Ass'n of Graduate Student Employees v. Public Employment Relations Board

In Regents of University of California v. Public Employment Relations Bd. (1986) 41 Cal.3d 601 [ 224 Cal.Rptr. 631 , 715 P.2d 590 ] (Regents), the Public Employment Relations Board (PERB) determined that housestaff participating in University of California medical residency programs were employees for purposes of coverage under the Higher Education Employer-Employee Relations Act (HEERA). (Gov. Code, § 3560 et seq.) The Regents court upheld PERB’s determination. The question raised by this petition is whether graduate students enrolled at the University of California, Berkeley (University), who work as research assistants and teaching assistants should be considered employees of University entitled to collective bargaining rights. In this case, PERB has decided that neither graduate student instructors (GSI’s) nor graduate student researchers (GSR’s) are employees. The Association of Graduate Student Employees, District 65, UAW (Association), challenges that decision. We conclude that PERB has improperly substituted a new test for the test prescribed by the first prong of the last clause of Government Code section 3562, subdivision (f), as interpreted by Regents. However,…