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

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 NOS. 	SF-RR-1002 et 	al •
PERB Decision No. 	242-H
September 	30, 	1982
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Appearances; 	Robert J. 	Bezemek 	and Stewart Weinberg, 	Attorneys
(VanBourg, Allen, Weinberg & Roger) 	for Alameda County Building
and Construction Trades 	Council, 	San Francisco 	Building 	and
Construction Trades 	Council, 	Printing Trades Alliance,
International Association of Machinists, 	District Lodge No. 	115,
International Union of 	Operating 	Engineers, 	Stationary Local
No. 	39; 	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; 	Lawrence Rosenzweig,
Attorney 	(Levy 	& Goldman) 	for 	International Union of Operating
Engineers, Local 501, AFL-CIO; 	Thomas E. 	Rankin, Attorney for
Laborers 	International Union, 	Local 1276; 	Jerrold C. 	Schaefer
and Judith Droz Keyes, 	Attorneys 	(Corbett, 	Kane 	& Berk) 	for 	the
Regents 	of 	the 	University of 	California.
Before Gluck, Chairperson; 	Tovar, Jaeger, Morgenstern and
Jensen, Members.
DECISION
The Higher 	Education Employer-Employee 	Relations Act
(HEERA),1 	a 	comprehensive 	collective 	bargaining
1The 	HEERA 	is 	codified 	at Government 	Code 	section 	3560 	et
seq. 	All 	statutory references 	are 	to 	the Government Code
unless 	otherwise 	indicated.
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act,2 which 	became effective 	July 	1, 	1979, 	gives 	the Public
Employment Relations Board 	(PERB) 	jurisdiction over 	the
University of California 	(UC) 	and 	its 	employees, 	including
authority 	to 	determine 	appropriate 	representational 	units 	for
the 	University's 	employees.3
Pursuant 	to 	section 	51100 of 	the 	PERB Rules 	and
Regulations,4 certain 	employee 	organizations 	filed 	with 	the
2 In 	addition 	to providing 	for 	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) 	states:
This 	chapter 	shall 	be 	administered 	by 	the
Public Employment 	Relations Board. 	In
administering 	this 	chapter 	the 	board 	shall
have 	all of 	the 	following 	rights, 	powers,
duties 	and 	responsibilities:
(a) 	To determine 	in disputed cases, 	or
otherwise approve, 	appropriate 	units.
4PERB 	Rules 	and 	Regulations 	for 	HEERA are 	codified 	at
California Administrative Code, 	title 	8, 	section 	50000 	et 	seq.
Section 	51100 	reads 	in part:
(a) 	Subject 	to 	the 	limitations 	expressed 	in
Section 51140(b), 	a petition for
certification 	pursuant 	to Government Code
section 	3575(c) 	by 	an 	employee 	organization
wishing 	to 	be 	certified 	by 	the Board 	as 	the
exclusive 	representative 	in 	an 	appropriate
unit 	shall 	be 	filed 	with 	the 	regional
office 	. . . .
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Board 	petitions 	describing 	proposed 	skilled 	craft 	units. 	The
Board 	is 	not 	limited 	by 	the 	parties' 	original or 	formally
amended petitions. 	In Joint Hearing Order 	(7/16/80); 	HEERA-UC
Unit Determination; 	Phase 	II, 	Professional Operations Hearing,
(9/29/80) 	PERB Order No. Ad-101-H, 	it held that,
Any 	party may 	alter 	its 	original 	position 	or
propose 	alternatives 	at 	any 	time 	without
formal 	amendment 	as 	long 	as 	its 	new 	position
or 	proposed 	alternative(s) 	does 	not expand
the 	existing 	scope 	of 	the 	hearing.
Ultimately, 	19 proposals 	for 	craft 	units 	were 	presented 	to
the Board. 	They 	include:
1. 	American Federation of State, County, 	and Municipal
Employees 	(AFSCME) 	— 	Universitywide 	craft 	unit
2. 	AFSCME 	— 	a 	residual 	unit 	of 	craft 	employees 	should
campus 	units 	be 	created 	by 	the Board.
3. 	The 	Alameda Construction 	and 	Building Trades 	Council
(Alameda) 	— 	building 	and 	construction 	craft 	employees
at UC, 	Berkeley, 	excluding stationary engineers.
4. 	Alameda 	in 	joint 	council 	with 	the Laborer's
International 	Union, 	Local 	1276 	(Alameda/Laborers) 	—
all 	building 	and 	construction 	craft 	employees 	at
Lawrence 	Livermore 	Laboratory.
5. 	Alameda 	in joint 	council 	with 	International
Association 	of 	Machinists 	(Alameda/IAM) 	—
building/construction 	craft 	employees 	at Lawrence
W
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Berkeley Laboratories, 	but 	excluding 	stationary
engineers.
6. 	Alameda 	in 	joint 	council 	with 	IAM — 	all 	building 	and
construction craft 	employees 	at UC, 	Berkeley and
Lawrence 	Berkeley 	Laboratory.
7. 	California 	State 	Employees Association 	(CSEA) 	—
Universitywide unit of crafts, 	excluding 	the Lawrence
Laboratories.
8. 	CSEA 	— 	Universitywide 	unit 	of 	craft 	employees.
9. 	International Union of Operating Engineers, 	Local 39
(Local 	39) 	— 	stationary engineers 	at 	UC, 	Berkeley.
10. 	Local 	39 	— 	stationary engineers 	at UC, 	San Francisco.
11. 	Local 	39 	—• stationary engineers at UC, 	Davis.
12. 	Local 	39 	— 	multi-campus 	units 	of 	stationary 	engineers
only.
13. 	International Unit of Operating Engineers, 	Local 	501
(Local 	501) 	— 	craft 	employees, 	less 	stationary
engineers, at UC, Los Angeles 	(UCLA).
14. 	Local 	501 	— 	stationary 	engineers 	at UCLA.
15. 	Local 	501 	— 	all 	building 	and 	construction 	craft
employees 	at UCLA.
16. 	San Francisco Building 	and Construction Trades 	Council
