At UC Merced, employees may become represented by a union through processes called accretion, recognition, and certification. These processes are established under California’s Higher Education Employer-Employee Relations Act (HEERA) and overseen by the Public Employment Relations Board (PERB).
Within the University of California, the Office of the President’s Labor Relations team manages petitions and negotiations on behalf of all campuses.
Because these terms aren’t always familiar—and can sometimes feel unexpected—this page explains what they are, why they happen, and how they affect both staff and managers. Our goal is to ensure everyone understands the steps involved and can move through them together with clarity and respect.
Accretion: Adding Jobs to an Existing Union
How it happens:
- A union files a petition with the Public Employment Relations Board (PERB).
- PERB reviews whether the jobs share a community of interest with the existing unit (similar duties, workplace, or conditions).
- If the number of employees to be added is less than 10% of the current unit, PERB can decide the petition without an election. This is why accretion may feel sudden or unexpected.
- Jobs that are supervisory, managerial, or confidential are excluded by law.
- If PERB grants the petition, it issues an order. Employees in those jobs are now represented.
- Most terms of the union contract apply right away; UC and the union may bargain over job-specific items such as wages or probation.
What this means
- For staff: Your job is now represented by a union, and you are covered by the collective bargaining agreement.
- For managers: Apply contract rules immediately and partner with HR/Labor Relations before making changes to terms and conditions of employment.
Recognition and Certification: How a Union Becomes the Representative
Recognition and certification are the steps by which a union becomes the official representative for a group of employees.
How it happens:
- A union files a petition with the Public Employment Relations Board (PERB).
- If the union shows a majority (50% + 1) support, UC may grant voluntary recognition without an election.
- The union must show at least 30% support from employees in the proposed unit (through signed authorization cards) to initiate the certification process.
- If support is between 30% and majority, PERB will usually order a secret-ballot election.
- If a majority of employees who vote choose representation, PERB certifies the union as the exclusive representative.
Status quo obligations
- Until the first contract is negotiated, there is no CBA in place.
- During this period, management maintains existing wages, hours, and working conditions — but cannot make changes to those terms without first notifying the union and providing an opportunity to meet and confer.
- Once PERB certifies the union, UC must bargain in good faith toward a first agreement.
What this means
- For staff: Once certification occurs, your group is officially union-represented. Bargaining for a first contract will follow.
- For managers: Stay neutral during recognition efforts. After certification, work with HR/Labor Relations before making any changes to terms and conditions of employment, and maintain consistency until a contract is in place.
Exclusions Under HEERA
Some employees cannot be included in bargaining units under HEERA:
- Managerial employees
- Confidential employees
- Supervisory employees
What does “confidential employee” mean?
- Someone who develops or presents management’s positions in collective bargaining; or
- Someone whose duties give them access to information that directly shapes those positions.
Important: Simply having access to sensitive information is not enough. To qualify as confidential, the employee must actively participate in shaping or presenting UC’s bargaining strategy.
See the PERB checklist for confidential employee status here.
Next Steps After Representation Is Granted
Once PERB grants a petition—whether through accretion or certification—the process that follows is the same:
- Notice issued: The Office of the President sends a notice to each campus.
- Joint communication: Employees receive a joint letter from UC and the union, along with a PERB notice listing the affected positions.
- Local follow-up: Campuses provide additional communication to employees, supervisors, and managers to explain what representation means and outline next steps.
- Support for managers: Labor Relations may host Q&A sessions or informational meetings to answer questions.
- Bargaining begins: Negotiations on wages, hours, and working conditions take place through the systemwide collective bargaining process, with labor representatives from all campuses participating on behalf of UC.
Questions or Support
For questions or guidance, contact Labor Relations at laborrelations@ucmerced.edu.
Resources
- Collective Bargaining Agreements. Use the Bargaining Unit Matrix to view the full terms and conditions of your union contract.
- UCOP provides a helpful set of Frequently Asked Questions about union representation at UC. The FAQs explain bargaining units, contract negotiations, legal oversight, and what it means for employees.
- Higher Education Employer-Employee Relations Act (HEERA). California law governing collective bargaining in higher education.
- Contact Labor Relations. For questions about representation process at UC Merced, reach out to the ELR team at laborrelations@ucmerced.edu.
