Cases & Developments

Opinion Affirming in Part and Vacating in Part. The California Faculty Association (CFA), the bargaining unit representing faculty at California State University, filed an unfair labor practice charge with the California Public Employment Relations Board (PERB) following the university’s decision to change the student vaccination policy. PERB concluded that (1) the policy had reasonably foreseeable effects on faculty health and safety that triggered a duty to bargain and (2) the university’s failure to bargain violated the California Higher Education Employer-Employee Relations Act (HEERA). On appeal, the court agreed with PERB’s conclusion that the university had a duty to bargain, noting that the existence of accommodation processes for immuno-compromised faculty did not eliminate this duty. However, the court rejected PERB’s conclusion that the university violated HEERA, finding no substantial evidence that the university had implemented the policy prior to CFA filing its charge with PERB. The court reasoned that “implementation” requires concrete steps to carry out a decision, and mere adoption of a policy was insufficient.