(SFTC) 	— 	building/construction 	craft 	employees, 	less
stationary engineers 	at UC, 	San Francisco.
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17. 	SFTC 	— 	building 	and 	construction 	craft 	employees 	at
UC, 	San Francisco.
18. 	Laborers 	International Union 	(Local 	1276) 	— 	craft 	and
maintenance 	employees 	at 	Lawrence 	Livermore 	Laboratory.
19. 	Independent 	Tool 	and 	Dye 	Crafts 	(ITD) 	— 	a 	unit of
mechanicians at UC, 	Berkeley.
The University's position during 	the 	hearings 	has 	been 	that
there 	are 	two 	appropriate 	units 	for 	skilled 	crafts 	employees:
(1) 	employees of 	the Lawrence Livermore Laboratory and 	(2) 	all
other 	skilled 	crafts 	employees.
DISCUSSION
Criteria 	for 	the 	determination 	of 	appropriate 	units 	are 	set
forth 	in 	section 	3579 of 	the Act which, 	in pertinent part,
provides:
(a) 	In each case where 	the 	appropriateness
of a unit is an. issue, 	in determining an
appropriate 	unit, 	the 	board 	shall 	take 	into
consideration 	all 	of 	the 	following 	criteria:
(1) 	The 	internal and occupational
community 	of 	interest 	among 	the
employees, 	including, but not limited
to, 	the extent 	to which 	they perform
functionally 	related 	services 	or 	work
toward 	established common 	goals, 	the
history of 	employee 	representation 	with
the 	employer, 	the 	extent to which 	such
employees 	belong 	to 	the 	same employee
organization, 	the extent 	to which 	the
employees 	have common skills, 	working
conditions, 	job duties, or similar
educational 	or 	training 	requirements,
and 	the 	extent 	to which 	the 	employees
have 	common 	supervision.
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(2) 	The 	effect 	that 	the 	projected 	unit
will 	have 	on 	the 	meet 	and 	confer
relationships, 	emphasizing 	the
availability 	and 	authority 	of 	employer
representatives 	to 	deal 	effectively
with 	employee 	organizations
representing 	the 	unit, 	and 	taking 	into
account 	such 	factors 	as 	work 	location,
the 	numerical 	size 	of 	the 	unit, 	the
relationship of 	the 	unit 	to
organizational 	patterns 	of 	the 	higher
education 	employer, 	and 	the 	effect 	on
the 	existing 	classification 	structure
or 	existing 	classification 	schematic 	of
dividing 	a 	single 	class 	or 	single
classification 	schematic 	among 	two 	or
more 	units.
(3) 	The 	effect 	of 	the proposed 	unit on
efficient 	operations 	of 	the 	employer
and 	the 	compatibility of 	the 	unit 	with
the responsibility of 	the 	higher
education 	employer 	and 	its 	employees 	to
serve 	students 	and 	the 	public.
(4) 	The 	number 	of 	employees 	and
classifications 	in a 	proposed 	unit, 	and
its 	effect 	on 	the 	operations 	of 	the
employer, 	on 	the objectives 	of
providing 	the 	employees 	the 	right 	to
effective 	representation, 	and on 	the
meet 	and 	confer 	relationship.
(5) 	The 	impact on 	the meet 	and 	confer
relationship 	created 	by 	fragmentation
of 	employee 	groups 	or 	any 	proliferation
of 	units 	among 	the 	employees 	of 	the
employer.
(b) 	There 	shall 	be 	a presumption 	that
professional 	employees 	and 	nonprofessional
employees 	shall 	not 	be 	included 	in 	the 	same
representation 	unit. 	However, 	the
presumption 	shall 	be 	rebuttable, 	depending
upon 	what 	the 	evidence 	pertinent 	to 	the
criteria 	set 	forth 	in 	subdivision 	(a)
establishes.
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(c) 	There 	shall 	be 	a 	presumption 	that 	all
employees 	within 	an 	occupational 	group or
groups 	shall 	be 	included 	within 	a 	single
representation unit. 	However, 	the
presumption 	shall 	be 	rebutted 	if 	there 	is 	a
preponderance 	of 	evidence 	that 	a 	single
representation 	unit 	is 	inconsistent 	with 	the
criteria 	set 	forth 	in 	subdivision 	(a) 	or 	the
purposes 	of 	this 	chapter.
(d) 	Notwithstanding 	the 	foregoing
provisions 	of 	this 	section, 	or 	any other
provision of 	law, 	an 	appropriate 	group of
skilled 	employees 	shall 	have 	the 	right 	to 	be
a 	single, 	separate 	unit 	of 	representation.
Skilled 	crafts 	employees 	shall 	include, 	but
not 	necessarily be 	limited 	to, 	employment
categories 	such 	as carpenters, 	plumbers,
electricians, painters, 	and operating
engineers. 	The 	single 	unit 	of
representation 	shall 	include 	not 	less 	than
all 	skilled 	crafts 	employees 	at 	a 	campus 	or
at 	a 	Lawrence 	Laboratory.
The 	Act 	does 	not 	provide 	a 	precise 	definition 	of 	the 	term
"skilled 	crafts 	employees," 	although 	subsection 	3579 	(d) 	sheds
light 	on 	the 	legislative 	intent 	through 	the 	list 	of 	occupations
to 	be 	included. 	Patently, 	the 	classifications 	are
representative 	of 	the 	traditional 	grouping 	of 	functionally
interrelated 	journeymen 	found 	in 	the 	construction 	and 	building
trades, 	and 	distinguishable 	from other 	occupational
classifications 	which 	may 	require 	specialized 	training 	and 	even
apprenticeships.
When subsection 	(a) 	is 	read 	together 	with 	subsection 	(d),
the 	legislative 	emphasis 	on 	functionally 	interrelated 	work
towards 	common goals, 	history of 	representation 	(which we
interpret 	to 	include 	historical 	unit patterns), 	common
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• 	• 	• 	• 	• 	• 	• 	• 	• 	• 	•

