What PERB did and didn't do

UC's administration hoped to get the Public Employment Relations Board to find that the UAW strike was a violation of the various union-management contracts' no-strike clauses and effectively enjoin the strike from continuing. That didn't happen.

PERB did issue a complaint on the grounds that the UAW didn't bargain with UC before striking, thus it didn't negotiate in good faith. That is an unfair labor practice.* There is some irony here because UC's position should be that there should be no negotiating due to the no-strike clause. Instead, the union - in UC's view - should file a grievance through the normal grievance-and-arbitration process.

A complaint isn't really a final decision. Rather it is issued because there is some potential merit involved. When a complaint is issued, the charged party (the union in this case) has 20 days to file an answer. But that period already puts the matter into mid-June potentially. It doesn't really help UC get through the spring quarter. And even if the union answers sooner, an actual finding that the union has committed an unfair labor practice (which itself is not guaranteed) could involve a lengthy process.

There is some legal risk to the union if at some point there was a finding that the no-strike clauses were violated and if UC were to pursue the matter. Under some scenarios, UC could pursue the union for monetary damages, citing whatever costs were involved in dealing with the strike.** More at risk is the longer-term climate of labor relations. 

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*The complaint is at https://ucnet.universityofcalifornia.edu/wp-content/uploads/2024/05/SFCO246H_CC1.pdf.

**https://news.bloomberglaw.com/daily-labor-report/university-of-california-grad-student-strike-sparks-legal-fight.