PERB Order No. A114HB•Unit Determination for Employees of the Regents of University of California (PERB A114HB)
Unit Determination for Employees of the Regents of University of California (PERB A114HB)
PERB Order No. A114HBCalperb4 août 1982
Texte intégral
STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD In the Matter of: Unit Determination for Employees of the Regents of the Universityof California. ) ) ) Case No. SF-RR-1002-H et al. PERB Order No. Ad-114b-H August 4, 1982 ) ) ) ) ) ___________________ ) Appearances: Robert Bezemek, Attorney (Bennett & Be2emek); Stewart A. Weinberg, Attorney (Van Bourg, Allen, Weinberg & Roger); Lawrence Rosenzweig, Attorney (Levy & Goldman); Les Chisholm for American Federation of State, County & Municipal Employees, AFL-CIO; Kenneth c. Absalom for California Nurses Association; Glenn Rothner, Attorney (Reich, Adell & Crost); Andrew Thomas Sinclair, Attorney for American Federation of State, County and Municipal Employees, AFL-CIO, Local 371;Thomas E. Rankin, Attorney for Laborer's International Union, Local 1276; Franklin Silver, Attorney (Beeson, Tayer, Kovach & Silbert); Patrick J. Szymanski, Attorney (Beeson, Tayer, Kovach & Silbert); Philip Callis, Attorney for California State Employees Association; Jerrold c. Schaefer, Kent Jonas, Douglas Barton,Attorneys (Corbett, Kane, Berk & Barton); James Odle for the- Regents of the University of California. Before Gluck, Chairperson; Jaeger, Jensen, Morgenstern, and Tovar, Members. DECISION AND ORDER On April 20, 1982, the Public Employment Relations Board issued PERB Order No. Ad-114a-H directing the Chief Administrative Law Judge to conduct hearings regarding University of California exclusionary issues, including questions of managerial, supervisory, confidential, casual and student status. Pre-hearing conferences and hearings having been conducted in June and July, 1982, at considerable cost and without substantial resolution of the matters in dispute, the Board now ORDERS:
1. that hearings on a day-to-day basis be deferred until further pre-hearing inquiries and investigations have been undertaken by the Director of Representation to narrow the number of contested issues for additional hearing; 2. that the student exclusion stipulation dated July 7, 1982, be accepted;l 3. that all parties and/or their representatives attend a pre-hearing conference on August 13, 1982, regarding further procedural orders in this case, including steps required to implement the necessary inquiries and investigations. Said conference will take place at University Hall, 2200 University Avenue, Berkeley,, California, Room 150 (Regents' Large conference Room), at 10:00 a.m. PER CURIAM lchairperson Gluck did not take part in the considerationof this part of the Order. 2
STATE OF CALIFORNIA PUBLIC EMPLOYMENT RELATIONS BOARD In the Matter of: UNIT DETERMINATION FOR EMPLOYEES OF THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (EXCLUSIONARY PHASE). ----------------- ) ) ) Case No. SF-RR-1002-H et al. PERB Order No. Ad-114c-H September 14, 1982 ) ) ) ) Appearances: James N. Odle, Attorney, and Judith Droz Keyes, Attorney (Corbett, Kane, Berk & Barton) for the Regents of the University of California; Glenn Rothner, Attorney (Reich, Adell & Crost) for American Federation of State, County and Municipal Employees, AFL-CIO; Philip E. Callis, Attorney (California State Employees Association). Before: Jaeger, Member; Gluck, Chairperson, Jensen and Tovar, Members. DECISION AND ORDER On August 4, 1982 the Public Employment Relations Board- (hereafter PERB or Board) issued PERB Order No. Ad-114b-H. By that Order the Board halted day-to-day hearings in this matter pending further inquiries and investigations under the direction of the director of representation. The Board also provided that the parties and/or their representatives attend a pre-hearing conference on August 13, 1982 regarding further procedural orders and steps to implement the necessary investigations. Prior to that conference, on August 12, 1982, the director of representation issued the attached Pre-Hearing Notice and
Order for Investigation, Production of Documents, and Hearing. Among other things, that Or_der requires all parties to produce declarations and documentary evidence pursuant to an established time schedule regulating the investigation of exclusionary claims. The August 12 Order also provides a mechanism for the parties to make motions for protective orders in the event there are concerns regarding employee privacy interests or the circumstances governing the production (or inspection) of documents. On August 23, 1982 the University filed an administrative appeal of the August 12 Order, as well as a request for a stay. The Board-has concluded that the issues raised by the University should have first been raised with opposing counsel and with the director of representation before being presented to this Board since by the terms of the August 12 Order a protective order mechanism that would permit resolution of the University's overall concerns exists. For this reason, the requested stay and appeal are DENIED. However, given the nature of the University's claims, the matter is hereby referred to the Director of Representation for review and clarification, if appropriate, and shall be treated as a 2
request for a protective order pursuant to the terms of the August 12 Order.l PER CURIAM lNothing in this Order should be construed as a determination by the Board that the University's appeal involves the "mechanics of an election" and is therefore not properly appealable pursuant to PERB Regulation 32380. That issue is not before the Board at this time since the matter has been referred to the director of representation to allow for the exhaustion of administrative remedies by the Board's delegated representative. 3
" 1 'l .• STATE OF CALIFORNIA PUBLIC EMPLOYMENT RELATIONS BOARD In the Matter of: UNIT DETERMINATION FOR EMPLOYEESOF THE REGENTS OF 'I'.BE UNIVERSITY OF CALIFORNIA (EXCLUSIONARY PHASE). } ) } } ) } } _________________ ) Case No. SF-RR-10O2-H, et al. PRE-HEARING NOTICE AND ORDER FOR INVESTIGATION, PRODUCTION OF DOCUMENTS, AND HEARING. August 12, 1982 PLEASE TAKE NOTICE that the following ORDER, pursuant to PERS Decision No. Ad-ll4b-H (8/4/82), will hereafter govern the procedural course of the exclusionary phase of this proceeding. The five steps outlined below will be used to arrive at exclusionary determinations. Timelines and deadlines for submissions covering each step are reflected on the appendix attached to this •Pre-Hearing. Notice and Order. ~; l. The University of California will submit declarations under penalty of perjury in support of each whole class and/or individual employee exclusionary claim. Declarations must be specific as to facts justifying the claim, and must be legally sufficient to constitute the University's case-in-chief for the purpose of proof and for cross-examination. Declarations about these claims shall be accompanied by relevant documents, or, alternatively, documents shall be made available for inspection. (Declarations of authenticity may accompany the documents or may be incorporated within the exclusionary claim declarations.)
