PERB Order No. A103H•Regents of the University of California - Phase II Professional and Operations Hearings (Higher Education Employer Employee Relations Act-University of California) (PERB A103H)
Regents of the University of California - Phase II Professional and Operations Hearings (Higher Education Employer Employee Relations Act-University of California) (PERB A103H)
PERB Order No. A103HCalperb14 de nov. de 1980
Texto completo
STATE OF CAL!FORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
BROTHERHOOD OF TEAMSTERS AND AUTO TRUCK
DRIVERS, LOCAL NO. 70,
[1] (RR-1002)
[2] (PC-1003)
[3] (RR-1011)
LABORER'S INTERNATIONAL UNION,
LOCAL 1276, AFL-CIO
[4] (PC-1004)
(5] (PC-1005)
AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, AFL-CIO, LOCAL 371,
[8] (RR-1006)
PRINTING TRADES ALLIANCE,
(9] (RR-1007}
ALAMEDA COUNTY BUILDING AND CONSTRUCTION
TRADES COUNCIL, AFL/CIO
[10] (PC-1007)
INTERNATIONAL UNION OF OPERATING
ENGINEERS, STATIONARY ENGINEERS, LOCAL
NO. 39,
[11] (RR-1009)
[12] (RR-1010)
(JT. PET.} LOCALS 660 AND 535,
SERVICE EMPLOYEES INTERNATIONAL UNION,
AFL-CIO
[13] (IP-22} (PC-1010}
[40] (IP-16)
LOCAL 660, SERVICE EMPLOYEES
INTERNATIONAL UNION, AFL-CIO, UNIVERSITY
DIVISION,
[14] (PC-1016)
[15] (PC-1017}
CALIFORNIA STATE EMPLOYEES ASSOCIATION,
[16] (PC-1011)
[18] (IP-5) (PC-1035)
[19] (IP-6) (PC-1032)
[20] (IP-7) (PC-1033)
[21] {IP-8) (PC-1031)
[ 2 3 ] ( I P-11) ( PC-10 3 6 )
(43] (IP-20)
(46] (IP-25)
AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, AFL-CIO
[ 24] (PC-1012)
[ 2 5 ] ( PC-1018 )
(26] (PC-1026)
[27] (IP-13)
[28) (IP-14)
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Case Nos. (IP-6} SF-PC-1032
(IP-7) SF-PC-1033
PERB Order No. Act-103-H
ADMINISTRATIVE APPEAL
Phase II Professional
And Operations Hearings
(HEERA-UC)
November 14, 1980INDEPENDENT TOOL AND DIE CRAFTSMEN, [29] (PC-1013) ALAMEDA COUNTY BUILDING AND CONSTRUCTION TRADES COUNCIL, AFL-CIO AND INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, BAY AREA DISTRICT LODGE NO. 115, AFL-CIO [31] (PC-1015) INTERNATONAL UNION OF OPERATING ENG I NEE RS , LOCAL 501 , [32] (IP-9) (RR-1012} [33] (PC-1022)CALIFORNI~-- NURSES ASSOCIATION [35] (IP-2} ENGLISH SECOND LANGUAGE TEACHERS, CFT-AFT [36] (IP-4) CALIFORNIA STATE EMPLOYEES ASSOCIATION SOCIETY OF PROFESSIONAL SCIENTISTS AND ENGINEERS, [ 37 J (PC-1023) LOS ANGELES COUNTY EMPLOYEES UNION, LOCAL 434, SEIU, AFL-CIO, [38) (IP-3) [39] (IP-15) [41] (IP-17) [45] (IP-21) SAN FRANCISCO BOILDING AND TRADES COUNCIL [42] (IP-18) UNIVERSITY OF CALIFORNIA ACADEMIC COUNCIL (LIBRARIANS) AFT [44] (IP-19)U.C. AFT, AFL-CIO, LOCAL 1990 [47] (IP-24)U.C. AFT, AFL-CIO, LOCAL 1966 [481 (IP-26)U.C. AFT, AFL-CIO, LOCAL 2199 [49] (IP-27) PRINTING TRADES ALLIANCE [50] (IP-28)[51] (IP-29) LIMITED PARTIES (LP-1) SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO LOCAL 102(LP-2) SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO LOCAL 250 (LP-3) WITHDRAWN (LP-4} WITHDRAWN ) ) ) ) ) ) } ) ) . } ) ) ) ) ) ) } ) ) ) ) ) ) ) ) ) } )) ) ) ) ) ) ) ) ) ) ) ) ) ) )) ) )) ) )
(LP-5)
WITHDRAWN
{LP-6)
U.C. AFT, AFL-CIO,
LOCAL
1990
(LP-7)
ORANGE COUNTY
EMPLOYEES
ASSOCIATION
(LP-8)
AMERICAN
FEDERATION
OF
TEACHERS,
AFL-CIO,
LOCAL
1990
(LP-9) AFT, AFL-CIO,
LOCAL
1474
(LP-10) AFT, AFL-CIO,
LOCAL
2141
(LP-11)
AFT, AFL-CIO,
LOCAL
1990
(LP-12) AFT, AFL-CIO,
LOCAL
2023
(LP-13) AFT, AFL-CIO,
LOCAL
2026
(LP-14)
(LP-15) PRINTING
TRADES
ALLIANCE
(LP-16)
PRINTING
TRADES
ALLIANCE
(LP-17)
CSEA
(LP-18)
CSEA
APPLICANTS
(IP-24)
(RR-1014)
AMERICAN
FEDERATION
OF
TEACHERS,
AFL-CIO,
LOCAL
1990 and
LOCAL
1494
Employee
Organizations,
and
REGENTS
OF
THE
UNIVERSITY
OF
CALIFORNIA,
Employer.
