Trustees of the California State University (PERB 1823HA)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
CALIFORNIA FA CUL TY ASSOCIATION,
Charging Party,
V.
TRUSTEES OF THE CALIFORNIA STATE
UNIVERSITY,
Respondent.
Case No. LA-CE-784-H
Remand from Court
PERB Decision No. 1823a-H
February 14, 2008
Appearances: 	Rothner, Segall & Greenstone by Bernhard Rohrbacher, Attorney, for California
Faculty Association; Donald A Newman, University Counsel, for Trustees of the California
State University.
Before Neuwald, Chair; McKeag and Rystrom, Members.
DECISION
NEUW ALD, Chair: 	The Public Employment Relations Board (PERB or Board) issued
PERE Decision No. 1823-H on February 23, 2006, finding that the Trustees of the California
State University (CSU) violated the Higher Education Employer-Employee Relations Act
(HEERA)1 by conditioning agreement of the parties' memorandum of understanding on the
waiver of a statutory right. 	On March 24, 2006, CSU appealed the Board's decision to the
Court of Appeal, Second Appellate District. 	On September 26, 2007, the Court of Appeal
issued a published decision directing the Board to vacate its decision andto enter a new and
different order denying the California Faculty Association's (CFA) charge. 	(Board of Trustees
of California State University v. Public Employment Relations Bd. (2007) 155 Cal.App.4th
866.) 	On November 2, 2007, CFA filed a petition for review with the California Supreme
Court seeking to overturn the Court of Appeal's decision. 	On December 12, 2007, the
1HEERA is codified at Government Code section 3560, et seq.

Supreme Court denied CF A's petition for review. 	On January 24, 2008, the Court of Appeal's
decision in this matter became final. Accordingly, pursuant to the Court of Appeal's decision,
the Board now issues this decision vacating PERB Decision No. 1823-H and dismissing CFA's
unfair practice charge.
ORDER
The unfair practice charge and complaint in Case No. LA-CE-784-H is hereby
DISMISSED WITHOUT LEAVE TO AMEND.
Members McKeag and Rystrom joined in this Decision.
2