Regents of the University of California (2021) PERB Dec. No. 2783-H (Issued on 7/26/21)

[Full Disclosure: I represented the University in this case so I don’t claim to be unbiased.]

In July 2020, the University of California issued an Executive Order, effective for the 2020-2021 flu season, requiring that students, faculty, and staff who are living, learning, or working at any University location be vaccinated against influenza by November 1. The University issued the order at the recommendation of health professionals who were worried that the intersection of the 2020-2021 flu season with the ongoing COVID-19 pandemic would create an unprecedented public health emergency. Specifically, the University’s experts feared that a winter surge of COVID-19, along with the normal winter surge for influenza, would overwhelm hospitals throughout California. Based on this threat to public health, the University took the position that the Order as it applied to union-represented employees was a managerial right; and therefore the Order was not negotiable with the unions other than over its effects.

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City of Bellflower (2021) PERB Dec. No. 2770-M (Issued on 6/08/21)

The Bellflower City Employees Association (BCEA) filed a petition to decertify and replace AFSCME Local 3745 as the exclusive representative of three bargaining units within the City of Bellflower. While the petition was being processed, AFSCME requested that the City provide it with copies of BCEA’s authorization forms. In response, the City provided AFSCME with unredacted copies of the authorization forms submitted by BCEA. The City did so without notifying BCEA or receiving its consent.

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