The University of California lost its bid to overturn a decision from the Public Employment
Relations Board that would force union negotiations over a new classification of employees in an
existing bargaining unit.
A state appeals court affirmed the board’s ruling that in refusing to bargain, the university violated
state law providing the right of collective bargaining to employees in the University of California
system.
The university refused to bargain over the terms and conditions of employment for systems
administrators, a classification added to an existing bargaining unit following approval from PERB.
The university argued that systems administrators shouldn’t be included in a unit of technical
employees because they fall within the definition of professional employees. Even if they aren’t
professionals, they don’t share a community of interest with other unit classifications, and are so
numerous that the union should have been required to provide proof of majority support, the
university told the court.
The California Court of Appeals, First District denied the university’s writ of relief Thursday,
concluding PERB was correct in ordering it to cease and desist its refusal to negotiate.
Employees classified as professionals must have acquired more advanced knowledge than is
acquired from a general academic education, the justices said. The University failed to show that systems administrator positions required more advanced
knowledge than other positions in the unit, or to identify any tasks performed by systems
administrators based on such knowledge, Sandra L. Margulies wrote for the court.
Systems administrators, whose key responsibilities included implementing network communications and managing computer servers, have similar duties and are assigned to the
same departments and supervision as other roles in the unit, which supported PERB’s finding that
a community of interested existed, the opinion said. At the time of the petition, the new classification would increase the existing unit by less than the
10% set out in state law, and the university’s argument that PERB had discretion to require proof
of majority support below that threshold wasn’t supported by legislative history or state law, the
opinion said.
Administrative Presiding Justice Jim Humes and Justice Gabriel P. Sanchez joined the opinion.
Sloan Sakai Yeung & Wong LLP represents the University of California. Leonard Carder LLP
represents the union. The Public Employment Relations Board is represented by its general
counsel.
The case is The Regents of the Univ. of Cal. v. Pub. Emp’t Relations Bd. , 2020 BL 235982, Cal.
Ct. App., 1st Dist., No. A157597, 6/25/20.
Reproduced with permission. Published 6/26/20. Copyright 2020 by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bloombergindustry.com>