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____________________
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Appearances:
Christine
A.
Bologna, Attorney for
California
State
Employees
Association.
Before Gluck, Chairperson:
Moore, Member.
DECISION
AND
ORDER
California State
Employees
Association (hereafter
CSEA)
has
appealed the attached decisions of the
San
Francisco regional
director that
the
showing
of support
by
CSEA
in support of
its
applications to participate in the University of California
unit determination hearings as
a
party of interest in
two
units
3(IP-16
and
IP-17)
were
insufficient
to
meet
the requirements
of
former
PERB
rule
51220(c)
(2).1
PERB
rule
32700(b)
and
(e)
(4)2
require
that
membership
lists
submitted as proof
of support
must
be
accompanied
by
the
date
of
each
member's
signature
on
an
enrollment,
membership
lPERB
rules
are
codified
at
California
Administrative
Code,
title
8, section
3100
et
seq.
Former
PERB
rule
51220(c)
provides:
•.•
An
employee
organization
may
be
allowed
to
participate fully
in
a
representation
hearing provided:
• e • • • • Q
~
• • • • o
~
a • • • • •
(c} The
Hearing
Officer
determines
that
the
organization
has
either:
(l}
10
percent support of
any
unit indispute
at
the
hearing, or
(2) 10
percent support of
a
proposed
unit
which
overlaps another
unit
in
dispute
at
the hearing.
2PERB
rule
32700{b) and (e) (4)
provide:
(b) The
proof of support
shall indicate
each employee's
printed
name,
signature,
job
title
or
classification
and
the date
on
which each
individual's signature
was
obtained.
A
signature without evidence
that
it
was
obtained within
one
calendar year
prior to the
filing
of the
petitionrequiring
employee
support
shall
be
invalidfor the purpose of calculating proof of
support.
Any
signature meeting the
requirements of this section shall
be
considered valid
even though the signator
4application, or designation card and that such signatures must have been obtained within one calendar year prior to the filing of the petition. The regional director properly applied this rule in this case. His findings and decisions are AFFIRMED. PER CURIAM has executed authorizations for more than one employee organization . . . . . . . . . . . . . . . . . . . . . . . (e) Subject to subsections (a), (b), (c) and (d) of this regulation, proof of support may consist of any one of the following or a combination thereof: (4) A notarized membership list, provided it is accompanied by the date of each member's signature on an enrollment, membership application, or designation card or cards, supported by a declaration under penalty of perjury that the employee organization has on file the aforementioned documents which indicate the employee's desire to be represented by the employee organization. A sample of such signed cards shall accompany the list. 5
c:ALIFOR!"IA EDMUND 0, laROWN JJt. Go- BtlC EMPLOYMENT RELA TiONS BOARD Son Francisco Regioncl Office 177 Post St., 9th Floor Son Froncisco, Colifornio 94108 (41.5) 557-1350 August 28, 1980 Mr. Wayne Reine Program Coordinator California State Employees Association 1108 "O" Street: Sac.ra:mento, California 95814 CERTIFIED HAIL Return Receipt Requested Re: Case No. IP-6 (SF-PC-1032) Systemwide OpeTations & Services Unit Dear Mr. Reine: After an initial determination found the showing submitted in support of your request to be an Interested Party in the above referenced case to be insufficient, an additional time period in which to per£ ect your showing was granted. Supplemental s'bowing of support was submitted in the forms of authorization ca::-ds and petitions pursuant to PERB Regulation 32700 (e) (3) and membership lists pursuant to PERB Regulation 32700 (e) (4) which states that a proof of support may consist of a 11 notarized membership list, provided it is