Perb

Ruling on an unfair labor practice charge brought by the California Faculty Association (CFA), the Public Employment Relations Board (PERB) concluded that Government Code section 3572.5, subdivision (b)(1), and Education Code section 89542.5, subdivision (a)(4), preclude the Board of Trustees of the California State University (the University) from insisting that a memorandum of understanding contain limits on the authority of an arbitrator to overturn a campus president’s decision on faculty appointment, reappointment, tenure, or promotion. Because during negotiations on a new memorandum of understanding the University had insisted to impasse upon a proposal containing such restrictions, PERB found that the University had engaged in an unfair labor practice.

On this petition for review by the University (Gov. Code, §§ 3542, 3564; Cal. Rules of Court, rule 8.498), we hold that PERB’s interpretation of the statutes is “clearly erroneous.” (See Cumero v. Public Employment Relations Bd. (1989) 49 Cal.3d 575, 586-587 [ 262 Cal.Rptr. 46 , 778 P.2d 174 ] (Cumero).) Neither the plain language of the statutes, nor the relevant legislative history, supports PERB’s interpretation.…