Regents of University of California v. Public Employment Relations Board

In this original writ proceeding brought by the Regents of the University of California (hereafter, University), we review an order of the Public Employment Relations Board (PERB or Board) finding that the University commits an unlawful labor practice by refusing to deliver mail through its internal mail system for real parties in interest, which are several locals of University Council, AFT, a labor union (collectively referred to here as the Union). We will conclude that the finding is not supported by substantial evidence and that the decision must be set aside.

I. Background

A. Introduction

Government Code section 3568, part of the Higher Education Employer-Employee Relations Act (HEERA), grants organizations of University employees the right, subject to reasonable regulations, “to use institutional bulletin boards, mailboxes and other means of communication . . . .” Section 3571, subdivision (b), makes it an unlawful employer practice for the University to “[d]eny to employee organizations rights guaranteed to them by this chapter.” The University operates an internal mail system by which it delivers mail between its various campuses, departments, and offices. The…