Regents of the University of California Skilled Crafts (PERB 0242HB)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
IN 	THE MATTER OF:
UNIT 	DETERMINATION 	FOR SKILLED 	CRAFTS
EMPLOYEES 	OF THE 	UNIVERSITY OF
CALIFORNIA PURSUANT TO 	CHAPTER 744
OF THE 	STATUTES 	OF 	1978 	(HIGHER
EDUCATION 	EMPLOYER-EMPLOYEE
RELATIONS 	ACT)
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) 	Case 	No.
SF-RR-1002 	et 	a l .
PERB 	D e c i s i o n 	No. 	242b-H
March 	3 1 , 	198 3
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Appearances: 	Stewart Weinberg, Attorney 	(Van Bourg, Allen, 	Weinberg
& 	Roger) 	for 	Alameda County Building 	and Construction Trades Council
and 	San Francisco Building 	and 	Construction Trades 	Council; 	Glenn
Rothner, Attorney 	(Reich, 	Adell 	& Crost) 	for American Federation of
State, County and Municipal Employees, AFL-CIO; 	Philip E. Callis,
Attorney 	for 	California State Employees Association; 	Lawrence
Rosenzweig, 	Attorney 	(Levy 	& Goldman) 	for 	International Union of
Operating Engineers, Local 501, AFL-CIO; Thomas E. 	Rankin, Attorney
for 	Laborers International Union, 	Local 1268; 	Douglas H. 	Barton,
Attorney 	(Corbett, Kane, Berk & Barton) 	and James N. Odle, Associate
Counsel for 	the Regents 	of 	the 	University of California.
Before: 	Gluck, Chairperson; Tovar, Jaeger, Morgenstern and Burt,
Members.
DECISION
On September 	30, 	1982, 	the Public Employment Relations
Board 	(PERB or 	Board) 	issued 	a 	decision1 under 	the Higher
1Unit 	Determination for 	Skilled 	Crafts Employees 	of 	the
University of California Pursuant 	to Chapter 	744 of 	the
Statutes of 	1978 	(Higher Education Employer-Employee Relations
Act) 	(9/30/82) 	PERB Decision No. 	242-H. 	See also the decision
concerning 	requests 	for 	reconsideration and 	judicial review.
Unit Determination 	for 	Skilled Crafts Employees of 	the
University of California Pursuant 	to Chapter 	744 of 	the
Statutes of 	1978 	(Higher Education Employer-Employee Relations
Act) 	(2/4/83) 	PERB Decision No. 	242a-H.
______)

Education 	Employer-Employee 	Relations 	Act 	(HEERA)2 creating 	a
separate 	bargaining 	unit 	for 	skilled 	crafts 	employees 	at 	each
of 	the 	following 	four 	University of 	California 	(UC)
institutions: 	UC San Francisco, 	UC Los Angeles, Lawrence
Livermore 	National 	Laboratory 	(LLNL),3 and 	the 	combined 	UC
Berkeley/Lawrence 	Berkeley 	Laboratory. 	Pending 	that 	decision,
exclusionary 	issues 	were 	raised 	by 	the 	parties 	with 	respect 	to
the alleged managerial, 	supervisory, 	confidential 	and casual
status 	of 	employees 	in 	the 	various 	proposed 	skilled 	crafts
units, 	as 	well 	as 	several other proposed UC units. 	The 	hearing
on these 	exclusionary issues 	began on July 14, 	198 2. 	See 	Unit
Determination 	for 	Employees 	of 	the 	Regents 	of 	the 	University of
California 	(9/4/81) 	PERB Order No. 	Ad-114-H and 	(4/20/82) 	PERB
Order 	No. 	Ad-114a-H. 	It 	soon became 	apparent 	that 	the
development of 	the 	record 	for 	this 	and 	related 	UC 	units 	would
be 	an 	unduly lengthy 	and 	complex process 	since 	a 	total of
approximately 	7,000 	exclusionary 	issues 	were
2The 	HEERA 	is 	codified 	at 	Government 	Code 	secton 	3560
et 	seq. 	All 	statutory 	references 	are 	to 	the Government Code
unless 	otherwise 	specified.
3The 	only exclusionary 	issues 	raised 	in 	the LLNL 	skilled
crafts 	unit 	pertained 	to 	the 	status 	of 	alleged 	casual
employees. 	The 	Board 	has 	previously 	resolved 	these 	issues.
See 	Unit Determination 	for Technical, 	Skilled Crafts, 	Services
and 	Professional Employees 	of 	the 	University of California
(Lawrence 	Livermore 	National 	Laboratory 	Casual 	Employees)
Pursuant 	to 	Chapter 	744 	of 	the Statutes 	of 	1978 	(Higher
Education Employer-Employee 	Relations 	Act) 	(3/4/83) 	PERB
Decision No. 	290-H. 	The LLNL skilled 	crafts 	unit 	is 	therefore
not discussed 	herein.
22

