Regents of University of California v. Public Employment Relations Board

This case arises under the Higher Education Employer-Employee Relations Act (HEERA or Act), Government Code section 3560 et seq., a statute enacted to govern labor relations between public higher education employers and employee organizations. The Public Employment Relations Board (PERB or Board) is the administrative body in charge of enforcing this Act.

The Regents of the University of California (University or Petitioner or U.C.), by petition for writ of extraordinary relief, seeks relief from decision 504-H of respondent PERB. PERB’s decision and order requires that the real party in interest, American Federation of State, County and Municipal Employees (hereinafter AFSCME or the Union) be allowed reasonable access to certain banner space located at the intersection of LeConte Avenue and Westwood Boulevard at UCLA. The Board held U.C. violated section 3571, subdivisions (a) and (b) of the Act by unreasonably denying AFL-CIO (AFSCME) access to the aforementioned banner space.

*651 Facts

AFSCME was one of several employee organizations competing to become the exclusive representative union for various collective bargaining units. AFSCME distributed leaflets on…