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

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-H et 	al.
Request 	for 	Reconsideration
PERB Decision No. 	242b-H
PERB Decision No. 	242c-H
August 19, 	1983
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Appearances: 	Jerrold C. 	Schaefer, Attorney 	(Corbett, 	Kane, 	Berk &
Barton) 	and James N. 	Odle, 	Associate Counsel for 	the Regents of 	the
University 	of 	California.
Before: 	Tovar, Jaeger, Morgenstern and Burt, Members.*
DECISION
On March 	31, 	1983, 	the Public Employment Relations Board
(PERB or 	Board) 	issued 	a 	decision1 under 	the Higher Education
Employer-Employee 	Relations Act 	(HEERA)2 determining 	the
supervisory 	exclusions 	from 	the 	skilled 	crafts 	employees 	unit
at 	the University of California 	(UC). 	These 	three 	units are
*Chairperson Gluck 	did 	not 	participate 	in 	this 	Decision.
1In 	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) 	(3/31/83) 	PERB Decision
No. 242b-H.
2 The 	HEERA 	is 	codified 	at Government 	Code 	section 	3560
et 	seq.
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located 	respectively 	at 	the 	UC Berkeley/Lawrence 	Berkeley
Laboratory, 	the UC San Francisco campus, 	and 	the UC Los Angeles
campus.
UC 	filed 	a 	request 	for 	reconsideration of certain of 	the
exclusionary decisions. 	Specifically, 	UC 	requested 	that 	the
Board 	reconsider 	the 	inclusion 	of 	assistant 	physical 	plant
mechanic 	supervisors 	and 	assistant 	chief 	stationary 	engineers
in 	the 	UC Berkeley/Lawrence 	Berkeley Laboratory 	skilled 	crafts
unit, 	the 	inclusion of 	assistant physical plant mechanic
supervisors 	and 	assistant 	chief medical 	center 	stationary
engineers 	in 	the UC San Francisco 	skilled 	crafts 	unit, 	and 	the
inclusion 	of 	assistant 	chief operating 	engineers 	in 	the UC Los
Angeles 	skilled 	crafts 	unit. 	No 	employee 	organization 	filed 	a
response.
With 	regard 	to 	all 	of 	the 	contested 	classifications, 	UC
argues 	that 	the Board's 	decision mischaracterized 	and 	ignored
UC's 	uncontested 	evidence. 	Except 	for 	the 	assistant 	chief
operating 	engineer 	(Title Code 	8237), 	the Board did not err 	in
its 	interpretation of 	the 	facts 	for 	any of 	these
classifications. 	Therefore, 	with this one exception, 	there are
no 	extraordinary 	circumstances 	which 	merit 	reconsideration
pursuant 	to PERB 	rule 	32410.3
3PERB 	rule 	32410 	pertains 	to 	reconsideration of Board
decisions 	and provides:
(a) 	Any party 	to a decision of 	the Board
itself may, 	because of extraordinary
N	2

With 	regard 	to 	the 	classification of 	assistant 	chief
operating 	engineer, 	the Board 	now concludes 	that 	such 	employees
should 	be excluded 	as 	supervisory. 	In 	this 	instance,
prejudicial 	errors 	of 	fact 	have 	occurred 	stemming 	from 	the
extraordinary 	complexity 	and 	sheer 	volume 	of 	evidence 	presented
in 	the 	exclusionary proceedings.
circumstances, 	file a request 	to reconsider
the 	decision within 	20 	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.
(b) 	Any party shall have 	20 days 	from
service 	to 	file 	a 	response 	to 	the 	request
for 	reconsideration. 	An original 	and 	5
copies 	of 	the 	response 	shall 	be 	filed with
the Board 	itself 	in 	the 	headquarters
office. 	Service 	and proof of 	service of 	the
response 	pursuant 	to Section 	32140 	are
required.
(c) 	The 	filing of 	a 	request 	for
reconsideration 	shall 	not operate 	to 	stay
the 	effectiveness 	of 	a decision of 	the Board
itself 	unless 	otherwise 	ordered 	by 	the Board
itself.
PERB 	rules 	are 	codified 	at California Administrative Code,
title 	8, 	section 	31001 	et 	seq.
W	
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In 	the 	request 	for 	reconsideration, 	UC argues 	that the
declarations 	submitted 	regarding 	assistant 	chief 	operating
engineers 	support 	their 	exclusion 	from 	the 	unit 	as
supervisory.4 The 	declarations 	indicate 	that 	the 	incumbents
in the classification possess 	the 	authority to select, 	from a
pool of 	applicants, 	the 	individual who will be hired. 	There 	is
no 	evidence 	that 	this 	responsibility 	is 	subject 	to higher 	level
control. 	Additionally, 	these 	employees 	are responsible 	for 	the
annual 	and/or 	probationary 	performance 	evaluations 	of 	their
subordinates 	and 	deliver 	the 	evaluations 	to 	subordinates
without 	prior 	approval. 	With 	respect 	to probationary
employees, 	the performance 	evaluations 	are critical 	to a
determination 	whether 	employees 	will 	either 	be 	retained 	or
discharged 	from employment. 	The 	record 	does 	not 	indicate 	that
other 	personnel 	decisions 	concerning 	subordinates 	are 	subject
to 	review by 	superiors. 	Absent 	rebutting counter-declarations,
UC 	has 	established 	that 	the 	classification of 	assistant 	chief
operating 	engineer 	should 	be 	excluded 	from 	the 	Los Angeles
skilled 	crafts 	unit 	as 	supervisory.
4The 	procedure 	regarding 	declaration 	evidence 	was
previously 	described 	in 	the Board's 	decision, 	In the Matter
of; 	Unit 	Determination 	for Professional Scientists 	and
Engineers, 	Lawrence Livermore National Laboratory, 	of the
University of 	California 	Pursuant 	to Chapter 	744 	of 	the
Statutes 	of 	1978 	(Higher 	Education Employer-Employee 	Relations
Act) 	(3/8/83) 	PERB Decision No. 	246b-H.
A	
4

ORDER
Upon 	the 	foregoing Decision 	and 	the 	entire 	record 	in 	this
case, 	the Public Employment Relations Board ORDERS 	that 	the
request 	for 	reconsideration 	of 	the 	inclusion of 	various
classifications 	in 	the 	University 	of 	California 	skilled 	crafts
units, 	filed by the University of California, 	is DENIED, 	except
that 	the 	entire 	classification of Assistant Chief 	Operating
Engineer 	(Title Code 	8237) 	shall be 	excluded 	from the
Los Angeles 	skilled 	crafts 	unit 	as 	supervisory.
BY 	THE 	BOARD
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