involved. 	As a result, on August 4, 1982, 	the Board ordered
the hearing 	suspended pending further procedural orders. 	Unit
Determination for Employees of 	the Regents of 	the University of
California 	(8/4/82) 	PERB Order No. Ad-114b-H.
Thereafter, on August 12, 	1982, 	the director of
representation issued a pre-hearing notice and order 	for
investigation, production of documents, 	and hearing. 	See Unit
Determination for 	Employees of the Regents of 	the University of
California 	(Exclusionary Phase) 	(9/14/82) 	PERB Order No.
Ad-114c-H. 	This order directed UC to submit declarations and
relevant 	supporting documents 	under 	penalty of perjury 	in
support of each whole classification 	(List A submission) 	and/or
individual employee 	(List B submission) 	exclusionary claim.
The order provided that the documentation submitted by UC
should 	be legally sufficient 	to constitute 	its case-in-chief
for 	all 	disputed classifications 	and 	employees.
The employee organizations were directed 	to review the
material submitted by UC and to submit counter-declarations and
relevant documents where they opposed UC's exclusionary
claims. 	The employee organizations were 	advised that a failure
to file counter-declarations would be deemed a waiver of
opposition to 	the claim unless opposition was stated on the
ground that a prima facie case was not established by UC. 	The
parties were 	then advised that PERB would examine the disputed
claims on the basis of 	the 	totality of materials submitted by
33

the 	parties 	to 	determine 	whether 	a sufficient 	case 	was
presented 	for 	decision by 	the Board 	itself, 	or 	whether 	further
investigation 	or 	formal 	hearing 	would 	be 	required 	to 	resolve
disputed 	issues 	of 	fact.
As 	a result of 	the procedural 	history described 	above, 	the
record 	in 	this 	matter 	substantially 	consists 	of 	numerous
declarations 	submitted 	by 	UC 	supporting 	its 	exclusionary
claims. 	Although 	the 	employee 	organizations 	responded with 	no
documentation of 	their 	own, 	they argue 	that UC's 	documentation
is 	insufficient 	to 	establish 	a prima facie 	case 	for 	exclusion.
Therefore, 	they contend, 	none of 	the claimed 	exclusions should
be 	allowed. 	The 	record also 	consists of 	the 	transcript 	and
exhibits 	in 	the matter 	of 	Unit 	Determination 	for 	Skilled 	Crafts
Employees of 	the 	University of California, 	supra, 	PERB Decision
No. 	242-H, 	including class 	specifications, 	job descriptions,
the 	staff 	personnel manual, 	and 	salary schedules. 	As
discussed, 	infra, 	the record 	in some 	cases 	establishes 	and 	in
some 	cases 	does 	not 	establish 	a prima facie 	case sufficient 	to
exclude 	the 	disputed 	classifications 	and 	employees.
DISCUSSION
The 	term supervisory 	employee 	is 	defined 	in 	section
3580.3.4 	This 	definition essentially 	parallels 	the
4 Section 	3580.3 	provides:
"Supervisory employee" 	means 	any 	individual,
regardless 	of 	the job description or 	title,
4

definition of 	supervisory 	employee 	found 	in 	the 	State
Employer-Employee 	Relations Act 	(SEERA).5 In 	deciding 	this
case, 	we 	find 	no 	reason 	to depart 	from 	the Board's 	conclusions
having 	authority, 	in 	the 	interest 	of 	the
employer 	to hire, 	transfer, suspend, lay
off, recall, promote, discharge, assign,
reward, 	or discipline other employees, 	or
responsibility to 	direct 	them, 	or 	to 	adjust
their 	grievances, 	or effectively 	to
recommend 	such 	action, 	if, 	in connection
with 	the 	foregoing, 	the exercise of 	such
authority 	is 	not of 	a merely routine or
clerical 	nature, 	but 	requires 	the 	use of
independent judgment. 	With 	respect 	to
faculty or 	academic employees, 	any
department chair, 	head of 	a similar 	academic
unit 	or program, 	or 	other 	employee who
performs 	the 	foregoing 	duties 	primarily 	in
the 	interest of 	and on behalf of 	the members
of 	the academic department, 	unit or 	program,
shall 	not 	be 	deemed 	a supervisory 	employee
solely because 	of 	such 	duties; 	provided,
that 	with 	respect 	to 	the 	University of
California and 	Hastings College 	of 	the Law,
there 	shall be 	a 	rebuttable 	presumption 	that
such 	an 	individual 	appointed 	by 	the 	employer
to 	an 	indefinite 	term shall 	be 	deemed 	to be
a supervisor. 	Employees 	whose 	duties 	are
substantially 	similar 	to 	those 	of 	their
subordinates 	shall 	not 	be 	considered 	to 	be
supervisory 	employees.
Supervisory employees 	have 	limited 	rights 	under 	SEERA as
set 	forth 	in 	section 	3580 	et 	seq.
5The 	SEERA 	is 	codified 	at Section 	3512 	et 	seq.
The 	definition of 	"supervisory 	employee" 	in 	section 	3522.1
of 	SEERA does 	not 	contain 	the department 	chairperson 	language
of 	HEERA. 	Section 	3522.1 provides:
"Supervisory employee" 	means 	any 	individual,
regardless 	of 	the 	job description or 	title,
having 	authority, 	in the 	interest 	of 	the
employer, 	to hire, transfer, suspend, lay
off, recall, promote, discharge, assign,
55