supervision 	and 	common skills, 	it 	becomes 	a virtual certainty
that 	the 	term 	"skilled crafts 	employees" 	was meant 	to refer 	to
these 	traditional occupations.
In considering 	craft 	severance 	petitions, 	the National
Labor 	Relations Board 	(NLRB) 	placed 	emphasis on whether 	the
unit would 	consist 	of 	a 	homogeneous 	group of 	skilled 	craftsmen
or 	of 	employees 	constituting 	a 	functionally distinct 	department
and 	the 	degree 	of 	integration of 	the 	employer's processes.5
The NLRB applied 	the 	same 	test 	to 	the 	initial 	formulation 	of
units 	in 	unorganized plants. 	The 	emphasis on 	functional
integration 	is 	further 	manifested 	by 	the 	board's 	approach 	to
departmental 	unit petitions. 	Montgomery Ward 	and Co. 	(1964)
150 NLRB 	598 	[58 LRRM 1110]; 	Lily-Tulip Cup Corporation 	(1969)
177 NLRB 	[371 LLRM 1378].
We, 	therefore, 	conclude 	that a unit of skilled craft
employees 	limited 	to 	those 	occupations 	traditionally 	identified
with 	the 	construction and 	building 	trades 	would 	be 	appropriate
within 	the 	meaning 	and 	direction of 	subsection 	3579 (d) 	provided
that 	not 	less 	than all of 	such 	employees 	are 	included 	in a
campus 	or 	laboratory 	unit.
5Mallinckrodt 	Chemical Works 	(1966) 	162 NLRB 387 	[64 LRRM
1011]. 	We 	follow 	the 	lead 	of 	the 	California Legislature 	in
placing 	emphasis 	on 	functional relationships and 	grouping 	of
classifications 	engaged 	in 	attaining 	common objectives.
88

