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Appeals Court Rules in University’s Favor Regarding Tenure Arbitration
(Sept. 27, 2007 – The state Court of Appeals has decided in favor of the California State University in an unfair labor practice charge claim by the California Faculty Association. The faculty union had filed an unfair labor practice charge, claiming that the university cannot limit an arbitrator’s authority to overrule a campus president and award tenure in faculty status arbitrations. The Public Employee Relations Board had sustained CFA’s original charge. However, the appellate court has entered an order directing that it be reversed in the university’s favor.
The appellate court ruled that current statutes in the Government and Education Codes do not prohibit the CSU from limiting the powers of an arbitrator hearing a faculty grievance to reverse a campus president’s decision on the appointment, reappointment, tenure or promotion of a faculty member. The issue limiting an arbitrator’s authority will now be considered as part of the collective bargaining process with the faculty union.
Last Updated: September 27, 2007