Decision 3034H – Regents of the University of California

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3034H
Decision 3034H – Regents of the University of California
SF-CE-1437-H
Decision Date: July 1, 2026
Decision Type: PERB Decision
Description:
AFSCME requested health and safety records pertaining to employees at Lawrence Berkeley National Laboratory (LBNL), a national research laboratory owned by the U.S. Department of Energy and operated by the University of California (UC). AFSCME alleged that UC violated HEERA by failing to provide the requested records. The administrative law judge (ALJ) sustained AFSCME’s claim and issued a compromise remedy intended to comply with federal privacy protections. Both parties filed exceptions.
Disposition:
The Board affirmed the proposed decision and adjusted the ALJ’s proposed remedy. The Board found that in responding to AFSCME’s request for information (RFI), UC violated HEERA because UC failed to exercise the same diligence and thoroughness as it would in other business affairs of importance. Among other deficiencies, UC’s response was tardy, careless, and unsubstantiated. The Board noted that even if an employer’s RFI response is unlawful, PERB retains discretion to account for legitimate third-party privacy interests when fashioning a remedy. The Board’s remedy therefore accounted for federal privacy protections.
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  Home | Decisions | 3034H Decision 3034H – Regents of the University of California SF-CE-1437-H Decision Date: July 1, 2026 Decision Type: PERB Decision Description: AFSCME requested health and safety records pertaining to employees at Lawrence Berkeley National Laboratory (LBNL), a national research laborato…