California PERB Decision on UC Vaccination Mandate

In further proof that employers’ efforts to mandate vaccines has gained momentum, on July 26, 2021, the California Public Employment Relations Board (“PERB”) issued a decision that held that the University of California’s (“UC”) 2020 flu vaccine mandate was either (1) not amenable to bargaining or (2) outweighed the benefit of bargaining. PERB held that the UC’s mandating of vaccines is a managerial right due to the need to protect public health related to both COVID-19 and the flu. PERB has prioritized the need to protect the public’s health over collective bargaining rights. At the same time, PERB faulted the UC for failing to meet and confer with the unions over the foreseeable effects of the vaccine mandate.

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