California Faculty Ass'n. v. Superior Court of Santa Clara County

This case arises from a decision by the president of San Jose State University denying tenure and promotion to a probationary faculty member. The matter was submitted to arbitration pursuant to the grievance procedure set forth in the collective bargaining agreement between the employer, the trustees of the California State University (hereafter CSU), and the California Faculty Association (hereafter CFA), which represented the aggrieved faculty member. The arbitrator overturned the president’s decision and directed that the university grant tenure to the faculty member and promote her to the rank of associate professor. CSU then filed a motion in superior court to vacate the arbitration award.

The superior court granted the motion to vacate, pursuant to Code of Civil Procedure section 1286.2, subdivision (d), on the ground that the arbitrator had exceeded the authority given him under the terms of the collective bargaining agreement and the parties’ stipulated submission. The court ordered that the matter be remanded for a new hearing before a different arbitrator. CFA now petitions this court for a writ of mandate directing the superior court to vacate its order and to…