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

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. 	243b-H
March 25, 	1983
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Appearances; 	Stewart Weinberg, Attorney 	(Van Bourg, 	Allen,
Weinberg 	& 	Roger) 	for 	Printing Trades Alliance; 	Jerrold C.
Schaefer 	and Judith Droz Keyes, 	Attorneys 	(Corbett, Kane, 	Berk
& 	Barton) 	and James N. 	Odle, Associate Counsel for 	the Regents
of 	the 	University of California.
Before 	Gluck, Chairperson; 	Tovar, 	Jaeger, Morgenstern and
Burt, Members.
DECISION
On September 	30, 1982, 	the Public Employment Relations
Board 	(PERB or 	Board) 	issued 	a 	decision1 under 	the Higher
Education 	Employer-Employee 	Relations 	Act 	(HEERA)2 creating 	a
1Unit 	Determination 	for 	Printing Trades Employees 	of 	the
University of 	California 	Pursuant 	to Chapter 	744 of 	Statutes 	of
1978 	(Higher 	Education Employer-Employee 	Relations Act)
(9/30/82) 	PERB Decision No. 	243-H. 	See also the decision
concerning 	requests 	for 	reconsideration 	and 	judicial 	review,
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) 	(2/4/83) 	PERB Decision No. 	243a-H.
2The 	HEERA 	is 	codified 	at 	Government 	Code 	section 	3560 	et
seq. 	All 	statutory 	references 	are 	to 	the Government Code
unless 	otherwise 	specified.
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bargaining 	unit 	of 	printing 	trades 	employees 	at 	the 	University
of California 	(UC). 	Pending 	that decision, exclusionary issues
were 	raised 	by 	the 	parties 	with 	respect 	to 	the 	alleged
managerial 	or 	supervisory 	status 	of 	employees 	in 	the 	printing
trades 	unit.3 These 	issues 	have 	been 	resolved 	by
stipulations 	between the 	parties.
The 	stipulations 	provide 	that 	the 	following 	classifications
should 	be 	excluded 	from 	the 	printing 	trades 	unit 	as managerial
or 	supervisory: 	compositor 	supervisor 	(8801), 	prepress
technician supervisor 	(8812), 	edition bookbinder 	supervisor
(8836) 	and press 	operator 	supervisor 	(8870). 	The 	stipulations
also provide 	that 	employees Libby Cook 	and 	Irene Smith 	in 	the
classification of 	senior 	bookbinder 	(8844) 	should 	be 	excluded
from 	the 	unit 	as 	supervisory.
The 	Board 	has 	held 	that 	it 	will 	approve 	a stipulation 	in a
unit 	determination matter 	when 	the 	stipulation 	does 	not
contravene 	the Act 	or 	established 	Board 	policies. 	Centinela
Valley Union High School District 	(8/7/78) 	PERB Decision
No. 	62. 	A review 	of 	the 	record 	reveals 	that 	it 	is 	adequate 	to
3subsection 	3562(1) 	of 	HEERA provides:
"Managerial 	employee" 	means 	any employee
having 	significant 	responsibilities 	for
formulating 	or 	administering 	policies 	and
programs. 	No employee 	or 	group of 	employees
shall 	be 	deemed 	to 	be managerial 	employees
solely because 	the 	employee 	or 	group of
employees 	participate 	in 	decisions 	with
respect 	to courses, curriculum, personnel
and 	other matters 	of 	educational 	policy. 	A
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support the stipulations. 	Therefore, 	the stipulations 	are
approved 	by 	the 	Board.4
department 	chair 	or 	head 	of 	a similar
academic 	unit 	or 	program who 	performs 	the
foregoing 	duties 	primarily on 	behalf 	of 	the
members 	of 	the 	academic 	unit 	or 	program
shall 	not 	be 	deemed 	a managerial 	employee
solely 	because of 	such duties.