The 	proposed 	units 	of 	all 	skilled craft employees, 	as
defined, 	at 	the 	individual 	campuses 	and laboratories 	are
therefore 	presumptively appropriate. 	Further, 	the proposed
units 	of 	skilled 	craft 	employees 	which 	would 	include
occupations 	other 	than 	those 	found 	in 	the 	construction 	and
building 	trades 	are 	also presumptively 	appropriate. 	Subsection
3579(d) 	does 	not preclude 	such 	units, 	since 	it only requires
that 	they 	include 	"not less 	than" 	all of 	the 	traditional
classifications.
It 	therefore 	remains 	for 	the 	Board 	to 	determine 	which 	of
the 	units 	shall be 	established. 	In doing 	so, 	we look 	to
section 	3579 	to determine 	which 	appear 	to 	be 	the 	units
preferred 	by 	the Legislature.
At 	the outset, 	however, 	we dismiss 	those petitions which
the 	section 	clearly 	rejects 	as 	inappropriate. 	These 	include:
1. 	Alameda 	— 	crafts, 	excluding 	stationary 	engineers 	at
Berkeley.
2. 	Alameda/IAM 	— 	crafts, 	excluding 	stationary 	engineers
at 	UC Berkeley 	and 	Lawrence 	Berkeley Laboratory.
3. 	Local 	39 	Operating 	Engineers 	— 	since 	they 	would
exclude 	all 	crafts 	but 	stationary engineers.
4. 	Local 	501 	Operating 	Engineers 	— 	craft 	employees
excluding 	stationary 	engineers 	at UCLA.
5. 	Local 	501 	Operating 	Engineers 	— 	stationary 	engineers
only 	at UCLA.
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6. 	SFTC 	— 	craft 	employees, 	excluding 	stationary
engineers at UC, 	San Francisco.
In addition, 	we 	note 	that 	the 	employees petitioned 	for 	by
the 	Independent Tool 	and 	Dye 	Craftsmen have 	been 	found 	to be
technical 	employees 	and 	included 	in a 	separate 	unit. 	See Unit
Determination 	for 	Technical 	Employees 	of 	the 	University of
California 	(9/30/82) 	PERB Decision No. 	241-H 	issued 	herewith.
Subsection 3579 (d) 	does more 	than create a presumption 	in
favor 	of 	skilled 	craft 	units. 	It 	specifically gives 	to
employees 	in 	such occupations 	the 	right 	to a single 	and
separate 	unit of 	representation. 	Consequently, 	an appropriate
unit of 	such 	employees 	as 	defined must 	be 	given preference 	over
proposed 	units 	which 	include other 	classifications. 	Therefore,
since 	the 	following 	petitions 	conflict 	with 	preferred 	units,
they will 	be declined:
1. 	Laborers, 	Local 	1276 	— 	craft 	and 	maintenance
employees 	at Lawrence 	Livermore 	Laboratory which
conflicts with 	a pure 	craft 	unit at 	the 	same
laboratory 	as 	requested 	by Alameda 	and 	the 	Laborers 	in
joint council;
2. 	CSEA 	— 	a 	systemwide 	unit 	of 	all 	craft 	employees,
including 	occupations 	other 	than 	those 	traditionally
associated 	with 	the 	building 	and 	construction 	trades;
3. 	CSEA 	— 	systemwide 	unit 	of 	such 	craft 	employees,
except 	for 	those 	at Lawrence 	Livermore 	Laboratory;
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4. 	AFSCME 	— 	a 	systemwide 	unit 	of 	all 	craft 	employees,
including 	occupations 	other 	than 	those 	traditionally
associated 	with 	the 	building 	and 	construction 	trades.
We also reject AFSCME's petition 	for 	a 	"residual" 	craft
unit. 	The 	statutory presumption 	of 	appropriateness 	of a 	unit
of 	skilled craft 	employees 	refers 	to campus 	and 	single
systemwide 	units. 	An undefined 	residual 	unit, 	on 	its 	face,
raises 	serious questions 	of 	appropriateness 	in 	light 	of 	the
criteria specified 	in 	section 	3547. 	AFSCME has provided 	the
Board with 	no evidence 	on which 	it can 	find 	a community of
interest 	based on 	functional 	interrelationship 	of 	occupations,
representational 	history, 	or 	common 	supervision 	(subparagraph
a ) ; 	the relationship of 	such units 	to the organizational
pattern 	of 	the 	University and 	the 	availability of 	employer
representatives 	for 	the purpose 	of 	bargaining 	(subparagraph 	b ) ;
or 	the 	effect 	of 	such 	a 	residual 	unit on operational 	efficiency
(subparagraph 	c ) . 	The proposed 	residual 	unit lacks 	the
structural 	form 	that 	is visible 	in 	the 	case of campus or
systemwide 	proposals. 	Absent 	evidence 	of 	the 	appropriateness
of 	such 	a residual 	unit, 	the Board declines 	to establish one.
In 	resolving 	the 	remaining 	proposals, 	we 	read 	the 	evidence
in 	light of 	the 	requirements of 	section 	3579. 	We have
previously 	held:
. 	. 	. 	that such unit determination criteria
cannot 	be 	reviewed 	in 	isolation 	from one
another; 	indeed, 	there is substantial
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interplay 	among 	the 	various 	criteria.
Therefore, 	all of 	the factors 	involved in a
given 	situation 	must 	be 	balanced 	against 	one
another. 	The 	result of 	any such 	balancing
process 	is 	that 	in a particular 	factual
setting 	some 	criteria 	are 	emphasized 	over
others 	while 	in a different 	setting 	the
weight 	given 	the 	same 	criteria may 	be
altered. 	Unit 	Determination 	for 	Employees
of 	the California State University 	and
College! 	(11/17/81) 	PERB Decision No. 	176-H
(hereafter CSU); 	Unit Determination for 	the
State 	of 	California 	(hereafter 	SEERA Unit
Determination 	(11/7/79) 	PERB Decision
No. 	110-S 	(hereafter 	SEERA Unit
Determination).
Lawrence 	Livermore National Laboratory 	(LLNL);
The 	skilled 	craft 	employees 	at 	this 	facility, 	like 	all
employees 	at 	the 	facility, 	have 	a special 	community of
interest. 	Indeed, 	nearly all 	the parties 	to the 	hearing 	agree
that 	this 	facility should have 	a 	separate 	unit 	of
representation.
The 	unique 	nature 	of 	the 	work carried 	on 	at 	the 	laboratory
distinguishes 	it 	from 	the 	rest 	of 	the University operations 	as
well 	as 	from 	the 	Lawrence 	Berkeley Laboratory. 	The 	primary
activity of 	the 	facility 	is 	nuclear 	weapons 	research 	for 	the
federal 	government. 	The 	extent 	to which 	radioactive 	and 	other
hazardous materials 	are 	used 	creates 	unique 	problems 	for 	the
employees. 	Security requirements 	pervade 	the 	entire 	work
environment; 	for example, 	as a condition of employment, 	all
laboratory 	employees 	must 	obtain 	security clearance.
The 	laboratory 	is 	almost 	exclusively 	funded 	with 	federal
revenues 	and 	operates 	under 	a contract 	with 	the United 	States
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Department of Energy 	(DOE). 	For 	this 	reason, 	the laboratory is
not 	primarily dependent 	upon 	the 	State Legislature 	for 	its
financial 	resources 	as 	is 	the 	case 	with 	the other 	University
operations. 	Cf., 	Peralta Community College 	District 	(11/17/78)
PERB Decision No. 7 7.
Personnel policy 	is 	governed 	by 	a 	contract 	between 	the
University and DOE. 	The University, 	for 	example, 	must obtain
DOE 	approval 	for 	significant 	personnel 	decisions 	including
affirmative action plans, 	salary 	increases, 	and changes 	in
classification 	specifications. 	The 	laboratory's 	classification
scheme 	is different 	from 	the 	rest of 	the University and, 	while
some 	classifications 	parallel 	those 	elsewhere, 	many are 	unique
to the laboratory. 	We conclude, 	therefore, 	that a unit of
craft 	employees 	as 	defined 	at 	the 	Lawrence 	Livermore National
Laboratory 	is 	an 	appropriate 	unit.
UC, 	Berkeley/Lawrence Berkeley Laboratory 	(B/LBL); 	UC,
San Francisco; 	UCLA
The 	Board 	finds 	a 	single 	unit of 	skilled craft 	employees 	at
UC, 	Berkeley and Lawrence Berkeley Laboratory 	to 	be
appropriate. 	It also finds 	such 	a unit appropriate 	at UC, 	San
Francisco 	and 	appropriate 	at UCLA.
The 	Berkeley 	facilities 	are 	geographically contiguous 	on
the main Berkeley campus. 	Frequently, 	Berkeley and 	LBL
employees work 	side by side. 	For 	example, 	Berkeley employees
13

