Public Employment Relations Board (PERB) Issues Decision on Mandatory Covid Vaccinations

 

On July 26, 2021, the Public Employment Relations Board (PERB) issued a decision on the issue of the Covid mandatory vaccinations, in the matter of Regents of the University of California, PERB Dec. No. 2783-H:

The PERB found the following:

The decision to adopt the influenza vaccination policy was outside the scope of representation because under the unprecedented circumstances of a potential confluence of the COVID-19 and influenza viruses, the need to protect public health was not amenable to collective bargaining or, alternatively, outweighed the benefits of bargaining over the policy as to University employees.

However, the Board also found that the University was not privileged to implement the vaccination policy before completing negotiations over its effects because it did not meet and confer in good faith prior to implementation. Based on these findings, the University’s implementation of the vaccination policy constituted an unlawful unilateral change in violation of HEERA.

Thus, PERB has held that an employer must negotiate over the effects of a mandatory vaccination policy, prior to implementing such a policy.

AFF encourages all associations to immediately demand negotiations over such a policy when your employer raises the prospect of mandatory vaccinations.

Michael McGill, ESQ