY 	BUILDING AND 	CONSTRUCTION
TRADES 	COUNCIL, 	AFL/CIO
[10] 	(PC-1007)
INTERNATIONAL 	UNION 	OF 	OPERATING
ENGINEERS, 	STATIONARY 	ENGINEERS, 	LOCAL
NO. 	39,
[11] 	(RR-1009)
[12] 	(RR-1010)
(JT. 	PET.} 	LOCALS 	660 	AND 	535,
SERVICE 	EMPLOYEES 	INTERNATIONAL 	UNION,
AFL-CIO
[13] 	(IP-22} 	(PC-1010}
[40] 	(IP-16)
LOCAL 	660, 	SERVICE EMPLOYEES
INTERNATIONAL 	UNION, 	AFL-CIO, 	UNIVERSITY
DIVISION,
[14] 	(PC-1016)
[15] 	(PC-1017}
CALIFORNIA STATE 	EMPLOYEES 	ASSOCIATION,
[16] 	(PC-1011)
[18] 	(IP-5) 	(PC-1035)
[19] 	(IP-6) 	(PC-1032)
[20] 	(IP-7) 	(PC-1033)
[21] 	{IP-8) 	(PC-1031)
[ 2 3 ] 	( I P-11) ( PC-10 3 6 )
(43] 	(IP-20)
(46] 	(IP-25)
AMERICAN 	FEDERATION 	OF 	STATE, 	COUNTY 	AND
MUNICIPAL 	EMPLOYEES, 	AFL-CIO
[ 24] 	(PC-1012)
[ 2 5 ] 	( PC-1018 )
(26] 	(PC-1026)
[27] 	(IP-13)
[28) 	(IP-14)
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Case 	Nos. 	(IP-6} 	SF-PC-1032
(IP-7) 	SF-PC-1033
PERB 	Order 	No. 	Act-103-H
ADMINISTRATIVE 	APPEAL
Phase 	II 	Professional
And Operations 	Hearings
(HEERA-UC)
November 	14, 	1980

