Regents of the University v. Public Employment Relations Board

This petition by the Regents of the University of California (University) challenges a ruling by the Public Employment Relations Board (PERB or Board) that the University committed unfair labor practices. PERB’s decision had two parts: (1) a ruling that a “nonexclusive” employee organization enjoyed the right of advance notice and discussion of employer work-rule changes; (2) a ruling that the University should have provided union access to workers in a high-security cafeteria at Lawrence Livermore Laboratory (Laboratory). When we first considered this petition, we denied it as to both issues. The California Supreme Court granted hearing and retransferred the matter with directions to grant a writ of review limited to the first issue. After conducting the review, we conclude *939 that the Board erred in ruling that the employee organization enjoyed a right to advance notice and an independent right to discuss work-rule changes with the University.

In 1978, the Legislature adopted the Higher Education Employer-Employee Relations Act (HEERA or the Act) (Stats. 1978, ch. 744, § 3, p. 2312 et seq., codified in Gov. Code, § 3560 et seq.). 1 The Act granted collective…