Regents of the University of California Printing Trades (PERB 0243H)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC EMPLOYMENT 	RELATIONS BOARD
In 	the matter 	of:
UNIT 	DETERMINATION 	FOR PRINTING TRADES
EMPLOYEES 	OF 	THE 	UNIVERSITY 	OF
CALIFORNIA 	PURSUANT 	TO 	CHAPTER 	744
OF THE STATUTES 	OF 	1978 	(HIGHER
EDUCATION 	EMPLOYER-EMPLOYEE
RELATIONS ACT)
Case Nos. 	SF-RR-1002, 	et 	al
PERB 	Decision No. 	243-H
September 	30, 	1982
Appearances; 	Robert J. 	Bezemek and Stewart Weinberg, 	Attorneys
(VanBourg, Allen, Weinberg & Roger) 	for Printing Trades
Alliance; 	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; 	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 	Act,2 which
became 	effective July 1, 	1979, 	vests 	in the Public Employment
1The 	HEERA 	is 	codified 	at 	Government Code 	section 	3560 	et
seq. 	All 	statutory 	references 	hereafter 	are 	to 	the Government
Code 	unless 	otherwise 	indicated.
2In 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, 	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.
)
)
)
)
)
)
______ )

Relations 	Board 	(PERB) 	jurisdiction over 	the University of
California 	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 	petitions
describing 	units 	which 	include 	printing 	trade 	employees. 	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 and Operations
Hearings 	(9/29/80) 	PERB Order No. 	Ad-101-H,
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.
4 PERB 	rules 	and 	regulations 	for 	HEERA are 	codified 	at
California Administrative Code, 	title 	8, 	section 	50000 et 	seq.
Section 51100 reads 	in part:
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
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the Board 	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 	does 	not 	expand 	the
existing 	scope 	of 	the 	hearing.
The Printing Trades Alliance 	(Alliance), 	which 	is comprised
of 	the 	International Typographical Union, 	Graphic Arts Union,
and 	the Western Graphics Arts Union, 	initially petitioned 	for 	a
unit of 	all printing 	trades 	employees 	of 	the University
printing 	department working 	at 	the 	printing 	plant on Oxford
Street 	in Berkeley. 	It 	later 	sought 	separate 	units 	for
department 	employees 	who work 	at 	the 	Richmond 	and 	Santa Monica
book binderies. 	In the alternative, 	it 	requested either 	a
combined 	unit 	of 	book 	bindery 	employees 	or 	a 	unit 	comprised 	of
all printing 	department 	employees, 	including 	the Oxford Street
printing 	plant.
The Alliance 	also 	sought 	independent 	units 	for 	the printing
classifications 	at 	the Lawrence 	Berkeley Laboratory 	(LBL) 	print
exclusive 	representative 	in 	an 	appropriate
unit 	shall 	be 	filed with 	the 	regional
office 	. . . .
W	
3

shop, 	the Cooperative Extension print shop, 	and 	the University
Extension print shop. 	It, 	however, 	also asserted 	that 	a single
unit of 	all 	these 	employees would 	be 	appropriate.
Finally, 	the Alliance proposed 	that 	if 	the Board were 	to
find 	reprographic 	technicians 	to 	be 	skilled 	crafts 	employees,
they 	should 	be 	placed 	in 	appropriate 	skilled 	crafts 	units 	and
not 	with 	the printing 	trades 	employees.
The American Federation of State, 	County, 	and Municipal
Employees 	(AFSCME) 	and 	the California State Employees
Association 	(CSEA) 	proposed 	that 	the 	printing 	and 	bookbindery
classifications 	be 	included 	in 	a 	systemwide 	skilled 	crafts
unit. 	CSEA included 	the 	reprographic 	technicians 	in 	its
petition.
The 	University 	similarly 	argued 	that 	the 	printing
department 	classifications 	should 	be 	included 	within 	a
systemwide 	skilled crafts 	unit. 	However, 	it contends 	that 	the
reprographic 	technicians 	and 	the 	printers 	at 	the 	LBL 	and 	the
extension 	centers 	are 	not 	skilled 	crafts 	employees 	and 	should
be placed 	in a 	systemwide 	service 	unit.
DISCUSSION
The 	Legislature 	mandated 	that 	the 	Board 	consider 	various
criteria 	in 	determining 	an 	appropriate 	unit 	of 	employees 	for
purposes 	of meeting 	and conferring 	under 	provisions 	of 	the
HEERA. 	Those 	criteria are 	set 	forth 	in 	section 	3579 of 	the Act
4

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.
(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.
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(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.
(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.
6
• 	• 	• 	• 	• 	•
6