accompanied by the date of each member's signatu:-e on an enrollment, membership application, or designation card or cards •••• " The dates which accCllpanied each name were checked for validity in accordance with PERB Regulation 32700 (b), which states that a 11 signatuTe without evidence that it was obtained within one calendar year prior to the filing of the petition requiring employee support shall be invalid for the purpose of calculating proof of support." Thus, even assuning that the nanes submitted are otherwise valid, the total nun.ber of validly dated names is 1,071, which is 29 short of the 1,100 needed to constitute the ten (10) percent showing of support required by PERB Regulation 51220 (c) (2). An appeal of this decision may be made to the Board itself w.i.thin ten calenda:r days of service by filing a statement of the facts upon ".Jhich the appeal is based with the Executive Assistant to the 'Board at 923 12th Street, Suite 201,
...... Mr. Wayne Heine ProgTam Coordinator Pgc2 Sacramento, California 95814. Copies of any appeal must be concurrently served upon all parties _and the San 'Francis co Regicnal Office. Proof of Service of the appeal must be filed with the Executive Assistant:. Should you have any questions concerning this matter, please contact me. VP..1:y truly yours, "-:l AMES W• TAMM Regioc.al Director . JW!:ir cc::M:r. Terry 'F illiiii.an Mr. Gerry Becke=
STAT!
(,iF
CAL!~NIA
EOMUND
G.
!~OWN
J~
••
Go_,
PUBUC EMPLOYMENT Rt:lAT:ONS SOAi<D
Son-froncrseo Regional Office
177 Post St., 9th Floor
Son Fronci~o, Colifornio 94108 ·
(415) 557-1350
August 28,
l9o0
M.r. Wayne
HeineProgram
Coordina:or
Cal.ifornia
St.ate
Employees
Association
llOS
no"
Street
Sacra.'llento,
Cal.ifornia
95814
CERTIFIED
MAIL
Return
Receipt
Requested
Re:
IP-7
(SF-?C-1033)
systemwide
Clerical
&
Allied
Services
Unit
Dear
M.r.
Heine:
After
an
initial
d~termination
found
the
showing
submitted
in
support
of
your
request to
be an
Interested Party in
the
above
referenced case
to
be
insufficient,
an
additional.
time
period
in.whicn
to perfect
your showing was
granted.
Supplemental
showing
of
support
was
submitted
in
the
forms
of
authorization
cards and
petitions
pursuant
to
PER3
Regulation
32700
(e)
{3) a.i.,d
rnenl:-ership
lists
pJrsuant
to
PEBB
Regulation
32700{e) (4) which
states that
a proof of
support
may
consist
of
a
"notarized
mc~::;.ership
list,
provided
it
is
accompanied
by the
date of each
m~ber
I s
signature
on
an
enrollment,
:membership
application,
or cesignation
card or cards
•••
" The
dates
which
accc:mpanied eac~ na~e were checked
for
validity in accordance
with
PERB
Regulation
32700
(b),
which
states
that
a
"signature
without
evidenc~
that
it
was
obtained within
one calendar
year
prior to
the
filing
of
the
P-tition
requiring
employee
support
shall
be
invalid for the
purpose of
calculating proof of
supporto" Thus, even assu:ning
that
th~
names
submitted
are
otherwise
valid, the
total
number of
validly
dated
names
is
1,691, which
is
309 sh::>rt of the 2,000 needed
to constitute the
ten
(lO)
percen:
showing of support required by
PE:F.B
Regulation
51220
(c)
(2) •
An appeal of
this decision
may be made
to
the Board
itself
within ten calendar days of service by
filing
a statement of
the facts
upon
whic.i-t
the ap;,eal
is
based with the Ex:ecut.i ve
Assistant to
th~ Board
at
923 12th
Street, Suite 201,Mr. Wayne Heine Program Coordinator Pg e 2 Sacramento, California 95814. Copies of any appeal must be. concurrently served upon all parties and the San Francisco Regional, Office. Proof o.E Service ~f the appeal must i:e filed with the Executive Assistant. Should you have a."'ly questions concerning this matter, please contact me. Very truly yours, ~ W~ TAMM Regional Pirector JWr: ks cc:Terry Filliman Gerry Becker
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