Section 	3580.3 of 	HEERA provides:
"Supervisory 	employee" 	means 	any 	individual,
regardless 	of 	the 	job description or 	title,
having 	authority, 	in 	the 	interest of 	the
employer 	to hire, transfer, suspend, lay
off, recall, promote, discharge, assign,
reward, or discipline other 	employees, or
responsibility to direct 	them, 	or 	to 	adjust
their 	grievances, 	or 	effectively to
recommend such action, 	if, 	in connection
with 	the 	foregoing, 	the 	exercise of 	such
authority 	is 	not of 	a merely 	routine 	or
clerical nature, 	but 	requires 	the 	use of
independent judgment. 	With 	respect 	to
faculty or 	academic employees, 	any
department 	chair, 	head of 	a 	similar 	academic
unit or 	program, 	or 	other 	employee who
performs 	the 	foregoing 	duties 	primarily 	in
the 	interest 	of 	and on 	behalf 	of 	the 	members
of 	the 	academic department, 	unit or 	program,
shall 	not 	be 	deemed 	a 	supervisory employee
solely 	because of 	such duties; 	provided,
that 	with 	respect 	to 	the 	University of
California 	and Hastings College 	of 	the Law,
there 	shall 	be 	a 	rebuttable 	presumption 	that
such 	an 	individual 	appointed 	by 	the 	employer
to 	an 	indefinite 	term 	shall 	be 	deemed 	to 	be
a supervisor. 	Employees 	whose 	duties 	are
substantially similar 	to 	those 	of 	their
subordinates 	shall 	not 	be 	considered 	to 	be
supervisory 	employees.
Managerial 	employees 	are 	excluded 	from 	coverage 	under 	HEERA
in subsection 	3562(f). 	Supervisory employees 	have 	limited
rights 	as 	set 	forth 	in section 	3580 et 	seq.
4The 	Board 	does 	not 	specifically designate 	these
classifications 	and 	employees 	as managerial 	or 	supervisory.
W
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No other 	exclusionary 	issues 	remain 	to 	be 	decided 	by 	the
Board 	in 	the 	printing 	trades 	unit.
ORDER
Upon 	the 	foregoing 	Decision 	and 	the 	entire 	record 	in 	this
case, 	the 	Public Employment Relations Board ORDERS 	that:
(1) 	The following 	classifications 	are excluded from 	the
Printing Trades 	Unit 	as 	managerial 	or 	supervisory according 	to
the 	stipulations 	of 	the 	parties 	and 	based 	upon 	the 	factual
record 	in 	this 	proceeding:
Classification 	Class 	Code
Compositor 	Supervisor 	8801
Prepress 	Technician 	Supervisor 	8812
Edition 	Bookbinder 	Supervisor 	8836
Press 	Operator 	Supervisor 	8870
In the State Employer-Employee Relations Act, 	Phase III, 	Unit
Determination Proceeding 	(10/18/79) 	PERB Order No. 	Ad-79-S, 	the
Board 	stated 	that 	it:
. 	. 	. 	views 	the focus of 	the Phase III unit
determination 	proceedings 	to 	be 	a 	determination
of 	those 	rank and 	file employees 	who 	are 	to 	be
included 	in 	the 	designated 	appropriate 	units.
However, 	the burden is on the 	. 	. 	. party which
may 	seek 	to 	exclude 	employees 	from 	units
because of 	alleged managerial, 	supervisory or
confidential 	status—to 	affirmatively 	justify
their 	exclusion. 	This 	can 	be 	done 	by showing
evidence 	of 	actual 	job requirements 	which would
disqualify 	the 	subject 	employees 	from 	placement
in 	representation 	units 	irrespective 	of 	which
exclusionary category 	those 	employees 	may 	fit.
Thus, 	the Board 	approves 	only 	the exclusion of 	the
classifications 	and 	employees 	from 	the 	unit 	and 	not 	the 	specific
bases 	for 	the exclusions.
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(2) 	Libby Cook 	and 	Irene Smith, 	incumbents 	in 	the
classification of Senior 	Bookbinder 	(Class Code 	8844), 	are
excluded 	from 	the 	Printing 	Trades 	Unit 	as 	supervisory 	according
to 	the 	stipulations 	of 	the 	parties 	and 	based 	upon 	the 	factual
record 	in 	this 	proceeding.
(3) 	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.
By 	the 	Board
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