make 	repairs on laboratory facilities. 	Further, 	there 	is 	some
degree 	of 	employee 	interchange 	between 	the 	two 	institutions.
While LBL 	is 	similar 	to LLNL 	in 	that 	it gets 	federal
funding 	and must 	seek DOE 	approval of personnel policy, 	these
factors 	alone 	do not mandate 	a 	separate 	unit 	for 	the
laboratory. 	LBL 	is distinguishable 	from LLNL 	in 	that 	salary
ranges 	at 	the 	latter 	are 	set by 	a 	local 	job market 	survey which
must be 	approved by the DOE, 	whereas LBL ranges 	are 	set by 	the
University 	and do 	not require 	federal 	approval. 	Moreover, 	LBL
is 	not 	involved 	in 	nuclear 	weapons 	research 	and 	its 	employees
are 	not 	required 	to have 	security clearance.
While generally 	the 	skilled 	craft 	employees 	on 	the 	several
campuses 	have 	similar 	skills 	and 	perform 	similar 	job duties,
the 	job 	functions 	and 	immediate 	job goals 	among 	the 	individual
campuses 	are 	not 	integrated. 	Employees on each campus work 	in
functional 	relationships 	with 	each 	other 	and 	have 	no contact
with 	those on other 	campuses. 	There 	are no 	joint campus
projects 	and 	virtually no 	inter-campus 	transfers 	of 	skilled
craft 	employees.
While 	the 	existence 	of 	centralized 	personnel 	policies 	is
generally of probative value, 	it 	is 	less 	persuasive here 	for
the 	skilled 	craft 	employees 	for 	the 	reasons 	already discussed.
Furthermore, 	despite 	the University's 	assertion 	that 	skilled
craft employees 	do perform 	the 	same duties 	at UCLA as 	in UC,
San Francisco and UC, 	Berkeley, 	the University has
14

established 	different 	job classifications 	such 	as 	the 	physical
plant 	craft workers 	series 	and 	physical plant mechanics 	series
in UC, 	San Francisco, UC, 	Berkeley and UCLA. 	These
classifications 	have 	different 	rates 	of 	compensation which
reflect 	local 	labor 	market 	conditions. 	Similar 	exceptions 	to
the 	general 	policies 	for 	skilled 	craft 	classifications 	have
been 	permitted 	at 	the Lawrence Laboratories. 	The Board 	also
assigns 	limited 	weight 	to 	the 	University's 	centralized
personnel policies 	because 	it finds 	that 	there 	is 	significant
individual campus 	autonomy 	in 	the 	day-to-day 	establishment,
implementation and 	administration 	of 	these 	policies 	as 	applied
to 	skilled 	craft 	employees.6 The 	staff 	personnel 	policy
delegates 	extensive 	authority 	to 	the 	chancellor 	at 	the 	local
campus with 	respect 	to recruitment, 	performance 	evaluations,
employee grievances, special appointments, leaves, et cetera.
Campus 	administrators 	have 	almost 	total 	responsibility 	in 	such
areas as directing 	the work 	force, 	scheduling 	employees, 	and
assigning 	overtime 	work.
Further, 	skilled craft 	employees 	at 	these 	campuses 	have
been 	represented 	almost 	exclusively at 	the 	local 	level. 	In 	the
Bay Area, 	the Alameda and 	San Francisco Trades 	Councils 	have
represented 	the UC, 	Berkeley and UC, 	San Francisco crafts 	in
conjunction with 	Local 	39 	of 	the 	Operating 	Engineers.
6 See Walgreen Co. 	v. 	NLRB 	(7th Cir. 	1977) 	564 F.2d. 	751
[96 LRRM 2952] .
15

Similarly, 	as 	previously mentioned, 	craft 	employees at UCLA
have 	had 	a 	history of 	employee 	representation 	largely
restricted 	to 	its 	own 	campus 	and 	have 	been 	represented 	by 	the
Los Angeles 	Building 	and 	Construction Trades Council, 	the
Teamsters, 	and 	the Operating Engineers Local 501.
CSEA 	asserts 	that 	it 	has 	represented 	the 	skilled crafts 	on
a 	systemwide 	basis. 	While 	the 	record 	provides 	ample 	support
for 	this claim, 	it 	fails 	to demonstrate 	that CSEA's
representation 	has 	been 	on 	the 	specialized 	campus 	basis 	that
has 	been 	characteristic.
We do 	not 	find 	that 	the 	remaining 	criteria of 	section 	3579
militate 	against 	the 	creation of campus 	units. 	The University
has met 	and 	conferred on a campus 	basis 	for 	some 	30 years. 	It
has 	not 	demonstrated 	that 	it 	is 	now 	incapable 	of 	continuing
such 	representational 	relationships. 	Its evidence 	of 	adverse
affect 	resulting 	from campuswide 	representation 	is 	not
persuasive 	and 	does 	not 	overcome 	the 	presumption 	that 	the
creation 	of campus 	units 	will provide 	the 	continuity 	in
employer-employee 	relations 	which would 	tend 	to promote
stability 	in 	the 	management 	of 	employer-employee 	relations.
Finally, 	in 	view of 	the 	legislative 	approval of 	campus
craft 	units,7 the 	Board 	cannot 	consider 	their 	establishment
7Such 	craft 	units 	are 	authorized 	"notwithstanding
subsections 	(a) 	and 	(b)" 	of section 3579, 	supra. 	The units
created 	here 	are 	distinguishable 	from 	the 	skilled 	craft 	units
16

