CSU Team Secures Significant Win in HEERA Labor Relations Case
Our legal team achieved an important victory this week in Trustees of the California State University v. Public Employment Relations Board, a case involving the California Faculty Association and CSU’s revised student vaccination policy for Fall 2023.
The Court of Appeal overturned the Public Employment Relation Board’s decision on several points, holding that while the California State University (CSU) system does have a duty to bargain over the effects of the policy changes under the Higher Education Employer‑Employee Relations Act (HEERA), there was no substantial evidence that CSU had implemented the revised policy or refused to bargain at the time the unfair practice charge was filed.
Because of this key finding, the court set aside PERB’s determination that CSU violated HEERA. Instead, the matter has been sent back for the parties to engage in effects bargaining—an outcome that validates CSU’s good‑faith approach and supports constructive employer-employee relations going forward.
This result represents a meaningful validation of our team’s strategic approach and careful handling of the administrative record.
Key Highlights
- The court agreed CSU had a duty to bargain over reasonably foreseeable effects of the vaccine policy.
- However, the court found no evidence that CSU had prematurely implemented the policy or definitively refused to bargain.
- Regarding refusal to bargain effects—and adopting a dissent from a 2018 PERB decision (County of Orange (2018) PERB Dec. No. 2594-M) —the Court of Appeal held that where a union demands to bargain regarding effects that are unclear, an employer may satisfy its duty to seek clarification either through formal bargaining or through “informal exchange” such as CSU’s offer to discuss CFA’s position.
- As a result, the court overturned PERB’s unfair practice finding against CSU.
- The matter now returns to the parties for effects bargaining, with CSU’s position strongly reinforced.
This successful outcome reflects the dedication, expertise, and collaborative effort of everyone involved. Congratulations to Justin Sceva, Jeff Sloan, and Dashiell Tucker for their hard work and thoughtful advocacy.