California Faculty Association v. Public Employment Relations Board
Filed February 28, 2008, Third District
Cite as 2008 SOS 1309

Decision on Unfair Labor Practice Case Remanded

Petitioner California Faculty Association (CFA) is the exclusive bargaining representative of several employees of the California State University (CSU).

CFA has complained to the Public Employment Relations Board (PERB) for unfair labor practice against CSU when the latter excluded its members from parking in newly-built parking structures on its Northridge and Sacramento campuses without first giving CFA an opportunity to bargain over the issue.

PERB rejected the charge by concluding that CSU has not committed an unfair labor practice because the latter had no “duty to bargain a change of parking location.” The basis for such conclusion is that “parking location does not involve the ‘employment relationship.

On writ review of PERB’s decision, The California Court of Appeal has set aside the latter’s decision and remanded for consideration of the remaining elements of the unfair labor practice charge. The court, in its decision, concluded as follows:

• The terms and conditions on which CSU provides parking to its employees do include the employment relationship between the university and its employees. Hence, PERB’s determination to the contrary is clearly erroneous.

Thus, the court set aside PERB's decision and remanded the same for re-consideration.