Employee Relations Codes (ERC)

Why Employee Relations Codes (ERCs) Matter

Labor relations between the University and/or employees and employee organizations are governed by the Higher Education Employer-Employee Relations Act (the HEERA). HEERA establishes which employees have the right to union representation and collective bargaining. Employee Relations Codes (ERCs) help categorize employees accordingly to ensure proper compliance with HEERA regulations.

Selecting the correct Employee Relations Code (ERC) is essential for accurate representation, compliance, and reporting. Incorrect ERC assignments can lead to:

  • Increased risk of Unfair Labor Practices filed with the Public Employee Relations Board when positions are placed into an existing or new union bargaining unit.

  • Manager & Supervisor Roster Inaccuracies – ERCs are used to pull rosters for managers and supervisors, affecting reporting and workforce planning.

  • Union Roster Inaccuracies – UCPath data is used to generate union rosters, ensuring that represented employees are correctly classified. An incorrect ERC may result in employees being misclassified or missing from union reports.

  • Labor Relations Compliance – ERCs coupled with the union code are a key factor in tracking bargaining unit employees, ensuring compliance with labor agreements and policies.

  • Payroll & Deductions – ERCs determine union dues and fee deductions for certain represented employees. Errors can result in incorrect payroll deductions, requiring corrections and manual adjustments.

Guidance for Selecting the Correct ERC

Most positions fall under 'All Others, Not Confidential.' Use the criteria below to select the appropriate ERC:

  1. Is the position Confidential?
    • Most positions are not considered confidential.
    • Review the ‘Confidential’ definition below.
    • Approval required: Contact ELR for consultation and approval.
  2. Is the position a Supervisor or Manager?
    • Review the Supervisor and Manager definitions below.
    • Job code titles may not explicitly indicate supervisory/managerial roles.
  3. Is the employee a Student in an Academic Title covered by the BR or BX bargaining unit?
    • Titles include Readers, Tutors, Teaching Assistants/Graduate Student Instructors, and Graduate Student Researchers.
    • Assign: 'Student in Academic Title Covered by HEERA.
    • This ensures accurate union rosters and deductions.
  4. Does the employee work abroad or at a non-California UC location?
    • Employees working abroad or at a non-California UC location (for example: UCDC) should have the ERC of ‘Not Covered by HEERA - Out of State.’
    • Employees who work at UC Berkeley, but live out of state should not be designated as ‘Not Covered by HEERA - Out of State.’
  5. If None of the Above Apply: Select ‘All Others, Not Confidential’
    • This is the most common designation.

UCPath ERC Values Quick Reference

A - Manager, Not Confidential

  • Must meet the 'Manager' definition.

B - Manager, Confidential*

  • Must meet the 'Manager' definition.

  • Must meet the ‘Confidential’ definition.

  • Must be approved by ELR.

C - Supervisor, Not Confidential

D - Supervisor, Confidential*

  • Must meet the 'Supervisor' definition.

  • Must meet the ‘Confidential’ definition.

  • Must be approved by ELR.

E - All Others, Not Confidential

  • Most common designation.

  • Used when an employee is not confidential, a Manager, a Supervisor, a Student in an Academic title covered by the BR or BX union, working both out-of-state and for a non-California UC, or working abroad.

F - All Others, Confidential*

  • Must meet the ‘Confidential’ definition.

  • Employee is not a Manager, a Supervisor, a Student in an Academic title covered by the BR or BX union, working both out-of-state and for a non-California UC, or working abroad.

G - Not Covered by HEERA (Out of State)

  • Employees working at UC offices located outside of the state of CA (for example: UCDC) and do not live in California, OR employees working out-of-country.

  • Employees who work at UC Berkeley, but live out of state should not be designated as ‘Not Covered by HEERA.’

H - Student Employees in Academic Title Covered by HEERA (GSIs, GSRs Readers, Tutors, and other titles covered by the UAW agreement)

  • Must be a student in an academic title.

  • Must be in a title covered by the BR or BX bargaining unit.

I - Student Employees in Academic Title Not Covered by HEERA (no longer in use)

X - Not Applicable - Contingent WK (CWR)

  • Must be in a Contingent Worker (CWR) title.

*Confidential designations require prior approval by People & Culture (Employee Labor Relations). Contact ELR for consultation and approval. See Compensation Compliance web page for additional information.

Important Definitions

Confidential

  1. Any employee who develops or presents management positions with respect to collective bargaining with unions, OR

  2. Any employee whose duties normally require access to confidential information which contributes significantly to the development of management positions with respect to collective bargaining.

"Confidential" designation for the ERC does not include dealing with other types of confidential materials. Access to personnel files does not, in and of itself, mean that an employee's ERC is confidential, unless that access is used to develop management positions with respect to collective bargaining. Note: Except for employees in the Office of Human Resources, in the Chancellor's Office, and those who directly support the Vice Chancellors, the use of the "Confidential" designation should occur only rarely.

Contact ELR for consultation and approval of a confidential designation.

Supervisor

Exercises independent judgment in determining the distribution of work to subordinate(s) AND performs at least 3 of the following:

  • Independently selects subordinate(s), OR participates in the interview and recommends who should be hired.

  • Independently determines performance ratings of subordinate(s), OR initially decides on the ratings, and submits them to a higher-level manager.

  • Independently decides within budgetary limitations the amount of subordinate merit increases, determines who will be selected for promotional opportunity, and decides which positions to recommend for reclassification, OR makes recommendations to a higher-level manager.

  • Has independent authority to issue written warnings and suspensions, OR independently determines what discipline (including dismissal) should be imposed on a subordinate, and recommends the same for review and approval to a higher-level manager.

  • Has independent authority to resolve grievances or complaints OR independently formulates a resolution to a grievance or complaint and submits the proposed resolution to a higher-level manager.

Generally, supervisors have full responsibility as described above for at least 2 FTE's (full-time equivalents) subordinates. Note: whenever "recommendations" are cited, they are customarily given substantial weight and are typically accepted. Work Leaders, who usually spend a substantial portion of their time performing work identical to that assigned to their subordinates, are not supervisors.

Manager

A Manager meets all Supervisor criteria PLUS:

  • Has significant responsibilities for formulating and administering policies and programs.

  • Identifies objectives, directs programs, manages human, financial, and physical resources, and functions with a high degree of autonomy.

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