as 	undue 	unit 	fragmentation 	or 	proliferation. 	The 	Board
concludes 	that 	a 	unit 	of 	skilled 	crafts 	employees 	at UCLA 	and 	a
unit of 	skilled 	crafts 	employees 	at UC, 	San Francisco 	are 	each
appropriate.
Disputed 	Classifications
The 	parties 	do 	not 	agree 	on 	the 	appropriateness 	of
including 	the 	following 	classifications 	in 	the 	skilled 	crafts
units:
(1) 	Physical Plant Laborers/Gardeners, 	UC San Francisco
(8096-8098)
Building Maintenance Workers, 	UCLA 	(8210-8213)
Facilities Grade V. 	Shop Helper 	and Combination
Control Custodian, 	LLNL 	(491.5)
Physical 	plant 	laborer/gardeners 	have 	been 	placed 	in 	a
Service Unit. 	See Unit Determination 	for 	Service Employees 	of
the University of California 	(9/30/82) 	PERB Decision No. 	245-H.
The 	building maintenance 	workers 	at 	UCLA 	are 	included 	in
the 	skilled 	craft 	employees 	unit. 	At least 	four 	workers 	are
skilled 	refrigeration 	repairmen. 	The 	remainder 	are 	principally
craft 	helpers 	and 	assistants 	who 	help set 	up, 	move 	tools 	and
petitioned 	for 	by 	the Operating 	Engineers 	in 	the Unit
Determination 	for Employees 	of 	the CSUC 	(HEERA)
(Nonprofessional) 	(11/17/82) 	PERB Decision No. 	176-H 	(hereafter
CSU). 	There, 	the 	unit 	consisted of only 13 employees 	at only
one 	campus. 	The 	petitioning organization presented 	no 	evidence
to 	demonstrate 	the 	existence 	of 	a 	community of 	interest
distinct 	from 	the 	other 	skilled 	crafts 	employees 	in 	the CSU
system. 	Nor 	did 	it 	provide 	us 	with 	information 	demonstrating
that 	the University's 	operational 	efficiency would 	not 	be
damaged 	by 	such 	fragmentation.
17

heavy equipment, 	do minor 	electrical 	and 	plumbing 	work 	and
clean 	up. 	Some maintenance 	workers 	do 	not 	directly assist
crafts 	workers, 	but virtually all 	employees 	in these
classifications 	are 	under 	the 	general 	supervision 	of 	the 	crafts
department 	and 	have 	some 	functional 	relationship 	to 	the 	skilled
operations. 	Moreover, 	in the past maintenance workers 	have
been 	selected 	to 	become 	craft 	apprentices.
The 	Facilities 	Grade V Shop Helper 	at LLNL 	assists 	crafts
employees. 	They 	gather materials for 	jobs, 	perform
semi-skilled 	shop operations 	and 	assist 	with 	cutting, 	breaking,
shaping 	and 	joining of materials. 	See Contract 	48, 	Appendix A,
University of 	California Laboratories 	Berkeley 	and 	Livermore
(hereafter Contract 	48). 	They 	are 	included 	in 	the LLNL 	unit.
The 	Combination Control 	Custodian 	assist 	the 	skilled 	crafts
locksmith 	in 	installing, 	repairing, 	and maintaining locking
systems. 	We 	include 	them 	in 	the LLNL 	unit.
(2) 	Facilities Grades I-XII, 	LLNL
These 	are 	general 	crafts, 	maintenance 	and 	service
classifications. 	Employees 	in 	grades 	I-IV, 	VI 	and VII 	include
occupations 	such 	as custodian, 	vehicle driver, 	field worker,
pest 	and weed 	controller, 	and fence 	erector, 	these 	are 	not
skilled 	crafts, 	do 	not 	functionally 	integrate 	with 	and 	are
therefore 	not 	included 	in 	the 	skilled 	crafts 	units 	at LLNL.
Facilities 	grade VIII, 	Cement Finisher, 	is 	included. 	These
employees 	are 	comparable 	to masons 	and 	bricklayers 	in 	the
private sector 	in that 	they lay out jobs, 	prepare, pour, 	and
18

