In 1982, the Public Employment Relations Board (PERB) established two bargaining units for non-physician patient care employees at the University of California (UC): the NX Unit for registered nurses and the HX Unit for other professional patient care workers. In 1997, the University Professional and Technical Employees (UPTE), Local 9119, became the exclusive representative of the HX Unit. That unit includes Behavioral Health Counselors, Dietitians, Clinical Social Workers, and similar roles. While many of these employees work in UC medical centers providing patient care, others are campus-based and serve student populations.
On October 24, 2024, UPTE filed four unit modification petitions to add eight student-facing classifications to the HX Unit. These included Health Educators II and III, Student Disability Specialists, Student Life & Development Specialists, and Advocates. UPTE argued that Health Educators serve both patients and students; some work in hospitals providing patient education, while others work on campuses delivering public health education to students. Because UPTE believed the proposed additions would increase the HX Unit by less than 10%, it did not submit proof of majority support.
On November 8, 2024, the United Auto Workers (UAW) filed a petition for recognition of a newly proposed bargaining unit called the Student Services and Advising Professionals (SSAP) unit. UAW’s proposed unit included all eight classifications that UPTE sought to add, along with 11 additional student services titles. UAW submitted proof of majority support from more than 50% of employees in the proposed unit.
On November 25, 2024, PERB’s Office of the General Counsel (OGC) notified the parties that because both unions sought to represent overlapping positions, PERB Regulation 32781(e)(2) required UPTE to submit proof of at least 30% support. UPTE disputed that interpretation and asked PERB to consolidate its petitions with UAW’s petition for recognition. OGC issued an order to show cause as to why it should not dismiss UPTE’s petitions. UPTE opposed the order to show cause and moved to intervene as a full party in UAW’s recognition proceedings. On December 17, 2024, OGC dismissed UPTE’s petitions for failure to provide the required proof of support.
UC subsequently declined to recognize UAW’s SSAP unit, citing the pending representational dispute. On December 26, 2024, UAW filed a formal petition asking PERB to investigate and certify the unit as appropriate for exclusive representation.
On January 6, 2025, UPTE appealed the dismissal of its petitions. In its response, UAW argued that the employees at issue were not healthcare workers and did not serve patients but instead provided student services and support. On April 9, 2025, PERB issued its decision in Regents of the University of California (PERB Order No. Ad-527-H). It held that even though UPTE had filed first, once UAW submitted a recognition petition for overlapping units, UPTE became subject to the 30% support requirement. Because UPTE had not submitted that proof of support, OGC acted properly in dismissing its petitions. However, PERB emphasized that the dismissal was without prejudice. If any of the disputed classifications remained unrepresented after PERB completed its processing of UAW’s recognition petition, UPTE could refile its petitions.
On April 10, 2025, UPTE filed a new unit modification petition, this time seeking to add Health Educator I–IV classifications to the HX Unit. Unlike in its earlier petitions, UPTE included proof of support from more than 30% of the affected employees. UPTE again asserted that some Health Educators worked in patient care settings at UC medical centers, while others served students on campus.
On April 11, OGC issued a second order to show cause, questioning the validity of UPTE’s renewed petition in light of UAW’s still-pending petition for recognition of the SSAP unit. On April 18, UC informed OGC that it had voluntarily recognized UAW as the exclusive representative of the SSAP unit, which included the Health Educator titles. However, UC acknowledged that PERB retained the authority to determine the final scope of that unit.
On May 7, 2025, OGC issued an administrative decision dismissing UPTE’s renewed petition. UPTE appealed. PERB held that UPTE could pursue its petition only for classifications not already included in the unit that UC had recognized as part of UAW’s petition. PERB found that UAW had consistently represented, both in its filings and arguments, that the SSAP unit excluded healthcare employees and included only student-serving workers. According to UAW, the Health Educators in the SSAP unit did not provide patient care and did not work in healthcare environments.
Accepting UAW’s representations, PERB concluded that Health Educators who serve students were already part of the SSAP unit and therefore UAW represented them. However, Health Educators who provide patient care remained outside that unit. Accordingly, PERB held that UPTE’s renewed petition could proceed, but only as to those Health Educators who work in clinical or patient-serving roles. UPTE would need to amend its petition to exclude student-serving Health Educators to move forward.
In its final order, PERB affirmed in part and reversed in part OGC’s May 7, 2025 dismissal. PERB remanded the case to OGC for further proceedings, limited to the patient-serving Health Educators UPTE still sought to represent.
Regents of the University of California (2025) PERB Dec. No. A530H.