Regents of the University of California Professional Scientists and Engineers (Lawrence Livermore National Laboratory) (PERB 0246HA)

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7 PERC { 14062
HEERA UNIT DETERMINATION - TECHNICAL EMPLOYEES ET AL.

California Public Employment Relations Board

In the Matter of Unit Determination for Technical Employees; Clerical Employees;
Service Employees; Professional Scientists and Engineers, Lawrence Livermore
National Laboratory; Professional Librarians; and Professional Patient Care
Employees of the University of California; Pursuant to Chapter 744 of the Statutes
of 1978 (Higher Education Employer-Employee Relations Act).

Docket Nos. SF-RR-1002 et al., SF-PC-1001 et al.

Order Nos. 241a-H, 244a-H, 245a-H, 246a-H, 247a-H, 248a-H
February 4, 1983

HEERA Unit Determination (Technical Employees et al.)
Before Tovar, Jaeger, Morgenstern and Burt, Members

Certification Procedures -- Appropriate Unit -- Sufficiency Of Showing Of Interest -
- -- 32.23 Where bargaining unit deemed appropriate by PERB differs in composition from
proposed unit, PERB will require that at least one rival union submit 30 percent showing of
interest in each appropriate unit prior to conducting election in such unit.

APPEARANCES:

Judith Droz Keyes and Jerrold C. Schaefer, Attorneys (Corbett, Kane, Berk &
Barton) and James N. Odle, Associate Counsel for the Regents of the University
of California; Marco Li Mandri for California Education Labor Organization.

DECISION

Following the issuance of PERB Decision Nos. 241-H and 244-H through 248-H on September
30, 1982, the Public Employment Relations Board (Board) received requests for reconsideration
of those decisions from the University of California (University) and from the California
Education Labor Organization (CELO), and a petition to join in request for judicial review from
the University.

PERB rule 32410(a)1 pertains to reconsideration of Board decisions and states:

(a) Any party to a decision of the Board itself may, because of extraordinary
circumstances, file a request to reconsider the decision within 30 days following
the date of service of the decision. An original and 5 copies of the request for
reconsideration shall be filed with the Board itself in the headquarters office 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. The grounds for requesting
reconsideration are limited to claims that the decision of the Board itself contains
prejudicial errors of fact, or newly discovered evidence or law which was not
previously available and could not have been discovered with the exercise of
reasonable diligence.

Government Code subsection 3564(a) pertains to judicial review and states:
No employer or employee organization shall have the right to judicial review of a
unit determination except: (1) when the board in response to a petition from an
employer or employee organization, agrees that the case is one of special
importance and joins in the request for such review; or (2) when the issue is
raised as a defense to an unfair practice complaint. A board order directing an
election shall not be stayed pending judicial review.
Upon receipt of a board order joining in the request for judicial review, a party to
the case may petition for a writ of extraordinary relief from the unit
determination decision or order.
The Board has considered all submitted requests for reconsideration and the petition for judicial
review. The University addresses two issues: one, technical errors in unit placement; and two,
whether the Higher Education Employer-Employee Relations Act (HEERA)2 requires a 30
percent showing of support by at least one employee organization before an election in an
appropriate unit may be held. CELO asks for reconsideration of the Board's designation of
systemwide units.
I. University of California: Requests for Reconsideration and Petition to Join in Request for
Judicial Review
A. Technical Errors
The University has brought to the attention of the Board certain technical errors. These errors
include the omission from seven of the eight unit determination decisions of an order concerning
casual employees of the University. The Orders in PERB decision Nos. 241-H and 244-H through
248-H are hereby amended to read:
Each of the units found appropriate shall exclude managerial, supervisory, and
confidential of the University. The status of casual employees shall be
determined during the exclusionary phase of these proceedings.
In accordance with the Orders in the above-referenced decisions, the remaining technical errors
shall be corrected by the director of representation.
B. Proof of Support
The University also requests the Board to reconsider or join in requesting judicial review
regarding whether HEERA requires a 30 percent showing of support by at least one employee
organization before an election in an appropriate unit may be held. The request for
reconsideration is granted. The Board finds that a 30 percent showing of support is required by
HEERA before a directed election may be held. See the discussion in Unit Determination for
Skilled Crafts Employees of the University of California (Reconsideration) (2/4/83) PERB
Decision No. 242a-H. Accordingly, the Orders in PERB Decision Nos. 241-H (par. 4), 245-H
(par. 5), and 248-H (par. 5) are hereby amended to read:
The Board hereby ORDERS a representation election in each of these units in
which an employee organization has demonstrated or demonstrates at least 30
percent showing of support not later than March 15, 1983. The director of
representation may seek an extension of this deadline in one or more units from
the Board for sufficient cause.
The Orders in PERB Decision Nos. 244-H (par. 4), 246-H (par. 4), and 247-H (par. 4) are hereby
amended to read:
The Board hereby ORDERS a representation election in this unit, provided that
an employee organization has demonstrated or demonstrates at least 30 percent
showing of support not later than March 15, 1983. The director of representation

______
may seek an extension of this deadline from the Board for sufficient cause.
II. California Education Labor Organization: Request for Reconsideration
CELO requests the Board to reconsider the creation of systemwide units. However, CELO is not
a party to this unit determination process. PERB rule 32410 states that requests for
reconsideration may be raised by "Any party to a decision . . . ." (Emphasis added.) Failure to
conform to this limitation could lead to inefficiency and potential misuse of the Board's
administrative processes. For these reasons CELO's request for reconsideration is denied.
ORDER
In accordance with the foregoing and in consideration of the entire record in this case, the Public
Employment Relations Board hereby ORDERS that:
1. The Orders in PERB Decision Nos. 241-H (par. (3)), 244-H (par. 2), 245-H (par. 3), 246-H
(par. 3), 247-H (par. 3), and 248-H (par. 3) are amended to read:
Each of the units found appropriate shall exclude managerial, supervisory, and
confidential employees of the Regents of the University of California. The status
of casual employees shall be determined during the exclusionary phase of these
proceedings.
2. The remaining technical errors brought to the Board's attention shall be corrected by the
director of representation, in accordance with the Orders in PERB Decision Nos. 241-H and 244-
H through 248-H.
3. The Orders in PERB Decision Nos. 241-H (par. 4), 245-H (par. 5), and 248-H (par. 5) are
amended to read:
The Board hereby ORDERS a representation election in each of these units in
which an employee organization has demonstrated or demonstrates at least 30
percent showing of support not later than March 15, 1983. The director of
representation may seek an extension of this deadline in one or more units from
the Board for sufficient cause.
4. The Orders in PERB Decision Nos. 244-H (par. 4), 246-H (par. 4), and 247-H (par. 4) are
amended to read:
The Board hereby ORDERS a representation election in this unit, provided that
an employee organization has demonstrated or demonstrates at least 30 percent
showing of support not later than March 15, 1983. The director of representation
may seek an extension of this deadline from the Board for sufficient cause.
5. The request for reconsideration filed by the California Education Labor Organization is
DENIED because the organization is not a party to this proceeding.
*Chairperson Gluck did not participate in this Decision.
1 PERB rules are codified at California Administrative Code, title 8, section 31001 et
seq.
2 Government Code section 3560 et seq.