PERB Decision No. 0176HA•Unit Determination - California State University and Colleges (Nonprofessional) (PERB 0176HA)
Unit Determination - California State University and Colleges (Nonprofessional) (PERB 0176HA)
PERB Decision No. 0176HACalperb26 mag 1982
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STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD In the Matter of: Case No. LA-PC-1001 LA-PC-1002 Unit Determination for Employees of the California State University LA-PC-1003 LA-PC-1004 and Colleges Pursuant to Chapter 744 of the Statutes of 1978 (Higher Education Employer-Employee LA-PC-1005 Relations Act) PERB Decision No. 176a-H Request for Reconsideration May 26, 1982 Appearances: Bernard L. Allamano, Gary P. Reynolds, M. Jeffrey Fine and Christine A. Bologna, Attorneys for California State Employees Association; Mayer Chapman and Barbara E. Miller, Attorneys for California State University and Colleges. Before Gluck, Chairperson; Jaeger, Jensen and Tovar, Members. DECISION Pursuant to section 32410 of the rules and regulations of the Public Employment Relations Board (PERB or Board) , _ the PERB rules and regulations are codified at California Administrative Code, title 8, section 31000 et seq. Section 32410 (a) states: (a) Any party to a decision of the Board itself may, because of extraordinary circumstances, file a request to reconsider the decision with the Board itself within 10 days following the date of service of the decision. The request for reconsideration shall be filed with the Executive Assistant STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD In the Matter of: Unit Determination for Employees of the California State University and Colleges Pursuant to Chapter 744 of the Statutes of 1978 (Higher Education Employer-Employee Relations Act) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ____________________ ) Case No. LA-PC-1001 LA-PC-1002 LA-PC-1003 LA-PC-1004 LA-PC-1005 PERB Decision No. 176a-H Request for Reconsideration May 26, 1982 Appearances: Bernard L. Allamano, Gary P. Reynolds, M. Jeffrey Fine and Christine A. Bologna, Attorneys for California State Employees Association; Mayer Chapman and Barbara E. Miller, Attorneys for California State University and Colleges. Before Gluck, Chairperson; Jaeger, Jensen and Tovar, Members. DECISION Pursuant to section 32410 of the rules and regulations of the Public Employment Relations Board (PERB or Board), 1 the 1 PERB rules and regulations are codified at CaliforniaAdministrative Code, title 8, section 31000 et seq. Section 32410(a) states: (a) Any party to a decision of the Board itself may, because of extraordinarycircumstances, file a request to reconsiderthe decision with the Board itself within 10 days following the date of service of the decision. The request for reconsideration shall be filed with the Executive Assistant
California State Employees Association (CSEA) seeks reconsideration of PERB Decision No. 176-H. In that decision we determined, inter alia, that the supervising groundsworker I employment classification of the California State Universities and Colleges (CSUC) is a supervisory classification, and that the appropriate representational unit for certain agricultural and technical classifications of CSUC could not be determined based upon the record of the underlying administrative proceeding . In deciding the exclusionary status of the supervising groundsworker I, the Board adopted and relied upon those findings of fact which were based upon credibility determinations of the hearing officer who presided at the underlying administrative proceeding. It was in the evaluation of those findings that the Board reached a result contrary to that recommended by the hearing officer. We note that only one witness at the unit determination proceeding testified regarding the classification of supervising groundsworker I. Thus the testimony as to this employment position was uncontroverted. Independent review of the uncontroverted facts to the Board 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. N California State Employees Association (CSEA) seeks reconsideration of PERB Decision No. 176-H. In that decision we determined, inter alia, that the supervising groundsworker I employment classification of the California State Universities and Colleges (CSUC) is a supervisory classification, and that the appropriate representational unit for certain agricultural and technical classifications of CSUC could not be determined based upon the record of the underlying administrative proceeding. to the Board 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. In deciding the exclusionary status of the supervising groundsworker I, the Board adopted and relied upon those findings of fact which were based upon credibility determinations of the hearing officer who presided at the underlying administrative proceeding. It was in the evaluation of those findings that the Board reached a result contrary to that recommended by the hearing officer. We note that only one witness at the unit determination proceeding testified regarding the classification of supervising groundsworker I. Thus the testimony as to this employment position was uncontroverted. Independent review of the uncontroverted facts 2
is entirely within the Board's authority and does not evidence a disregard of firsthand credibility determinations. The Board also considered, inter alia, its decision in In the Matter of Unit Determination for the State of California (12/30/80), PERB Decision No. 110c-S. While we concluded in that decision that the state civil service classification of supervising groundsworker I is nonsupervisory, the record in the instant unit determination proceeding does not contain evidence establishing that this state classification is the same as the CSUC classification of the same name. In deciding that a group of 50 agricultural and technical employees of CSUC could not for the moment be included in any representational unit, the Board found that the record was entirely without evidence as to certain agricultural and technical classifications. Thus, a rational decision regarding the appropriate composition of a representational unit of agricultural and technical employees was not possible. CSEA has not submitted any evidence to supplement the deficiency in the record, thus our conclusion must remain the same. Having shown no "extraordinary circumstances" within the meaning of section 32410, the California State Employees Association's request for reconsideration is DENIED. PER CURIAM W is entirely within the Board's authority and does not evidence a disregard of firsthand credibility determinations. The Board also considered, inter alia, its decision in In the Matter of Unit Determination for the State of California (12/30/80), PERB Decision No. llOc-S. While we concluded in that decision that the state civil service classification of supervising groundsworker I is nonsupervisory, the record in the instant unit determination proceeding does not contain evidence establishing that this state classification is the same as the CSUC classification of the same name. In deciding that a group of 50 agricultural and technical employees of CSUC could not for the moment be included in any representational unit, the Board found that the record was entirely without evidence as to certain agricultural and technical classifications. Thus, a rational decision regarding the appropriate composition of a representational unit of agricultural and technical employees was not possible. CSEA has not submitted any evidence to supplement the deficiency in the record, thus our conclusion must remain the same. ORDER ORDER Having shown no "extraordinary circumstances" within the meaning of section 32410, the California State Employees Association's request for reconsideration is DENIED. PER CURIAM 3
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