finish 	cement; 	and 	lay 	bricks 	and 	concrete 	blocks. 	See
Contract 	48, 	supra. 	They 	are 	required 	to have 	four 	years 	of
experience 	in 	the 	trade 	to 	qualify 	for 	employment, 	a length 	of
time 	comparable 	to 	apprenticeship 	training 	for 	masons.
With 	the 	exception 	of 	vehicle 	mechanic, 	lead 	truck 	driver
and 	truck 	driver, 	the 	Board 	includes 	all 	positions 	within
Facilities Grades 	IX-XII. 	These 	include 	such 	traditional
trades 	as 	carpenters, 	welders, 	heavy equipment operators 	and
electricians.
(3) 	Machinists, 	LLNL 	(910.0-910.4)
Assembly Machinists, 	LLNL 	(911.1-911.3)
Machine Repairers, 	LLNL 	(912.1-912.3)
Mechanical 	Inspectors, 	LLNL 	(921.1-921.3)
Metal 	Fabricators, 	LLNL 	(922.1-922.9)
Technician Metal 	Plater 	LLNL 	(728)
Machinists, 	LBL 	(785.0-787.3)
These 	classifications 	have 	been 	determined 	to 	be
appropriate 	for 	placement 	in 	a 	technical 	unit. 	See Unit
Determinations 	for Technical Employees, 	supra.
(4) 	Maintenance 	B, 	Maintenance 	A, 	UC
Berkeley 	(8164-8167)
Employees 	within 	these 	classifications 	are 	not 	skilled
crafts 	workers. 	They do 	not 	interrelate 	with 	the 	other 	skilled
crafts 	at UC, 	Berkeley. 	They operate 	out of 	different
departments, 	under 	different 	supervision. 	Further, 	they do not
have 	the 	experience, 	training 	or 	specialization 	of 	the 	skilled
crafts 	employees. 	For 	the 	most 	part 	they 	perform general
maintenance, 	which 	entails 	some 	carpentry 	and 	minor 	electrical
and 	plumbing 	work. 	Because 	of 	their 	different 	training 	and
19

experience, 	the maintenance 	workers cannot 	readily 	transfer 	to
the 	skilled physical plant mechanics 	series. 	They are,
therefore, 	excluded 	from 	the 	skilled 	crafts 	units.
(5) 	Automotive Mechanic 	(8472-8474)
Farm Machinery Mechanic 	(8523-8525)
It 	is 	inappropriate 	to 	include 	these 	classifications 	in 	the
campus 	skilled 	crafts 	unit 	at UC, 	Berkeley. 	They do not 	share
a 	community of 	interest 	with 	the 	other 	classifications 	of 	the
units. 	Automotive 	and Farm Mechanics do not participate 	in
functionally 	related 	services 	or 	work 	toward 	established 	common
goals 	with 	the 	building 	trades. 	Furthermore, 	they do not 	share
similar working conditions, 	common supervision, 	or 	a history of
union 	representation.
ORDER
Based on 	the 	entire 	record 	in 	this case, 	the 	Public
Employment 	Relations 	Board 	hereby ORDERS 	that:
1. 	A 	unit 	of 	skilled 	craft 	employees 	as 	listed 	in 	the
Appendix 	attached 	hereto 	at 	the 	University of 	California,
San 	Francisco 	is 	an 	appropriate 	unit 	of 	representation;
2. 	A unit of 	skilled craft 	employees 	at 	the University of
California, 	Berkeley 	and 	the 	Lawrence 	Berkeley Laboratory 	as
listed 	in 	the 	appendix 	attached 	hereto 	is 	an appropriate 	unit
of 	representation;
3. 	A 	unit 	of 	skilled 	craft 	employees 	at 	the 	University of
California 	at 	Los Angeles 	as 	listed 	in 	the Appendix 	attached
hereto 	is 	an 	appropriate 	unit 	of 	representation;
20

4. 	A unit of 	skilled 	craft employees 	as 	listed 	in 	the
Appendix 	attached 	hereto 	at Lawrence Livermore National
Laboratory 	is 	an 	appropriate 	unit 	of 	representation.
5. 	Each of 	the 	units 	found 	appropriate 	shall exclude
managerial, 	supervisory and 	confidential 	employees 	of 	the
University.
6. 	Any 	technical 	errors 	in 	the ORDER shall 	be 	presented 	to
the Director 	of 	Representation 	who 	shall 	take 	appropriate
action 	thereon 	in 	accordance 	with 	this 	Decision.
The 	Board 	hereby ORDERS 	a 	representation 	election 	in 	each
of 	these 	units 	and 	the 	General Counsel 	is 	hereby 	directed 	to
proceed 	in 	accordance 	with California Administrative Code,
title 8, 	part 	3, 	division 4.
By 	the 	BOARD
21
.

APPENDIX
SKILLED 	CRAFTS 	UNIT 	— 	LLNL
Title Code 	Classification
491.5 	Facilities 	Grade V 	- 	Shop Helper
Facilities 	Grade V 	- 	Combination Control
Custodian
491.8 	Facilities 	Grade VIII 	- 	Cement 	Finisher
491.9 	Facilities 	Grade 	IX - Carpenter
Facilities 	Grade 	IX 	- Facilities 	Heavy
Equipment 	Operator
Facilities 	Grade 	IX 	-	- 	Painter
Facilities Grade 	IX 	-- 	Rigger
Facilities 	Grade 	IX 	-- 	Shop 	Electrician
Facilities Grade 	IX -- 	Welder
492.0 	Facilities 	Grade 	X 	- Carpenter 	Shop
Fabricator
Facilities 	Grade 	X 	- Field Electrician
Facilities Grade X 	- Heavy Equipment Mechanic
Facilities 	Grade 	X 	- Locksmith
Facilities Grade 	X - Instrument 	Repair
Mechanic
Facilities 	Grade 	X 	- Plumber/Fitter
Facilities 	Grade X 	- Refrigeration Mechanic 	I
Facilities 	Grade 	X 	- Sheet Metal Worker
Facilities 	Grade X 	- Specialty 	Painter
Facilities 	Grade 	X 	- Utility 	Operator
492.1 	Facilities Grade 	XI 	- 	Industrial 	Controls
Mechanic
Facilities 	Grade 	XI 	- Weldment Mechanic
492.2 	Facilities Grade 	XII 	Alarms Mechanic
Facilities 	Grade 	XII 	Refrigeration
Mechanic 	II
Facilities 	Grade 	XII 	Cable 	Splicer
Facilities Grade 	XII 	High Voltage Mechanic
494.0 	Training Grade 	X 	- 	Utility Operator
Apprentice
494.1 	Training Grade 	X - 	Utility Operator
Apprentice 	(Classroom 	Instruction)
494.2 	Training Grade 	XII 	- 	Refrigeration Mechanic
Apprentice
Training Grade 	XII 	- 	Industrial Maintenance
Electrician 	Apprentice
1l