regarding 	exclusionary 	issues 	set 	forth 	in 	Unit 	Determination
for 	the State 	of California Pursuant 	to 	Chapter 	1159 	of 	the
Statutes 	of 	1977 	(State 	Employer-Employee Relations Act)
(12/31/80) 	PERB Decision No. 	110c-S.6 	Thus, 	we 	conclude 	that
the 	burden of 	proving 	an 	exclusionary 	claim 	rests 	with 	the
party asserting 	it.7 Stipulations 	of 	fact 	submitted 	by 	the
parties 	are 	accepted as 	conclusive. 	Additionally, 	see 	the
detailed 	discussion 	regarding 	supervisory 	employees 	in 	Unit
Determination 	for 	Professional Scientists 	and 	Engineers,
Lawrence Livermore 	National Laboratory, 	of 	the 	University of
California Pursuant 	to Chapter 	744 of Statutes of 	1978 	(Higher
Education Employer-Employee 	Relations Act 	(3/8/83) 	PERB
Decision No. 	246b-H, at p. 	8 et seq.
reward, or 	discipline other employees, or
responsibility 	to direct 	them, 	or 	to adjust
their 	grievances, 	or 	effectively to
recommend such 	action, 	if, 	in connection
with 	the 	foregoing, 	the exercise 	of 	such
authority 	is 	not of a merely routine 	or
clerical nature, 	but requires 	the 	use of
independent judgment. 	Employees 	whose
duties 	are 	substantially similar 	to 	those 	of
their 	subordinates 	shall 	not 	be 	considered
to 	be supervisory employees.
6Unit 	Determination 	for 	Employees 	of 	the 	California State
University 	and Colleges 	Pursuant 	to Chapter 	744 of 	the Statuses
of 	1978 	(Higher Education Employer-Employee 	Relations Act)"
(9/22/81) 	PERB Decision No. 	173-H and 	(11/17/81) 	PERB Decision
No. 176-H.
7 See 	also 	In Re: 	The State 	Employer 	Employee 	Relations
Act, 	Phase 	III, 	Unit Determination Proceeding 	(10/18/79) 	PERB
Order No. Ad-79-S.
66

As was stated in that case, 	the Board's analysis according
to the principles established 	in the SEERA unit determination
decision has been complicated because the record provides few
direct facts regarding 	the amount of time the employees in
issue perform duties substantially the same as those of 	their
subordinates, 	or 	whether 	the exercise of supervisory duties is
sporadic and atypical or 	requires the use of independent
judgment. 	Absent these facts, 	the evidence must be
conservatively approached. 	Thus, 	the point at which an
employee's supervisory obligation to 	the employer outweighs the
entitlement 	to 	the 	rights afforded 	rank-and-file employees will
be reached only where the record 	indicates the substantial
performance of supervisory duties. 	Additionally, 	certain
supervisory duties may indicate a serious potential for 	a
conflict of 	interest with bargaining 	unit members 	and thus
require 	the exclusion of the employee.
UNIT 	4 	- 	UC BERKELEY/LAWRENCE BERKELEY LABORATORY
SKILLED 	CRAFTS
UC 	argues 	that 	the 	following 	job classifications 	placed 	in
the 	UC 	Berkeley/Lawrence Berkeley 	skilled 	crafts 	unit 	are
comprised 	partially 	or 	entirely of 	supervisory 	employees 	who
should 	be 	excluded 	from 	the 	unit:
Classification 	Class 	Code
Physical 	Plant Mechanic Supervisor 	8170
Assistant 	Physical 	Plant Mechanic 	Supervisor 	8171
Senior 	Physical 	Plant Mechanic 	8172
7

