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

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STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD

IN THE MATTER OF: )

UNIT DETERMINATION FOR SKILLED ) Case Nos.

CRAFTS EMPLOYEES OF THE ) SF-RR-1002-H et al.
UNIVERSITY OF CALIFORNIA )

PURSUANT TO CHAPTER 744 OF ) Request for Reconsideration

THE STATUTES OF 1978 (HIGHER PERB Decision No. 242c-H
EDUCATION EMPLOYER-EMPLOYEE

)
)
RELATIONS ACT) ) PERB Decision No. 242d-H
)
-)

August 15, 1984

Appearances: Lawrence Rozenweig, Attorney (Levy & Goldman) for
International Union of Operating Engineers, Local 501;

Susan C. Barton and Jerrold C. Schaefer, Attorneys (Corbett,
Kane, Berk & Barton) and James N. Odle, Attorney for the
Regents of the University of California.

Before Hesse, Chairperson; Tovar, Jaeger, Morgenstern and Burt,
Members.

DECISION

International Union of Operating Engineers, Local 501
(Local 501) requests that the Public Employment Relations Board
(PERB or Board) reconsider its determination, reached in PERB
Decision No. 242c-H, that the job classification of assistant
chief operating engineer should be excluded from Unit 6, the
representational unit of skilled crafts employees at the
University of California's Los Angeles campus. After due
consideration, the Board denies that request.

DISCUSSION

Local 501 does not dispute the Board's factual finding that

employees in the assistant chief operating engineer

classification 	exercise 	authority which 	in most 	circumstances
would 	be 	considered 	demonstrative 	of 	supervisory 	status. 	It
argues, 	however, 	that 	these employees possess 	such authority
only 	because 	the University of California 	does 	not 	presently
employ anyone 	in 	the 	classification of 	chief 	operating
engineer. 	Were the University to 	fill 	this 	position 	at 	the 	top
of 	the 	personnel 	series 	for 	operating engineers, 	maintains
Local 	501, 	the 	supervisory authority presently exercised 	by the
assistant 	chiefs 	would 	be 	assumed 	by 	their 	new 	superior.
Local 	501 	does 	not 	indicate 	how long 	the 	position of 	chief
operating 	engineer 	has 	remained 	vacant, 	or 	whether 	this
condition 	will 	change 	imminently or may 	fairly 	be 	considered
permanent. 	In any event, 	we decline to join Local 501 	in
speculating 	as 	to what 	the 	supervisory 	authority of 	assistant
chief 	operating 	engineers 	might 	be 	in 	the 	presence 	of 	a chief
operating 	engineer. 	Should 	such 	circumstances 	come 	to pass,
Local 	501 	is 	free 	to petition for 	a modification of 	the 	unit,
as provided 	at 	section 	32781 	of PERB's 	rules 	and
regulations.1 For 	the 	present, 	our 	determination 	in PERB
Decision No. 	242c-H, 	supported as 	it is 	by the record evidence,
must 	remain 	undisturbed.
1PERB's 	rules 	and 	regulations 	are 	codified 	at 	California
Administrative Code, 	title 8, 	section 31001 et seq.
22

-ORDER
The request for reconsideration of PERB Decision No. 242c-H
is DENIED.

By the Board