The Board 	determined 	in 	Unit 	Determination 	for 	Skilled
Crafts Employees 	of University of 	California 	(9/30/82) 	PERB
Decision No. 	242-H, 	that 	the 	reference 	to 	"skilled crafts
employees" 	in subsection 3579 (d) 	of HEERA refers 	to skilled
building 	and 	construction 	trades 	employees. 	Accordingly, 	the
Board 	is 	not mandated 	to place 	all 	skilled printing 	trades
classifications 	in 	units 	with other 	skilled 	crafts 	employees.
In determining 	the 	appropriate 	units 	for 	the petitioned-for
classifications, 	the Board 	has considered 	the 	record 	in light
of 	the 	statutory criteria of 	subsection 3579 (a). 	We have
previously 	held:
. 	. 	. 	that such unit determination criteria
cannot 	be 	reviewed 	in 	isolation 	from one
another; 	indeed, 	there is substantial
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 CSUC 	(HEERA) 	(Nonprofessional)
(11/17/81) 	PERB Decision No. 	176-H
(hereafter CSU); 	Unit Determination for 	the
State of California 	(11/7/79) 	PERB Decision
No. 	110-S 	(hereafter 	SEERA Unit
Determination).
Upon 	review of 	the 	evidence 	presented 	by 	the 	parties 	during
the course of 	the 	hearings 	and 	in 	their 	briefs, 	the Board 	finds
that 	a 	single 	unit of printing 	trades 	employees 	of 	the
University printing 	department 	is 	appropriate. 	The Board
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further 	finds 	that 	separate 	unit(s) 	for 	the printing and
reprographic 	employees 	at 	the 	LBL 	and 	Extension 	print 	shops
inappropriate.
The printing 	trades 	employees 	who work at 	the Oxford 	Street
printing 	plant 	and 	the 	Richmond 	and 	Santa Monica 	library 	book
binderies 	share 	a 	strong 	community of 	interest 	distinct 	from
other 	skilled 	crafts 	employees. 	The 	three 	facilities 	make 	up
the 	University 	printing 	department 	which 	is 	not 	affiliated 	with
any campus. 	Superintendents 	at 	each 	location 	report 	to a
central 	department 	manager 	who 	has 	ultimate 	authority 	for 	most
policy 	and 	personnel 	decisions.
It 	is 	undisputed 	by 	the parties 	that 	all of 	the printing
and 	bindery 	employees 	in 	the 	department 	do skilled 	work. 	At
the printing 	plant, 	these 	employees 	work 	toward the 	established
common goal 	of 	preparing 	printed 	material 	for 	the University.
To 	this end, 	they work 	in one 	of 	four 	functionally 	related
areas: 	composing room, 	prepress, 	press and bindery.
The Oxford 	Street 	bindery 	does 	no 	hardcover 	binding 	and
sends 	such work 	to outside 	vendors or 	to 	the 	library
binderies. 	The 	bookbinders 	at 	the Richmond 	and 	Santa Monica
facilities 	and 	the 	printing plant 	operate 	similar 	machinery,
have 	comparable 	job duties 	and 	identical 	skill 	levels.
8

Historically, 	the printing 	trades unions, 	which now
comprise 	the Printing 	Trades Alliance, 	have 	represented 	the
printing department 	employees. 	At Oxford Street, 	nearly 	all of
the 	employees 	are members 	of Alliance 	unions 	where
representational 	relationships 	date 	back 	more 	than 80 	years.
Because 	of 	this 	history of 	representation 	and 	the meet 	and
confer 	sessions 	the 	unions 	have 	conducted 	with 	the University,
printing 	trades 	employees 	have 	traditionally 	shared 	benefits
distinct 	from 	those 	of 	other 	University 	employees. 	For 	years,
the 	printing 	department 	classifications 	were 	union-related 	and
reflected prevailing wage 	rates 	in 	the private 	sector. 	Other
benefits 	included 	a 	standard 	35-hour 	work week, 	special 	shift
differentials, 	computation of 	work 	time on a 	tenth-of-an-hour
interval, 	and 	unique work rules. 	While 	in recent years 	the
University has 	tried 	to cut 	back on 	these 	benefits, 	the
printing 	plant 	employees 	still 	maintain 	a 	35-hour 	work week 	and
all 	department 	employees 	still 	share 	the 	unique 	shift
differentials 	and 	worktime 	computation 	formula.
The 	University 	has 	acknowledged 	the 	close 	community of
interest 	that 	exists 	among 	the 	printing 	department 	employees:
The 	employees 	in 	these 	three 	locations
perform 	under 	common 	supervision; 	they 	share
common working 	conditions; 	they have
equivalent 	and 	in 	some 	cases identical
skills; 	they perform virtually 	identical
duties; 	they have 	identical purpose 	and
functions, 	and 	they even enjoy common
9