Classification 	Class 	Code
Chief 	Stationary 	Engineer 	8251
Assistant 	Chief 	Stationary 	Engineer 	8252
After 	a review of 	the 	record 	submitted 	to 	the Board, 	the
parties 	stipulated 	to 	the exclusion of 	all 	incumbents 	in 	the
physical 	plant mechanic 	supervisor 	and 	chief 	stationary
engineer 	classifications 	as 	supervisory. 	The Board 	has 	held
that 	it 	will 	approve 	a stipulation 	in a 	unit 	determination
matter 	when 	the 	stipulation 	does 	not 	contravene 	the Act 	or
established 	Board 	policies. 	Centinela Valley 	Union High School
District 	(8/7/78) 	PERB Decision No. 	62. 	The 	stipulations 	are
therefore 	approved 	by 	the Board 	based 	upon 	the 	record 	in 	this
proceeding.8
8 The 	Board 	does 	not 	specifically designate 	these
employees 	as 	supervisory. 	In 	the State Employer-Employee
Relations Act, 	Phase III, 	Unit Determination Proceeding, 	supra,
PERB Order No. Ad-79-S, 	the Board stated 	that 	it:
. 	. 	. 	views the 	focus of 	the Phase III 	unit
determination proceedings 	to be 	a
determination of 	those 	rank 	and 	file
employees 	who 	are 	to be 	included 	in 	the
designated 	appropriate 	units. 	However, 	the
burden 	is on the 	. 	. 	. 	party which may seek
to 	exclude 	employees 	from 	units 	because 	of
alleged managerial, 	supervisory 	or
confidential 	status—to 	affirmatively
justify 	their 	exclusion. 	This 	can be 	done
by 	showing 	evidence 	of 	actual 	job
requirements 	which 	would 	disqualify 	the
subject 	employees 	from 	placement 	in
representation 	units 	irrespective 	of 	which
exclusionary 	category 	those 	employees 	may
fit.
Thus, 	the Board 	approves 	only 	the exclusion of 	the
classifications 	from 	the 	unit 	and 	not 	the 	specific 	basis 	for
the exclusions.
8

The 	remaining 	exclusionary 	issues 	in 	this 	unit 	are 	next
addressed.9
Assistant 	Physical 	Plant Mechanic Supervisor 	(Class 	Code 	8171)
Despite 	the 	fact 	that 	physical 	plant mechanic 	supervisors
are 	excluded 	from 	the 	unit 	by 	stipulation, 	it 	is 	important 	to
discuss 	their 	responsibilities 	in 	order 	to 	gain a more 	complete
understanding 	of 	the duties 	of 	employees 	in other 	unit
classifications. 	The 	physical 	plant mechanic 	supervisor
classification 	is 	designed 	to 	be 	the most 	responsible of 	five
classification levels 	in 	UC's 	physical 	plant mechanic
9 In 	its 	opening 	brief, 	the 	California State 	Employees
Association 	(CSEA) 	submitted a 	declaration 	by 	its 	counsel 	in
opposition to 	UC's 	proposed 	exclusions from 	this 	unit. 	The
declaration 	contains 	statements 	allegedly made 	by 	UC
representatives 	at 	an 	informal 	settlement 	conference concerning
UC 	Berkeley/Lawrence 	Berkeley 	Laboratory 	skilled 	crafts 	unit
exclusionary 	issues. 	Additionally, 	the declaration 	relates
facts 	concerning 	a February 	28, 	1983 	telephone 	call 	allegedly
made by CSEA counsel to 	a UC 	official. 	Finally, 	the
declaration 	refers 	to 	an exhibit 	submitted 	during 	a 1981
arbitration 	case 	between 	CSEA 	and 	UC 	which 	allegedly 	clarifies
the 	relationship of 	certain 	UC employees.
UC 	has 	moved 	to 	strike 	this 	declaration and 	those 	portions
of CSEA's 	brief 	relying 	upon or 	referring 	to 	the declaration.
The motion 	is 	granted. 	We note 	that 	the declaration was
untimely 	filed 	after 	the 	express 	deadlines 	set 	by 	the Board 	for
submission of 	evidence 	and 	argument 	in 	this 	proceeding.
Moreover, 	it 	is 	the policy of 	the Board 	to facilitate 	agreement
between 	parties 	whenever 	possible. 	This 	policy 	mandates 	that
the Board 	refuse 	to 	consider 	as 	evidence 	statements made 	in
connection with 	settlement conferences, 	so 	as 	not 	to 	create 	a
chilling 	effect 	on 	settlement 	discussions.
99

series.10 Physical 	plant mechanic 	supervisors 	coordinate 	and
supervise 	the 	work 	of 	large 	physical 	plant mechanic 	crews.
Their 	activities 	involve 	daily 	scheduling 	of 	work 	assignments,
training, 	ordering 	and 	inspecting material 	required 	for 	the
job, 	dispatching, 	establishing and 	adjusting 	work procedures 	to
meet 	schedules, 	analyzing 	and 	resolving 	work 	problems,
maintaining 	records, 	recommending 	personnel 	actions 	and
exercising 	responsibility 	for 	the 	quality of 	work 	produced 	by
those 	supervised. 	The 	record 	reveals 	that physical plant
mechanic 	supervisors 	either 	directly 	participate 	in 	or make
effective 	recommendations 	with 	regard 	to 	hiring 	and 	promotion
decisions. 	Further, 	physical plant mechanic supervisors 	are
responsible 	for 	the 	annual 	and 	probationary 	performance
evaluations 	of 	their 	subordinates. 	These 	evaluations play a
critical 	role 	in decisions 	regarding 	merit 	increases 	and/or 	in
the 	determination 	of 	whether 	probationary 	employees 	will 	be
retained 	or 	discharged. 	The 	conclusion, 	as 	stipulated 	by all
parties, 	is 	that physical plant mechanic 	supervisors possess
significant 	supervisory 	authority.
In 	contrast, 	the 	authority of 	assistant physical plant
mechanic supervisors 	is 	much 	more 	limited. 	They 	work under 	the
10The 	other 	four 	levels 	are 	assistant 	physical 	plant
mechanic supervisor, 	senior 	physical plant mechanic, 	lead
physical plant mechanic 	(8173) 	and 	physical plant mechanic
(8174).
10

