Regents of the University of California (University of California, American Federation of Teachers) (PERB 0725HA)

STATE 	OP 	CALIFORNIA
DECISION OP 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
UNIVERSITY COUNCIL, 	AFT, 	LOCALS
2034, 	2199, 	1990, 	1474, 	2141,
1966, 	2226, 	1795 and 2023,
Charging 	Party,
v.
REGENTS OF THE 	UNIVERSITY OF
CALIFORNIA,
Respondent.
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) 	Case No. 	SF-CE-44-H
Remand 	from Court
PERB 	Decision No. 	725a-H
December 	21, 	1990
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Appearances: 	Steiner and Gerstein by Robert S. 	Gerstein,
Attorney, 	for University Council, AFT, Locals 2034, 	2199, 	1990,
1474, 2141, 	1966, 2226, 	1795 and 2023; Susan M. Thomas, Attorney
for Regents 	of 	the 	University of California.
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Before Hesse, 	Chairperson; 	Shank and Camilli, 	Members.
DECISION
CAMILLI, 	Member: 	The Public Employment Relations Board
(PERB or Board) 	issued its Decision No. 	725-H on March 21, 	1989
finding that 	the 	Regents 	of 	the 	University of California
(University) 	unlawfully denied the University Council, 	AFT,
Locals 2034, 	et al. 	(UC-AFT) 	access to the University's internal
mail 	system 	for unstamped union mail. 	PERB 	ordered 	that 	access
be 	granted under 	the 	Higher 	Education Employer-Employee 	Relations
Act 	(HEERA),1 subject to the requirement that 	such delivery of
unstamped union mail 	be 	in compliance with the Private 	Express
HEERA 	is 	codified at Government Code 	section 	3560 	et 	seq.
Unless 	otherwise 	indicated, 	all 	statutory references 	are 	to the
Government Code.
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Statutes 	and 	any 	other 	"reasonable 	regulation" 	within 	the 	meaning
of 	HEERA 	section 3568.
On April 	20, 	1989, 	the University appealed this 	Decision to
the 	First District Court of Appeal, 	arguing that PERB's 	finding
and 	order were 	not 	supported by 	substantial 	evidence 	and 	that
PERB 	had denied 	the 	University due process 	by 	not 	allowing 	it 	to
litigate 	certain factual 	issues. 	The Court of Appeals 	issued a
published decision on May 	16, 	1990 	vacating PERB's 	decision and
remanding the 	case to PERB 	for 	further proceedings. 	(Regents 	of
the 	University of California v. 	Public 	Employment 	Relations 	Board
(1990) 	220 Cal.App.3d 346 	[ 	Cal.Rptr. 	].)
In its 	decision, 	the 	court agreed with the University's
contention that 	the 	record of 	the 	case 	does 	not 	contain
substantial 	evidence to 	support 	a 	finding that 	the 	University 	is
under a duty to deliver 	some UC-AFT mail, 	consistent with 	federal
law and 	reasonable 	University regulations. 	The 	court 	stated 	in
conclusion:
Nothing 	in this 	opinion 	is 	intended to
preclude 	a 	finding that 	the 	University 	is
under a duty 	to deliver 	some 	union
mail. . . .
If this matter is to go forward, 	it must be
on the basis 	of 	evidence of proffered
mailings 	and 	the 	surrounding 	circumstances,
sufficient to 	enable 	the 	Board to determine
the 	applicability 	of 	the 	Private 	Express
Statutes 	to 	such mailings 	and the
reasonableness 	of 	requiring 	such deliveries
as 	may be 	found to be 	lawful. 	. . .
(Id. 	at pp. 	362-363.)
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Accordingly, 	the record must be 	reopened to 	allow UC-AFT the
opportunity 	to 	introduce 	relevant 	evidence which might 	support 	a
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finding 	that 	the 	University's 	policies 	unlawfully deny 	access 	to
its 	internal 	mail 	system 	for unstamped union mail.
ORDER
The 	Board hereby REMANDS 	the matter to 	the 	Chief
Administrative 	Law Judge 	to 	conduct 	a hearing 	for the purpose 	of
taking 	additional 	evidence 	consistent with the 	opinion of 	the
court, 	noted above, 	and, 	upon completion of the hearing, 	make
recommended 	findings 	of 	fact 	and conclusions 	of 	law in
consideration of 	the 	additional 	evidence 	and the 	existing 	record.
Chairperson 	Hesse 	and Member 	Shank 	joined 	in this 	Decision.
w
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