historical 	affiliation 	with 	the
. 	. 	. 	Printing Trades Alliance. 	"Opening
Brief 	of 	the University of 	California,
February 20, 1981" p. 148.
The 	Board 	finds 	that 	the 	remaining 	criteria 	of 	subsection
3579(a) 	do not militate 	against 	a 	separate 	unit of printing
department 	employees. 	The University 	has met 	and 	conferred
with 	the 	printing 	trade 	unions 	for 	years 	and 	has 	provided 	no
persuasive 	evidence 	that 	it could 	not continue 	to do so, 	or
that 	a departmental 	unit would 	have 	an 	adverse 	impact on
operations 	of 	the University or 	its 	responsibility 	to 	its
students 	and 	the public.
In view of 	the 	scope 	of 	the 	unit 	and 	the 	factors
considered, 	the Board does 	not 	find 	such a 	unit will 	result 	in
fragmentation of 	employee 	groups 	or 	undue proliferation of
units. 	The University's 	argument 	that 	a 	separate 	unit 	is
inappropriate 	is 	rejected.
The Board 	finds 	that 	separate 	units 	or 	a combined 	unit of
employees at 	the LBL, 	University Extension, 	and 	the Cooperative
Extension print 	shops 	is 	inappropriate. 	The LBL 	shop employs
approximately 	nine 	printers 	and 	the 	Cooperative 	and University
Extension 	shops 	have 	respectively 	three 	and 	five 	reprographic
technicians. 	The 	Printing 	Trades Alliance 	presented 	inadequate
evidence 	to 	justify such 	a proliferation of 	small 	units.
It 	also 	failed 	to demonstrate 	that 	these 	employees 	share
such 	a 	community of 	interest 	to permit 	the 	establishment 	of 	a
10

combined 	unit. 	The 	employees work 	in different 	locations 	for
different departments 	on 	functionally discrete projects. 	There
is 	no 	common 	supervision 	and 	there 	has 	been no 	employee
interchange 	among 	the 	shops. 	Further, 	the employees 	have 	not
shared 	a 	common 	history of 	representation 	distinct 	from other
University employees, 	and 	the Printing 	Trades Alliance 	concedes
that 	in 	the 	past 	it has not 	represented 	them. 	Finally, 	it
appears 	that 	these 	employees 	share 	terms 	and 	conditions 	of
employment 	identical 	to other 	employees 	of 	the University.
Further, 	we are 	unable 	to conclude 	that 	the printers 	at 	the
LBL 	print 	shop and 	the 	reprographic 	technicians 	at 	the
University and Cooperative 	Extensions 	and 	at 	the 	various
campuses 	are 	skilled 	crafts 	workers. 	While 	the 	Printing 	Trades
Alliance 	is unclear 	as 	to the status of 	these workers, 	it
acknowledges 	that 	their 	level 	of 	work 	is 	far 	less 	difficult
than 	that 	of 	the printing 	department 	employees. 	The University
firmly 	states 	that 	these 	employees 	are 	not 	skilled, 	relying
primarily on 	the 	uncontroverted 	evidence 	that 	they 	are 	not
required 	to 	have 	apprentice 	or 	comparable 	training.
Accordingly, 	the Board will 	not 	include 	these 	employees 	in
the 	skilled workers' unit.
ORDER
Based 	on 	the 	foregoing 	Decision 	and 	the 	entire 	record 	in
this case, 	the Public Employment Relations Board ORDERS 	that:
(1) 	A unit of 	printing 	and 	bindery 	employees 	in 	the
11

University 	printing 	department, 	excluding 	managers,
supervisors, 	confidential employees 	and casuals, 	is 	appropriate
for 	the 	purpose 	of 	meeting 	and 	conferring 	in 	good 	faith
pursuant 	to Government Code 	section 	3560, 	et 	seq. 	The
inclusions 	in 	this 	unit 	are 	set 	forth 	in 	the 	attached 	Appendix.
(2) 	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.
(3) 	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
PRINTING 	TRADES 	UNIT
Title Code 	Classification
8801 	Compositor 	Supervisor
8802 	Senior 	Compositor
8803 	Compositor
8812 	Prepress 	Technician 	Supervisor
8813 	Lead 	Prepress 	Technician
8814 	Senior 	Prepress 	Technician
8815 	Prepress 	Technician
8821 	Senior 	Bookbinder
8823 	Bookbinder 	II
8824 	Bookbinder 	Apprentice
8833 	Bookbinder 	I
8836 	Edition 	Bookbinder 	Supervisor
8837 	Lead 	Edition 	Bookbinder
8838 	Senior 	Edition 	Bookbinder
8839 	Edition 	Bookbinder
8842 	Lead 	Bookbinder
8843 	Principal 	Bookbinder
8844 	Senior 	Bookbinder
8845 	Bookbinder
8852 Assistant 	Composing 	Room 	Supervisor
8853 Hand 	Compositor
8854 Compositor 	Apprentice
8857 Copyholder
8858 Proofreader
8863 Linotype 	Machine 	Operator
8870 Press 	Operator 	Supervisor
8871 Lead 	Press 	Operator
8872 Senior 	Press 	Operator
8873 Press 	Operator
8874 Assistant 	Press 	Operator
8883 Cylinder 	Press 	Operator
8885 Apprentice 	Press 	Operator
8887 Trainee 	Press Assistant
8891 Assistant 	Press 	Room 	Supervisor
8893 25 	Inch Press Operator
8894 38 	Inch Press Operator
8895 38 	Inch Press Assistant
8896 20 	Inch Press Operator
8898 Camera 	Room 	Supervisor
8899 Prepress 	Operator
1