general 	supervision of 	physical 	plant mechanic 	supervisors.
Their 	function 	is 	primarily 	to 	transmit 	orders 	and 	explain 	work
tasks 	to subordinates. 	The 	evidence 	indicates 	that 	assistant
physical 	plant mechanic 	supervisors 	do 	not 	exercise 	independent
judgment in supervisory matters. 	Hiring, 	promotion, 	transfer,
discipline 	and 	grievance decisions 	are 	made, 	or 	at least
substantially 	reviewed, 	by 	individuals 	at 	higher 	levels 	in 	the
physical plant hierarchy. 	Thus, 	we 	find 	assistant physical
plant mechanic 	supervisors 	possess 	no 	significant 	supervisory
authority and 	include 	the 	classification 	in 	the 	unit.
Senior 	Physical 	Plant Mechanic 	(Class 	Code 	8172)
Lower 	in 	the 	physical plant 	series 	hierarchy 	are 	senior
physical 	plant mechanics. 	Senior 	physical plant mechanics
frequently 	participate 	in 	the design of 	various 	campus
construction projects. 	Their main function 	is 	to 	help 	solve
maintenance, 	repair 	and 	installation problems 	around 	the 	campus.
There 	are 	two 	individuals 	in 	this 	classification 	at 	the
Berkeley campus whom UC 	seeks 	to 	exclude. 	P. 	J. 	Betterdorf 	and
John M. 	Jencks 	work 	under 	the direction of 	assistant 	physical
plant mechanic 	supervisors 	performing 	complex 	tasks 	which 	often
require 	the 	use 	of 	sophisticated 	equipment. 	The 	record 	reveals
that, 	for 	the most part, 	these 	two 	senior 	physical plant
mechanics 	do substantially 	similar 	work 	to 	that 	of 	their
subordinates. 	Moreover, 	the decisions of 	these 	employees 	are,
without exception, 	subject 	to 	the 	independent 	review of 	higher
11

level employees. 	There 	is 	no evidence 	that 	they possess 	final
or 	effective 	authority in personnel matters. 	Thus, 	we 	find
that 	the 	two disputed 	senior 	physical 	plant mechanics 	are 	not
supervisors 	and 	include 	them 	in 	the 	unit.
Assistant 	Chief 	Stationary 	Engineer 	(Class Code 	8252)
UC 	also 	seeks 	to 	exclude 	the 	classification of 	assistant
chief 	engineer 	at 	the Berkeley 	campus. 	The 	highest level of
the 	university's 	stationary engineer 	series 	is 	the 	chief
stationary 	engineer 	classification. 	As 	noted 	above, 	chief
stationary engineers 	are 	excluded 	by 	stipulation. 	Chief
stationary 	engineers 	are 	responsible 	for 	supervising 	the
operation, 	maintenance 	and 	repair 	of 	a high pressure 	steam
plant. 	That 	responsibility 	includes 	personnel 	actions 	such 	as
recruiting, 	hiring, 	scheduling, 	assigning and 	coordinating 	the
work of 	stationary 	engineers. 	Furthermore, 	chief 	stationary
engineers 	evaluate 	employee 	performance 	and 	supervise 	the
operation 	and maintenance 	of 	draft, 	boiler 	and 	water 	equipment.
The 	responsibilities 	of 	assistant 	chief 	stationary
engineers 	are 	not 	nearly 	so broad. 	Their 	participation 	in 	the
hiring 	process 	is 	limited 	to 	recommending 	to 	the 	chief
stationary 	engineer 	the 	person 	they 	would 	like 	hired 	into 	the
unit. 	The 	chief 	stationary engineer 	or 	his 	superior 	makes 	the
final 	decision on 	hiring.
Assistant 	chief 	stationary 	engineers 	perform 	various
general 	administrative 	functions. 	They 	gather 	data 	in
12

grievance matters, 	establish 	daily hours of work, 	approve
overtime, 	adjust 	staffing 	assignments 	and 	attend 	supervisory
training 	sessions. 	However, 	the 	record 	fails 	to establish 	that
these 	employees 	exercise 	independent 	authority 	in 	performing
these 	functions, 	or 	that 	such 	functions 	can 	be characterized 	as
anything 	more 	than 	routine 	and clerical. 	While 	assistant 	chief
stationary 	engineers 	undoubtedly possess 	a 	high 	level 	of
technical 	expertise 	and 	work 	with 	complex 	and 	difficult
equipment, 	we do not 	find 	that 	they 	possess 	the 	degree 	of
supervisory 	authority required 	for 	exclusion. 	The 	assistant
chief 	stationary 	engineer 	classification 	is 	therefore 	included
in the unit.
UNIT 	5 	- UC 	SAN FRANCISCO SKILLED CRAFTS
UC 	argues 	that 	the 	following 	job classifications placed 	in
the 	UC 	San 	Francisco 	skilled 	crafts 	unit 	are 	comprised 	entirely
of 	supervisory 	employees:
Classification 	Class 	Code
Physical 	Plant Mechanic 	Supervisor 	8170
Assistant 	Physical 	Plant 	Mechanic 	Supervisor 	8171
Elevator 	Mechanic 	Supervisor 	8187
Chief Medical 	Center 	Stationary Engineer 	8201
Assistant 	Chief Medical 	Center 	Stationary Engineer 	8202
No 	stipulations 	have 	been 	reached 	with 	regard 	to 	these
classifications.
13

