Trustees of California State University v. Public Employment Relations Board
Opinion
Opinion
Martin, J.
Petitioner Trustees of the California State University (University) seeks writ of prohibition/mandate (Gov. Code, § 3542) to compel respondent Public Employment Relations Board (PERB or Board) to dismiss an unfair labor practice charge arising from rejection of a probationary police officer.
On June 29, 1988, real parties in interest, Gilbert Washington, Jr., and his labor union, the Statewide University Police Association (SUPA), filed an unfair practice charge (case No. S-CE-35-H) against petitioner under the Higher Education Employer-Employee Relations Act (Gov. Code, § 3571, subds. (a)-(d)) (HEERA). Real parties specifically alleged petitioner rejected Washington from probation as a California State University, Fresno (CSUF), police officer in retaliation for his testimony on behalf of a fellow officer at a formal PERB hearing (unfair practice case, PERB Nos. S-CE-32-H and S-CE-33-H).
On August 18, 1988, real parties withdrew their allegations regarding a violation of Government Code section 3571, subdivisions (c) and (d) without prejudice.
On August 23, 1988, the PERB Office of General Counsel issued a complaint alleging petitioner took adverse action against real…