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Relevant
documents
that
must be
produced,
where
available
17
include
the following:
(a)
organizational
charts;
(b)
job
descriptions;
(c)
evaluations of
the person(s) about
whom
the
claim
is
madei (d)
personnel
actions
taken involving
someone
other
than
the
person(s} about
whom
the claim
is
made
(ee9•P
evaluations, appraisals,
warnings, reprimands,
corrective
discipline, hiring, transfers,
promotions,
.wage
increases,
and
grievance determinations;)
{e) employment and
personnel
policy
statements
and
guidelines
by
and/or about
the person(s) for
~hom
the claim
is
made,
setting
forth
the
functional
relationship
of said
person(s}
to the
employer
in
terms
of
exclusionary
criteria~
The
Univ:rsity
is
invited to
submit
explanatory
memoranda
providing
an overview
of the submitted materials9 Service
and
proof of service of the
declarations,
documents and
related
memoranda
shall
be made on
the
PE.RB
and on employee
organizations
with
an
interest
in the relevant
proposed
unit
•
If
the
parties
are
unable
to
agree
on
terms, the
PERB
will
·
entertain
motions
for
protective orders concerning
employee
privacy
and
reasonable time, place
and manner
guidelines for
document
production and/or inspection
•
2~
Employee
organizations will
review the
materials
submitted by the University
and
shall file
with the
PERB
a
list
of classifications
and/or positions
Which
the organization is
prepared to stipulate are excluded from the unit in:-\ question. Service and proof of service of the list on interested parties are required. The iERB, at its discretion, may schedule settlement conferences to narrow disputed issues. 3. Employee organizations shall submit any counter- declarations and relevant documents, subject to the standards described above applicable to the Oniversity, regarding proposed exclusions not resolved by stipulation. Service and proof of service of counter-declarations and related documents on interested parties are required.. A failure to file counter-declarations and supporting documents will be deemed a waiver of opposition to the claim, unless, on the date employee organization filings ar~ required, the organization files its opposition on the ground that a prima facie case has not been stated by the University. Each claim opposed on this ground must be supported by a statement identifying alleged insufficiencies in the University's factual submission. Service and proof of service of statements of insufficiency on interested parties are required. 4. The PERB will conduct conferences to review the contested claims and to arrive at settlements. 5. The PERS will examine the unresolved claims on the basis of the totality of materials submitted by the parties to determine whether a sufficient case has been presented for transmittal to the Board itself for determination, or, whether further investigation or formal hearing is required to resolve disputed issues of fact. 3
Notices of further investigation and/or hearing, where necessary, wil.l. be sent to the parties, specifying the claims upon which additional evidence shall be received. Thereafter, the record pertaining to any unresol~ed claim shall be transmitted directly to the Board itself for determinations Dated: August 12, 1982 ~~T E. CA.RAWAr' rtrr'ec tor of Representation 0
APPENDIX
(Case No. SF-RR-1002-H,
{et al.
(PRE-BEARING NOTICE AND
(ORDER FOR INVESTIGATION,
(PRODUCTION OF DOCUMENTS,
(AND HEARING.
(August 12, 1982
(
The process of developing the record in this proceeding will be
divided into three phases as follows:
Phase I LLNL Proposed Units:
(1) Clerical
(2) Skilled Crafts
(5) Professional
Phase II - (10} Patient Care
(11) Professional Health Care
(12) Librarian
(14) Staff Administrative
Phase III - ( 6) Clerical
(7) Skilled Crafts
{8) Technical
(9) Service
(13) Non-Academic-Senate Academic
and Allied
General timelines and due dates for the various required
submissions will be as follows unless modified pursuant to a
subsequent order:
Phase I Phase II Phase III
Step 1 Due 9/27/82 oue 11/1/82 Due 12/13/82
Step 2 Due 10/11/82 Due 11/19/82 Due 1/7/83
Step 3 Due ll/5/82 Due 12/17/82 Due 2/4/83
Step 4 ll/8/82-11/19/82 l/3/83-1/14/83 2/7/83-2/18/83
Step 5 ll/22/82-12/17/82 l/17/83-2/4/83 2/21/83-3/11./83
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