Physical Plant Mechanic Supervisor 	(Class Code 	8170) 	and
Assistant 	Physical 	Plant Mechanic Supervisor 	(Class 	Code 	8171)
At 	UC San Francisco, 	there 	are 	eight 	physical plant
mechanic 	supervisors 	and 	two 	assistant physical 	plant mechanic
supervisors. 	The 	evidence 	submitted on 	these 	classifications
is 	virtually 	identical 	to 	the 	evidence submitted 	for 	the same
classifications 	at 	the Berkeley campus, 	discussed supra. 	The
record 	indicates 	that 	the 	responsibilities 	of 	the 	employees 	in
these 	classifications 	do 	not 	differ 	substantially 	from 	those 	of
their 	counterparts 	at 	the Berkeley 	campus.
As discussed 	above, 	the 	record 	for 	the 	Berkeley 	skilled
crafts 	unit 	indicates 	that physical 	plant mechanic 	supervisors
should 	be 	excluded 	from 	the 	unit 	because 	they 	possess
substantial 	supervisory authority. 	The same 	is 	true 	for
employees 	in 	this 	classification 	at 	the 	UC San Francisco
campus. 	Physical plant mechanic supervisors 	in 	the 	UC
San Francisco skilled 	crafts 	unit 	have 	substantial 	supervisory
authority in the areas of hiring, 	promotion, 	transfer, 	and
discipline. 	The exclusion of 	the 	classification 	from 	the 	unit
is 	therefore 	warranted.
The 	UC 	San 	Francisco 	assistant 	physical 	plant mechanic
supervisor 	classification also 	compares 	closely 	to 	the 	same
classification 	in 	the Berkeley 	unit. 	Incumbents 	in 	this
classification 	have 	a 	limited 	role 	in 	personnel 	decisions 	which
are 	made 	or 	substantially 	reviewed 	by 	individuals 	at 	higher
14

levels 	in 	the 	physical plant hierarchy. 	Thus, 	assistant
physical 	plant mechanic 	supervisors 	are 	found 	to 	lack 	a
sufficient 	degree 	of 	supervisory 	authority 	to justify 	their
exclusion. 	They are 	therefore 	included 	in 	the 	unit.
Elevator 	Mechanic 	Supervisor 	(Class Code 	8187)
UC 	also 	alleges 	that 	elevator 	mechanic 	supervisors 	should
be 	regarded 	as 	supervisors. 	This 	classification 	is 	the 	higher
of 	two 	classifications 	in 	the 	elevator 	mechanic series. 	There
is one 	incumbent 	at 	the 	DC San Francisco campus.
The duties 	of 	the 	employee 	at 	issue 	are 	to 	coordinate 	and
supervise 	the 	work of 	elevator 	mechanics 	in 	the 	repair 	and
maintenance of 	campus 	elevators. 	He 	also makes 	or 	modifies
daily 	work 	assignments 	of 	subordinates; 	insures 	that new 	and
existing 	staff 	receive proper 	training; 	reviews 	and 	evaluates
the work of 	subordinates; 	recommends 	or 	initiates 	personnel
actions 	such 	as 	promotions, 	transfers 	and 	disciplinary actions;
and maintains 	various 	work 	records. 	Absent 	evidence 	that 	the
elevator 	mechanic 	supervisor's 	decisions 	in 	the 	above matters
are subject 	to substantial 	review 	or 	alteration, 	we 	conclude
that 	this 	classification 	involves 	substantial 	supervisory
authority. 	Therefore, 	the elevator mechanic supervisor
classification 	is 	excluded 	from 	the 	unit.
Chief Medical Center 	Stationary Engineer 	(Class Code 	8201) 	and
Assistant Chief 	Stationary 	Engineer 	(Class 	Code 	8202)
Finally, 	UC contends 	that 	the single 	incumbent 	in 	the 	chief
medical 	center 	stationary engineer 	classification and 	the 	four
15