INDEPENDENT
	TOOL
	AND
	DIE
	CRAFTSMEN,
[29] 	(PC-1013)
ALAMEDA COUNTY
	BUILDING
	AND
	CONSTRUCTION
TRADES
	COUNCIL, 	AFL-CIO
	AND
	INTERNATIONAL
ASSOCIATION
	OF
	MACHINISTS
	AND
	AEROSPACE
WORKERS,
	BAY
	AREA
	DISTRICT
	LODGE
	NO.
	115,
AFL-CIO
[31] 	(PC-1015)
INTERNATONAL 	UNION
	OF
	OPERATING
ENG
I
NEE
RS
,
	LOCAL
	501 ,
[32]
	(IP-9)
	(RR-1012}
[33] 	(PC-1022)CALIFORNI~--
NURSES
	ASSOCIATION
[35]
	(IP-2}
ENGLISH
	SECOND
	LANGUAGE
	TEACHERS,
	CFT-AFT
[36]
	(IP-4)
CALIFORNIA
	STATE
	EMPLOYEES
	ASSOCIATION
SOCIETY
	OF
	PROFESSIONAL 	SCIENTISTS
	AND
ENGINEERS,
[ 37 J 	(PC-1023)
LOS 	ANGELES
	COUNTY
	EMPLOYEES
	UNION,
LOCAL
	434,
	SEIU, 	AFL-CIO,
[38)
	(IP-3)
[39]
	(IP-15)
[41]
	(IP-17)
[45]
	(IP-21)
SAN
	FRANCISCO
	BOILDING
	AND
	TRADES
	COUNCIL
[42]
	(IP-18)
UNIVERSITY
	OF
	CALIFORNIA
ACADEMIC
	COUNCIL
(LIBRARIANS)
	AFT
[44]
	(IP-19)U.C.
	AFT, 	AFL-CIO,
	LOCAL
	1990
[47]
	(IP-24)U.C.
	AFT, 	AFL-CIO,
	LOCAL
	1966
[481	
(IP-26)U.C.
	AFT, 	AFL-CIO,
	LOCAL
	2199
[49]
	(IP-27)
PRINTING
	TRADES
	ALLIANCE
[50]
	(IP-28)[51]
	(IP-29)
LIMITED 	PARTIES
(LP-1) 	SERVICE
	EMPLOYEES
INTERNATIONAL 	UNION,
	AFL-CIO
LOCAL
	102(LP-2) 	SERVICE
	EMPLOYEES
INTERNATIONAL 	UNION, 	AFL-CIO
LOCAL
	250
(LP-3)
	WITHDRAWN
(LP-4}
	WITHDRAWN
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(LP-5)	
WITHDRAWN
{LP-6)	
U.C. 	AFT, 	AFL-CIO,
	LOCAL
	1990
(LP-7)	
ORANGE 	COUNTY
	EMPLOYEES
ASSOCIATION
(LP-8)
	AMERICAN
	FEDERATION
	OF
TEACHERS,
	AFL-CIO,
	LOCAL
	1990
(LP-9) 	AFT, 	AFL-CIO,
	LOCAL
	1474
(LP-10) 	AFT, 	AFL-CIO,
	LOCAL
	2141
(LP-11)
	AFT, 	AFL-CIO,
	LOCAL
	1990
(LP-12) 	AFT, 	AFL-CIO,
	LOCAL
	2023
(LP-13) 	AFT, 	AFL-CIO,
	LOCAL
	2026
(LP-14)
(LP-15) 	PRINTING
	TRADES
	ALLIANCE
(LP-16)	
PRINTING
	TRADES
	ALLIANCE
(LP-17)
	CSEA
(LP-18)
	CSEA
APPLICANTS
(IP-24)
	(RR-1014)
	AMERICAN
FEDERATION
	OF
	TEACHERS,
AFL-CIO,
	LOCAL
	1990 	and
LOCAL
	1494
Employee
	Organizations,
and
REGENTS
	OF
	THE
	UNIVERSITY
	OF
	CALIFORNIA,
Employer.
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____________________
)
Appearances:	
Christine
	A.
	Bologna, 	Attorney 	for
	California
State
	Employees
	Association.
Before 	Gluck, 	Chairperson:
	Moore, 	Member.
DECISION
	AND
	ORDER
California State
	Employees
	Association 	(hereafter
	CSEA)
	has
appealed 	the 	attached 	decisions 	of 	the
	San
	Francisco 	regional
director 	that
	the
	showing
	of 	support
	by
	CSEA
	in 	support 	of
	its
applications 	to 	participate 	in 	the 	University of 	California
unit 	determination 	hearings 	as
	a
	party 	of 	interest 	in
	two
	units
3

(IP-16
	and
	IP-17)
	were
	insufficient
	to
	meet
	the 	requirements
	of
former
	PERB
	rule
	51220(c)
(2).1
PERB
	rule
	32700(b)
	and
	(e)
(4)2	
require
	that
	membership
lists
	submitted 	as 	proof
	of 	support
	must
	be
	accompanied	
by	
the
date
	of
	each
	member's
	signature
	on
	an
	enrollment,
	membership
lPERB
	rules
	are
	codified
	at
	California
	Administrative
Code,
	title
	8, 	section
	3100
	et
	seq.
Former
	PERB
	rule
	51220(c)
	provides:
•.•
	An
	employee
	organization
	may
	be
allowed
	to
	participate 	fully
	in
	a
representation
	hearing 	provided:
• 	e 	• 	• 	• 	• 	Q	
~	
• 	• 	• 	• 	o	
~	
a 	• 	• 	• 	• 	•
(c} 	The
	Hearing
	Officer
	determines
	that
	the
organization
	has
	either:
(l}
	10
	percent 	support 	of
	any
	unit 	indispute
	at
	the
	hearing, 	or
(2) 	10
	percent 	support 	of
	a
	proposed
unit
	which
	overlaps 	another
	unit
	in
dispute
	at
	the 	hearing.
2PERB
	rule
	32700{b) 	and 	(e) (4)
	provide:
(b) 	The
	proof 	of 	support
	shall 	indicate
each 	employee's
	printed
	name,
	signature,
	job
title
	or
	classification
	and
	the 	date
	on
which 	each
	individual's 	signature
	was
obtained.
	A
signature 	without 	evidence
	that
it
	was
	obtained 	within
	one
	calendar 	year
prior 	to 	the
	filing
	of 	the
	petitionrequiring
	employee
	support
	shall
	be
	invalidfor 	the 	purpose 	of 	calculating 	proof 	of
support.
	Any
	signature 	meeting 	the
requirements 	of 	this 	section 	shall
	be
considered 	valid
	even 	though 	the 	signator
4

