PERB Decision No. 0244H•Regents of the University of California Clerical (PERB 0244H)
Regents of the University of California Clerical (PERB 0244H)
PERB Decision No. 0244HCalperb30 sept. 1982
Texte intégral
STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD In the Matter of: UNIT DETERMINATION FOR CLERICAL 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 PERB Decision No. 244-H September 30 , 1982 ) ) ) ) ) ) Appearances; Robert J. Bezemek, Attorney (VanBourg, Allen, Weinberg & Roger) for United Health Care Employees, SEIU; Hirsch Adell and Glenn Rothner, Attorneys (Reich, Adell & Crost) and Les Chisholm for American Federation of State, County and Municipal Employees, AFL-CIO; Christine A. Bologna, Attorney, Wayne Heine and Gerald B. Radeleff for California State Employees' Association; Patrick J. Szymanski, Attorney (Beeson, Tayer, Kovach & Silbert) for Brotherhood of Teamster and Auto Truck Drivers, Local No. 70; Jerrold C. Schaefer and Judith Droz Keyes, Attorneys (Corbett, Kane & Berk) for the Regents of the University of California. Before: Tovar, Jaeger, Morgenstern and Jensen, Members.* I. INTRODUCTION The Higher Education Employer-Employee Relations Act (hereafter HEERA)1 became effective July 1, 1979 as a result of legislation enacted by the California Legislature in 1978. The legislation granted jurisdiction over the HEERA to *Chairperson Gluck did not participate in this Decision, 1The HEERA is codified at Government Code section 3560 et seq. All statutory references hereafter are to the Government Code unless otherwise indicated. ___ )
the Public Employment Relations Board (hereafter PERB or Board). Its terms extend the opportunity for collective negotiations to, among others, employees of the University of California and their designated representatives.2 As an initial step in the representational process, PERB has authority to determine the appropriate units for employees of UC.3 Pursuant to rules and regulations adopted by the Board,4 various employee organizations filed petitions with the Board describing the units they believed to be appropriate. Parties to the instant case then participated in the unit determination hearing conducted by a PERB hearing officer who thereafter transmitted the entire record along with his unit recommendations to the Board itself for decision. In Unit Determination for Technical Employees of the University of California (9/30/82), PERB Decision No. 241-H, the Board determined that three units of technical employees were appropriate. Based on the evidence and the briefs submitted by 2In addition to providing exclusive representation of employees in appropriate units by employee organizations, HEERA also makes it unlawful for the employer or the employee organization to commit certain acts and requires the employer and the exclusive representative to meet and confer in good faith and endeavor to reach an agreement on matters within the scope of representation. 3Subsection 3563(a). 4PERB rules and regulations regarding HEERA are codified at California Administrative Code, title 8, section 50000 et seq. 22
the parties as well as the hearing officer's recommendations, and pursuant to the statutory unit determination criteria,5 the Board has determined that the following additional unit is appropriate: Clerical and Allied Services Unit (excluding employees of Lawrence Livermore National Laboratory). THE CLERICAL PETITIONS Petitions describing a unit of clerical employees have been filed by the American Federation of State, County and Municipal Employees, AFL-CIO (AFSCME), the California State Employees Association (CSEA), and United Health Care Employees, SEIU, Locals 102, 250 and 434 (SEIU). The petitions of AFSCME and CSEA are virtually the same. Each has requested a clerical unit which is essentially systemwide, excluding only those employees at the Lawrence Livermore National Laboratory. The University agrees that such a unit would be appropriate. SEIU has requested a unit which consists of all the clerical workers employed at the University's medical facilities. SEIU's petition is thus in conflict with those of AFSCME and CSEA. For the reasons set forth by the hearing officer at pp. 36-46 of his recommendations to the Board Re Staff Operations 5See this Board's preceding decision, Unit Determination for Technical Employees of the University of California (9/30/82) PERB Decision No. 241-H, pp. 3-6, for a review of the statutory unit determination criteria. That discussion is incorporated herein by reference. 33