incumbents 	in 	the 	assistant 	chief 	medical 	center 	stationary
engineer 	classification should 	be 	excluded 	from 	the 	unit 	as
supervisory. 	The 	duties 	of 	employees 	in 	the 	UC San Francisco
stationary engineer 	series 	are 	similar 	to 	those 	of employees 	in
the 	stationary 	engineer 	series 	at 	the Berkeley campus.
The 	chief 	medical 	center 	stationary 	engineer 	classification
is 	the 	most 	responsible 	of 	four 	levels 	in 	the 	UC San Francisco
stationary 	engineer 	series.11 The 	record 	reflects 	that 	the
employee 	in 	this 	classification 	is 	responsible 	for 	supervising
the operation, 	maintenance and 	repair 	of 	a high pressure 	steam
plant. 	His 	duties involve 	recruiting, 	hiring, 	scheduling,
assigning 	and 	coordinating 	the 	work 	of 	medical 	center
stationary engineers, 	evaluating employees' 	performances, 	and
supervising 	the operation and 	maintenance of 	draft, 	boiler 	and
water 	equipment. 	Absent 	evidence 	that 	his 	supervisory
decisions 	are 	subject 	to 	higher 	level 	scrutiny, 	the 	chief
medical 	center 	stationary 	engineer 	classification 	is 	excluded
from 	the 	unit.
The 	supervisory authority of 	assistant 	chief 	medical 	center
stationary 	engineers 	is much 	more 	limited. 	The 	record 	reveals
that 	employees 	in 	this 	position act only as 	assistants, 	not 	as
decision-makers. 	Where 	these employees schedule, 	assign and
11The 	lower 	three 	classifications 	are 	assistant medical
center 	stationary 	engineer, 	medical 	center 	stationary 	engineer
and 	apprentice medical 	center 	stationary engineer.
16

coordinate 	work, 	the 	record 	reflects 	that 	the 	duties 	are merely
routine 	and 	clerical 	rather 	than 	personnel 	decisions 	requiring
the exercise of 	independent judgment. 	Since 	the 	evidence 	fails
to 	support 	the 	conclusion 	that 	these 	employees 	exercise 	true
supervisory 	authority, 	the 	assistant 	chief 	medical 	center
stationary engineer 	classification 	is 	included 	in 	the 	UC
San Francisco 	skilled 	crafts 	unit.
UNIT 6 	- 	UC LOS ANGELES 	SKILLED CRAFTS
UC 	claims 	that 	the 	following 	eight 	job classifications 	in
the 	UC 	Los 	Angeles 	skilled 	crafts 	unit 	are 	comprised 	partially
or 	entirely of 	supervisory employees:
Classification 	Class 	Code
Physical 	Plant 	Supervisor 	(B) 	8181
Physical 	Plant 	Supervisor 	(A) 	8182
Elevator 	Mechanic 	Supervisor 	8187
Senior 	Building 	Maintenance 	Supervisor 	8210
Building 	Maintenance 	Supervisor 	8211
Senior 	Building 	Maintenance 	Worker 	8212
Chief 	Operating 	Engineer 	8236
Assistant 	Chief 	Operating 	Engineer 	8237
After 	a 	review of 	the 	record submitted 	to 	the Board, 	the
parties 	stipulated 	to 	the 	exclusion of 	all 	incumbents 	in 	the
following 	classifications: 	physical 	plant
supervisor 	(B); 	physical 	plant 	supervisor 	(A);
elevator 	mechanic 	supervisor; 	senior 	building maintenance
17

supervisor; 	building maintenance supervisor 	and 	chief operating
engineer. 	These stipulations are approved by the Board based
upon 	the 	record 	in 	this 	proceeding.12
In light of 	the party's 	stipulations, exclusionary 	issues
remain in only two job classifications. 	These classifications
are 	senior building maintenance worker 	and assistant 	chief
operating 	engineer.
Senior Building Maintenance Worker 	(Class Code 8212)
In 	the 	senior 	building maintenance worker 	classification
containing 187 incumbents, UC urges the exclusion of only
employee David Pena as a supervisor. 	This classification 	is
part of 	the building maintenance worker 	series which consists
of four levels. 	Building maintenance worker 	(8213) 	is 	the
entry level, 	followed by senior 	building maintenance worker,
building maintenance supervisor 	and 	senior 	building maintenance
supervisor. 	The top two levels are excluded by stipulation as
discussed above.
The senior 	building maintenance worker 	level is designed 	for
employees who perform semi-skilled building maintenance tasks
on a daily basis. 	The record reflects that the duties of 	the
employee 	in dispute are substantially similar 	to those of his
subordinates. 	Furthermore, this employee has no power to
effectively 	recommend 	personnel decisions 	since 	the 	building
12See 	footnote 	8, supra, 	at p. 	8.
18