application, 	or 	designation 	card 	and 	that 	such 	signatures 	must
have 	been 	obtained 	within 	one 	calendar 	year 	prior 	to 	the 	filing
of 	the 	petition. 	The 	regional 	director 	properly 	applied 	this
rule 	in 	this 	case. 	His 	findings 	and 	decisions 	are 	AFFIRMED.
PER CURIAM
has 	executed 	authorizations 	for 	more 	than
one 	employee 	organization
. . 	. 	. 	. 	. 	. 	. 	. . 	. 	. 	. 	. 	. 	. 	. . 	. 	. 	. 	. .
(e) 	Subject 	to 	subsections 	(a), 	(b), 	(c)
and 	(d) 	of 	this 	regulation, 	proof 	of 	support
may 	consist 	of 	any 	one 	of 	the 	following 	or 	a
combination 	thereof:
(4) 	A notarized 	membership 	list,
provided 	it 	is 	accompanied 	by 	the 	date
of 	each member's 	signature 	on 	an
enrollment, 	membership 	application, 	or
designation 	card 	or 	cards, 	supported 	by
a 	declaration 	under 	penalty 	of 	perjury
that 	the 	employee 	organization 	has 	on
file 	the 	aforementioned 	documents 	which
indicate 	the 	employee's 	desire 	to 	be
represented 	by 	the 	employee
organization. 	A sample 	of 	such 	signed
cards 	shall 	accompany 	the 	list.
5

c:ALIFOR!"IA
	EDMUND
0,
laROWN
JJt.
Go-
BtlC
EMPLOYMENT
RELA
TiONS
BOARD
Son Francisco Regioncl Office
177 Post St., 9th Floor
Son Froncisco, Colifornio 	94108
(41.5)
557-1350
August
	28,
	1980
Mr.
Wayne
Reine
Program
Coordinator
California State
Employees
Association
1108 	"O"
Street:
Sac.ra:mento,
California
	95814
CERTIFIED HAIL
Return
Receipt
Requested
Re:
	Case
No.
	IP-6
	(SF-PC-1032) 	Systemwide
OpeTations
&
Services Unit
Dear Mr.	
Reine:
After
	an
initial
	determination
	found
	the
showing
submitted
in
support
	of your
	request 	to
be
an
Interested
	Party
in
the
above
referenced case
to
	be
insufficient,
an
	additional
	time
period
in
which
to
	per£
ect
	your showing
was
	granted.
Supplemental
	s'bowing
of support
was
	submitted
in
the
forms
	of
authorization
	ca::-ds 	and
	petitions
	pursuant
	to
PERB
Regulation
32700
	(e)
	(3)
	and
membership
lists
	pursuant to
PERB
Regulation
32700
	(e)
	(4)
	which
	states that
a
	proof
of
	support
may
	consist
of	
a
11
notarized
membership
list,
	provided
it
is
	accompanied
by
the date
	of each
member's signatu:-e
on
	an
enrollment,
membership
application,
or 	designation card
or
cards
••••
"
	The
dates
which accCllpanied each
name
were
	checked
for
	validity
in
accordance
with
PERB
	Regulation
	32700
	(b),
which
states 	that
	a
11
signatuTe without 	evidence
that
it
was
obtained within
one
calendar year
	prior to the
filing
of the
petition requiring
employee
support
shall
	be
invalid for
the
	purpose of
calculating
proof of support."
	Thus, even assuning
that the
nanes
	submitted are
	otherwise
	valid, 	the
total
nun.ber
of
validly
dated
names
	is
1,071,
which
is
	29
short
of
	the 1,100
needed to
	constitute the
ten
	(10)
	percent
showing of
	support
required
by
	PERB
	Regulation
	51220	
(c)	
(2).
An
appeal 	of
	this
	decision
may be made
to the
Board
itself
w.i.thin
ten
calenda:r
	days 	of
	service
by
filing
a
	statement of
the facts
	upon ".Jhich
the appeal
	is
	based with
the
Executive
Assistant to the
	'Board
at
	923
	12th
Street,
	Suite 201,