Employees (2/8/82), we find the petitions of CSEA and AFSCME for a systemwide clerical unit (excluding employees of Lawrence Livermore National Laboratory) to be appropriate, and that of SEIU to be inappropriate. We note that while we adopt the hearing officer's recommendation that hospital unit service coordinators (9257-9259) and medical records technicians (9266-9266) should be excluded from this unit (see Unit Determination for Technical Employees of the University of California (9/30/82), PERB Decision No. 241-H for the disposition of patient care and technical classes), we decline to adopt his recommendation that hospital medical transcribers (4687-4688) and patient record abstractors (4716-4719) also be excluded. These classes were petitioned for by both AFSCME and CSEA, and we agree that incumbents of the classes perform clerical duties and share a close community of interest with the other clerical employees petitioned for by AFSCME and CSEA. Neither were these classes included in SEIU's petition for a patient care and technical unit (see Unit Determination for Technical Employees of the University of California (9/30/82), PERB Decision No. 241-H). Thus we would not adopt the hearing officer's recommendation that these classes be included in that unit proposed by SEIU. ORDER Based on the entire record in this case, the Public Employment Relations Board hereby ORDERS that: 4
1. A unit composed of all clerical and allied employees of the University of California, excluding those employed at the Lawrence Livermore National Laboratory, is appropriate for the purpose of meeting and conferring in good faith pursuant to Government Code section 3560, et seq. The employment classes included in this unit are set forth in the attached appendix. 2. The unit found appropriate shall exclude managerial, supervisory and confidential employees of the University. 3. 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. 4. The Board hereby ORDERS a representation election in this unit and the general counsel is hereby directed to proceed in accordance with California Administrative Code, title 8, part 3, division 4. By the BOARD 5 5
APPENDIX CLERICAL AND ALLIED SERVICES UNIT Class Code Class Title 4513 Communications Attendant 4612 Senior Cashier 4613 Cashier 4621 Senior Collections Representative 4622 Collections Representative 4671 Principal Clerk 4672 Senior Clerk 4673 Clerk 4677 Senior Hospital Biller 4678 Hospital Biller 4681 Principal Typist Clerk 4682 Senior Typist Clerk (A) 4683 Senior Typist Clerk (B) 4687 Senior Hospital Medical Transcriber 4688 Hospital Medical Transcriber 4691 Senior Graphic Compositor 4692 Graphic Compositor 4706 Office Supervisor II 4707 Office Supervisor I 4712 Administrative Assistant III 4713 Administrative Assistant II I
4714 Administrative Assistant I 4715 Administrative Assistant 4716 Patient Record Abstractor IV 4717 Patient Record Abstractor III 4718 Patient Record Abstractor II 4719 Patient Record Abstractor I 4722 Assistant III 4723 Assistant II 4724 Assistant I 4772 Lead Key Entry Operator 4773 Key Entry Operator 4774 Assistant Key Entry Operator 4874 Messenger 4919 Assistant IV 4920 Assistant III 4921 Assistant II 4922 Assistant I 4961 Senior Coder 4962 Coder 4999 Senior Legal Secretary 5000 Legal Secretary 5006 Secretary III 5007 Secretary II 5008 Secretary I 5009 Secretary I (Shorthand) 22
6456 Program Assistant II 6457 Program Assistant I 6493 Visitor Program Assistant 6694 Translator-Technical 6732 Bibliographer II 6733 Bibliographer I 6759 Library Assistant IV 6760 Library Assistant III 6761 Library Assistant II 6762 Library Assistant I 7191 Principal Data Processing Production Coordinator 7192 Senior Data Processing Production Coordinator 7193 Data Processing Production Coordinator 7232 Senior Survey Worker 7233 Survey Worker 9031 Principal Admitting Worker 9032 Senior Admitting Worker 9033 Admitting Worker 518.1 Administrative Services I 518.2 Administrative Services II 518.3 Admnistrative Services III 518.4 Administrative Services IV 518.5 Administrative Services V 642.0 Dispatcher, Emergency Communications 3 3
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