maintenance 	worker 	series 	hierarchy 	vests 	true 	supervisory
authority at 	the 	two higher 	levels. 	Thus, 	the disputed
employee 	does 	not 	exercise 	true 	supervisory 	authority.
David Pena 	is 	included 	in 	the 	unit.
Assistant 	Chief 	Operating Engineer 	(Class 	Code 	8237)
Finally, 	UC contends 	that 	four 	incumbents 	in 	the 	assistant
chief 	operating 	engineer 	classification 	should 	be 	excluded 	from
the 	unit 	as 	supervisory. 	This classification 	is part of 	the
operating 	engineers 	series. 	Operating 	engineers 	are
responsible 	for 	maintaining 	and 	repairing 	steam plants 	located
in 	university 	facilities. 	Chief operating 	engineer 	is 	the
highest classification 	in 	the operating engineer 	series. 	It 	is
excluded 	by 	stipulation 	as 	discussed 	above.
While 	the 	record 	is 	sparse 	with 	regard 	to 	assistant 	chief
operating engineers, 	it 	is 	clear 	that 	their 	decisions 	and
recommendations 	are 	subject 	to 	review 	and 	alteration 	by 	the
chief operating 	engineer 	and 	other 	superiors. 	Their
scheduling, 	assignment 	and 	coordination 	duties 	are merely
routine 	and 	clerical 	rather 	than 	personnel decisions 	requiring
the 	exercise 	of 	independent 	judgment. 	Absent 	evidence 	of 	true
supervisory 	authority, 	assistant 	chief 	operating 	engineers
Albert Cohen, 	Randall R. 	Cook, 	Frank Gullett 	and Robert Shivers
are 	included 	in 	the 	UC Los Angeles 	skilled crafts 	unit.
19

ORDER
(1) 	The 	following 	classifications 	are 	excluded 	from 	the 	UC
Berkeley/Lawrence 	Berkeley 	Skilled 	Crafts 	Unit 	according 	to 	the
stipulations 	of 	the 	parties 	and 	based 	upon 	the 	record 	in 	this
proceeding:
Classification 	Class 	Code
Physical 	Plant Mechanic 	Supervisor 	8170
Chief 	Stationary 	Engineer 	8251
(2) 	The 	classifications 	of Assistant 	Physical Plant
Mechanic Supervisor 	(8171) 	and 	Assistant 	Chief 	Stationary
Engineer 	(8252) 	are 	included 	in 	the 	UC Berkeley/Lawrence
Berkeley 	Skilled 	Crafts 	Unit 	for 	the 	reasons 	stated 	in 	the
foregoing 	Decision.
(3) 	Employees P. 	J. 	Bettendorff 	and 	John M. 	Jencks 	in 	the
classification of 	Senior 	Physical Plant Mechanic 	(8172) 	are
included 	in 	the 	UC 	Berkeley/Lawrence 	Berkeley 	Skilled 	Crafts
Unit 	for 	the 	reasons 	stated 	in 	the 	foregoing 	Decision.
(4) 	The 	following 	classifications 	are 	excluded 	from 	the 	UC
San Francisco Skilled Crafts 	Unit 	for 	the 	reasons 	stated 	in 	the
foregoing 	Decision:
Classification 	Class 	Code
Physical 	Plant Mechanic 	Supervisor 	8170
Elevator 	Mechanic Supervisor 	8187
Chief 	Medical 	Center 	Stationary 	Engineer 	8201
20

(5) 	The 	following 	classifications 	are 	included 	in 	the 	UC
San 	Francisco 	Skilled 	Crafts 	Unit 	for 	the 	reasons 	stated 	in 	the
foregoing 	Decision:
Classification 	Class 	Code
Assistant 	Physical 	Plant Mechanic 	Supervisor 	8171
Assistant 	Chief 	Medical Center 	Stationary 	Engineer 	8202
(6) 	The 	following 	classifications 	are 	excluded 	from 	the 	UC
Los 	Angeles 	Skilled 	Crafts 	Unit 	according 	to 	the 	stipulations
of 	the 	parties 	and 	based 	upon 	the 	record 	in 	this 	proceeding:
1
Classification 	Class 	Code
Physical 	Plant 	Supervisor 	(B) 	8181
Physical 	Plant 	Supervisor 	(A) 	8182
Elevator 	Mechanic 	Supervisor 	8187
Senior 	Building 	Maintenance 	Supervisor 	8210
Building 	Maintenance 	Supervisor 	8211
Chief 	Operating 	Engineer 	8236
(7) 	The 	following employees 	are 	included 	in 	the 	UC
Los 	Angeles 	Skilled 	Crafts 	Unit 	for 	the 	reasons 	stated 	in 	the
foregoing 	Decision:
Name 	Classification 	Class 	Code
Pena, David 	Senior 	Building 	Maintenance
Worker
8212
Cohen, Albert 	Assistant 	Chief 	Operating
Engineer
8237
21

Name 	Classification 	Class 	Code
Cook, 	Randall 	R. 	Assistant Chief 	Operating
Engineer
8237
Gullett, 	Frank 	Assistant 	Chief 	Operating
Engineer
8237
Shivers, 	Robert 	Assistant 	Chief 	Operating
Engineer
8237
(8) 	Any 	technical 	e r r o r s 	in 	this 	Order 	shall 	be 	presented
to 	the 	director 	of 	representation 	who 	s h a l l 	take 	appropriate
action 	thereon 	in 	accordance 	with 	t h i s 	decision.
By the BOARD
22