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Wednesday, July 28, 2021

Bump in the Road on UC Vaccination Mandate? - Part 2

Yesterday, we posted about a PERB decision that indicated with regard to last year's UC mandate for flu vaccinations that while the mandate was a managerial prerogative of the university, UC still had to bargain in good faith about its effects on union-represented employees.* Presumably, the same reasoning must apply to the current mandate for coronavirus vaccinations. (The decision does not apply to employees not represented by unions nor to students.) At the time, only a summary of the decision was available.

Yours truly has now acquired a copy of the full decision which can be read at:

https://issuu.com/danieljbmitchell/docs/perb_decision-2783h

It might be noted that the decision would likely apply in the case of CSU - which has a vaccine mandate similar to UC's - and to the recent decision by Governor Newsom applying a vaccine-or-weekly-te3st mandate to all state workers and to many workers in state and local health facilities. Private sector health workers are covered by the federal National Labor Relations Board (not PERB), but the NLRB has similar policies with regard to required good faith bargaining and would likely make the same ruling. 

Note that both PERB and the NLRB basically follow a "don't ask/don't tell" policy. That is, cases arise only if someone files one, claiming an unfair practice has been committed. Neither agency has inspectors who seek out issues.

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*http://uclafacultyassociation.blogspot.com/2021/07/bump-in-road-on-uc-vaccination-mandate.html

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