Title 	Code 	Classification
494.3 	Training Grade 	XII 	- 	Refrigeration Mechanic
Apprentice 	(Classroom 	Instruction)
Training Grade 	XII 	- 	Industrial Maintenance
Electrician 	Apprentice
494.4 	Training 	Grade 	XII 	- 	Refrigeration Mechanic
Apprentice
Training Grade 	XII 	- 	Industrial Maintenance
Electrician 	Apprentice
494.5 	Training Grade 	XII 	- 	Refrigeration Mechanic
Apprentice
Training Grade 	XII 	- 	Industrial Maintenance
Electrician 	Apprenticeship 	(Classroom
Instruction)
N2

SKILLED CRAFTS UNIT, U.C. 	SAN FRANCISCO
Title Code 	Classification
8095 	Physical 	Plant 	Laborer 	Gardener 	Supervisor
8170 	Physical 	Plant Mechanic 	Supervisor
8171 	Assistant 	Physical 	Plant Mechanic 	Supervisor
8172 	Senior 	Physical 	Plant 	Mechanic
8173 	Lead 	Physical 	Plant Mechanic
8174 	Physical 	Plant Mechanic
8175 	Physical Plant 	Specialist
8187 	Elevator 	Mechanic 	Supervisor
8188 	Elevator Mechanic
8189 	Elevator 	Construction Mechanic
8201 	Chief Medical Center 	Stationary Engineer
8202 	Assistant 	Chief 	Medical 	Center 	Stationary
Engineer
Senior 	Medical 	Center 	Stationary 	Engineer
8203 	Medical 	Center 	Stationary Engineer
Medical 	Center 	Apprentice 	Stationary 	Engineer
8204 	Medical Center 	Incinerator 	Operators/Fire
Extinguisher 	Repair
8581 	Supervisor 	Maintenance Machinist
8583 	Maintenance 	Mechanist
SKILLED CRAFTS UNIT, 	U.C. 	BERKELEY/LAWRENCE BERKELEY LABORATORY
Title Code 	Classification
8170 	Physical Plant Mechanic 	Supervisor
8171 	Assistant 	Physical 	Plant Mechanic 	Supervisor
8172 	Senior 	Physical 	Plant Mechanic
8173 	Lead 	Physical 	Plant Mechanic
8174 	Physical Plant Mechanic
8251 	Chief 	Stationary 	Engineer
8252 	Assistant 	Chief 	Stationary 	Engineer
Senior 	Stationary 	Engineer
8253 	Stationary 	Engineer
8254 	Apprentice 	Stationary 	Engineer
791.0 	Planner-Estimator
791.1 	Plant Assistant 	I
791.2 	Plant Assistant 	II
33

Title Code 	Classification	Classification
8181 	Physical 	Plant	Physical 	Plant 	Supervisor 	(B)
8182 	Physical 	Plant	Physical 	Plant 	Supervisor 	(A)
8183 	Lead 	Physical 	Plant	Lead 	Physical 	Plant 	(B)
8184 	Lea	Lead	d 	Physica	Physical	l 	Plan	Plant	t 	(A)
8185 	Physical 	Plant	Physical 	Plant 	(B)
8186 	Physical 	Plant	t 	(A)	Physical 	Plan
8187 	Elevator 	Mechanic 	Supervisor
8188 	Elevator 	Mechanic
8210 	Senior 	Building Maintenance Supervisor, 	UCLA
8211 	Building Maintenance Supervisor, 	UCLA
8212 	Senior 	Building Maintenance Worker, 	UCLA
8213 	Building Maintenance Worker, 	UCLA
8235 	Lead 	Steam Operating 	Engineer
8236 	Chief 	Operating 	Engineer
8237 	Assistant 	Chief 	Operating 	Engineer
8238 	Service 	Engineer
8239 	Steam 	Operating 	Engineer
8240 	Apprentice 	Steam Operating 	Engineer
SKILLED CRAFTS UNIT, 	U.C. 	BERKELEY/LAWRENCE BERKELEY LABORATORY
(Cont.)
Title Code
791.3 	Plant Mechanic 	I
791.4 	Plant Mechanic 	II
791.5 	Lead 	Mechanic
791.6 	Plant Mechanic, 	Apprentice
788.1 	Mechanical Shops Fabricator Assistant 	I
788.2 	Mechanical 	Shops 	Fabricator 	Assistant 	II
788.3 	Mechanical Shops 	Fabricator
788.4 	Mechanical Shops Fabricator, 	Specialist
788.5 	Mechanical Shops Fabricator, 	Apprentice
(Classroom 	Instruction)
788.6 	Mechanical Shops Fabricator, 	Apprentice
Classification
SKILLED CRAFTS UNIT, 	UCLA
A	
4