Decision 3064H – Regents of the University of California (Berkeley)
SF-CE-1524-H
Decision Date: October 14, 2026
Decision Type: PERB Decision (Non-Precedential)
Description: Charging Party James O’Brien filed exceptions to a proposed decision of an administrative law judge. PERB’s Office of the General Counsel issued a complaint alleging that Respondent Regents of the University of California (University) interfered with employee rights guaranteed by the Higher Education Employer-Employee Relations Act (HEERA; Gov. Code, § 3560 et seq.). The complaint alleged the University interfered with Charging Party’s rights when, on July 15, 2025, it informed him, in writing, that he was prohibited from sharing copies of his five-year merit review file “with anyone other than [his] recognized agent, such as legal counsel.” In subsequent filings with PERB, the University’s representative admitted that the correspondence sent to Charging Party was based on a campus-wide policy or practice existing at that time. The University eventually filed an Amended Answer to the Complaint that admitted all allegations and admitted liability for the one count of interference with employee rights alleged in the Complaint. Based on the University’s admissions the ALJ determined that it had interfered with employee rights in violation of HEERA and the sole issue before the ALJ was that of remedy. In the proposed decision, the ALJ issued a cease-and-desist order referencing the specific facts of the case, rescission of the July 15, 2025, communication to Charging Party and any underlying policy or practice on which it was based, and an opportunity for Charging Party to prove any compensable damages for make-whole relief in compliance proceedings. The ALJ also ordered that the University provide physical and electronic notice of the order to faculty members at the University’s Berkeley campus. Charging Party filed exceptions and the University filed a response.
Disposition: In a non-precedential decision, the Board affirmed the remedies ordered in the Proposed Decision with only slight clarifications.
Decision Headnotes