Regents of the University of California Clerical (PERB 0244H)

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)
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) 	Case Nos. 	SF-RR-1002 	et al
PERB 	Decision No. 244-H
September 30 , 	1982
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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.
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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.
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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.
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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:
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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
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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
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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)
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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
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