......
Mr.
Wayne
Heine
ProgTam
Coordinator
Pgc2
Sacramento,
California
	95814. 	Copies
	of
	any
appeal
must be
concurrently served
	upon
	all
	parties
_and
the
San
'Francis
co
Regicnal
Office.
	Proof
	of
Service
of
	the
appeal
must be
filed
with
	the
Executive
Assistant:.
Should
you
have any
questions 	concerning
this
matter,
	please
contact
me.
VP..1:y
truly
yours,
"-:l
AMES
W•
	TAMM
Regioc.al
Director
.
JW!:ir
cc::M:r.
	Terry
'F
illiiii.an
Mr. Gerry 	Becke=

STAT!
(,iF
CAL!~NIA
	EOMUND
G.
!~OWN
J~
••
Go_,
PUBUC EMPLOYMENT Rt:lAT:ONS SOAi<D
Son-froncrseo Regional Office
177 Post St., 9th Floor
Son Fronci~o, Colifornio 	94108 ·
(415) 557-1350
August 28,
	l9o0
M.r. Wayne
HeineProgram
Coordina:or
Cal.ifornia
St.ate
Employees
Association
llOS	
no"
Street
Sacra.'llento,
Cal.ifornia
	95814
CERTIFIED
MAIL
Return
Receipt
Requested
Re:
	IP-7
	(SF-?C-1033)
	systemwide
Clerical	
&
Allied
Services
Unit
Dear
M.r.
	Heine:
After
	an
	initial
d~termination
found
	the
	showing
submitted
	in
support
of
your
	request to	
be 	an
Interested Party in
the
	above
referenced case
to	
be
insufficient,
	an
	additional.
	time
period
in.whicn
	to perfect
your showing was
	granted.
Supplemental
	showing
of
	support
was
	submitted
in
the
	forms
	of
authorization
	cards 	and
petitions
pursuant
to
PER3
Regulation
32700
(e)
{3) 	a.i.,d
rnenl:-ership
lists
	pJrsuant
to
PEBB
Regulation
32700{e) (4) 	which
states that
a proof of
support
may
consist
	of
a
	"notarized
mc~::;.ership
list,
	provided
it
is
	accompanied
	by the
date of each
m~ber
I s
	signature
on
	an
	enrollment,
:membership
application,
	or 	cesignation
	card or 	cards
•••
" 	The
	dates
	which
accc:mpanied eac~ na~e were checked
for
	validity in accordance
with
PERB
	Regulation
32700
(b),
	which
states
	that
	a
	"signature
without
evidenc~
that
it
was
obtained within
one calendar
	year
prior 	to
	the
	filing
	of
	the
	P-tition
requiring
employee
support
shall
	be
invalid for 	the
	purpose of
	calculating proof of
supporto" 	Thus, even assu:ning
that
	th~
names
	submitted
are
otherwise
	valid, the
total
number of
	validly
dated
names
is
1,691, which
	is
309 sh::>rt of 	the 2,000 needed
to constitute the
ten
	(lO)
	percen:
showing of support required by
	PE:F.B
Regulation
51220
(c)
(2) •
An appeal of
	this decision
may be made
	to
	the Board
itself
within ten calendar 	days of 	service by
filing
	a statement of
the facts
	upon
whic.i-t
	the ap;,eal
	is
	based with the Ex:ecut.i ve
Assistant 	to
th~ Board
at
	923 12th
Street, 	Suite 201,

Mr.
Wayne
Heine
Program
Coordinator
Pg e 	2
Sacramento,
	California
95814.
	Copies 	of
	any
appeal
must
	be.
concurrently
served
	upon
	all
	parties
	and
the
San
Francisco
Regional,
Office.
	Proof
	o.E
Service
~f
	the 	appeal
must
i:e
	filed
with
the Executive
Assistant.
Should you have	
a."'ly
questions
	concerning
this
matter, please
contact
me.
Very
truly
yours,
~
W~
	TAMM
Regional
Pirector
JWr: ks
cc:Terry Filliman
Gerry
Becker