In this guide11 sections
- 1. What happened
- 2. Which law covers CSU employees
- 3. How impasse, mediation and factfinding work
- 4. When a public university strike is generally lawful
- 5. Protected activity and retaliation
- 6. Pay and benefits during a strike
- 7. Unemployment during a trade dispute
- 8. AI at work: what law applies now
- Laws this article relies on
- Frequently asked questions
- Talk to a California employment lawyer
California State University faculty are voting on whether to authorize a strike, and the vote raises questions many public university workers share. CSU employees bargain under the Higher Education Employer-Employee Relations Act (HEERA), not the federal law that covers most private companies. Public employee strikes are generally lawful but qualified, timing can matter, and retaliation for union activity is barred. You generally should not expect pay for time not worked, and unemployment benefits are often unavailable.
- HEERA (Gov. Code §3560 et seq.) gives CSU employees the right to join and take part in union activities, or to decline, and the Public Employment Relations Board (PERB) enforces it.
- At impasse, HEERA provides for mediation and then advisory factfinding. In a K–12 case, PERB said a strike before required impasse procedures are finished is presumed to be bad-faith bargaining, and that presumption can be rebutted.
- A PERB unfair practice charge generally must cover conduct within the past six months (Gov. Code §3563.2).
- Workers who leave work because of a trade dispute are generally ineligible for unemployment while the dispute is active (Unemployment Insurance Code §1262).
1. What happened
EdSource reported in a story published by LAist on Oct. 24, 2026, that the California Faculty Association (CFA), which represents 29,000 professors and other university employees, is asking members to authorize a strike against CSU. Voting runs from Oct. 26 through Nov. 19. If a majority approves, union leadership would be authorized to call a strike. According to the report, CFA declared an impasse this summer after 16 months of negotiation, and the union’s issues include salary increases, faculty workloads and protections related to artificial intelligence.
Watch the NBC Bay Area report: “CSU faculty rallies continue as strike authorization vote begins” (NBC Bay Area, October 28, 2026)
EdSource also reported that CSU recently reached tentative agreements with three other unions covering about 14,000 employees, subject to member and trustee approval. LAist reported on Nov. 2, 2026, that a CSU spokesperson said the system has now reached agreements with four other unions and that it believes continued negotiations, rather than a strike, are the way to a fair and sustainable agreement with CFA.
LAist also reported that members want the right to decide whether to use AI, and do not want their work replaced or evaluated by it. The Coyote Chronicle, the Cal State San Bernardino student newspaper, reported on Oct. 28, 2026, that the two sides are in factfinding with hearings scheduled for November, that no strike dates had been announced and that a CSU spokesperson said a strike “is not inevitable.” As of this writing, no vote result has been reported. This article explains what California law generally provides and takes no side in the dispute.
2. Which law covers CSU employees
HEERA covers employees of California State University and the University of California, including student employees whose jobs depend on their student status. Managerial and confidential employees are excluded (Gov. Code §3562(e)). For comparison, see our guide to public employee rights in California and our post on the California state workers strike.
Under Gov. Code §3565, you may form, join and take part in the activities of an employee organization, and you may also refuse to, subject to any organizational security arrangement HEERA allows. The university must meet and confer with the exclusive representative and take part in impasse procedures in good faith (Gov. Code §3571(c), (e)).
3. How impasse, mediation and factfinding work
PERB helps run this process and decides unfair practice charges.
| Stage | What HEERA generally provides | Section |
|---|---|---|
| Impasse | Either side may declare impasse and ask PERB to appoint a mediator. If PERB finds an impasse, it must appoint one within five working days of the request. | §3590 |
| Factfinding | If mediation has not settled the dispute within 15 days and the mediator declares factfinding appropriate, either side may request a three-member panel. | §3591 |
| Panel report | If there is no settlement within 30 days of the panel’s appointment, or a longer agreed period, the panel issues findings and recommended settlement terms. They are advisory. They stay private for 10 days and may then be made public. | §3593 |
4. When a public university strike is generally lawful
HEERA does not expressly grant a right to strike; §3563.3 only limits damages for an “unlawful strike.” PERB has said the right to take part in union activities, language found in each labor statute it enforces, confers a qualified right to strike. In 1985, the California Supreme Court held that public employee strikes are not unlawful at common law unless clearly shown to pose a substantial and imminent threat to public health or safety. Three limits matter most:
- Timing: In a 2024 decision under the parallel K–12 bargaining law, PERB described a qualified right to strike. It said a strike before impasse, or after an initial impasse but before required procedures are exhausted, is presumed to breach the duty to bargain in good faith. A union may rebut that presumption by showing employer unfair practices materially provoked the strike and that it took part in impasse procedures in good faith. That case did not arise under HEERA. A 2010 PERB decision involving the University of California applied a similar presumption under HEERA, but it has since been overruled in part.
- Essential positions: PERB assesses positions case by case, asking whether a lapse in service would imminently and substantially threaten public health or safety. A 2010 California Supreme Court decision held that disputes over essential employees in a local government strike generally go to PERB first, before a court injunction.
- Contract terms: A no-strike clause in a contract still in effect can limit a strike.
Whether a particular strike is protected depends on these facts. If your union calls one, ask it about your position and any essential designation.
5. Protected activity and retaliation
HEERA makes it unlawful for a higher education employer to retaliate against, discriminate against or coerce employees because they exercised their rights. That protection expressly includes applicants for employment or reemployment (Gov. Code §3571(a)).
Hypothetical example. Dana is a lecturer on term appointments at a public university. After strong reviews, she speaks at a rally, and her chair soon says there are no classes for her next term while newer lecturers are renewed. That alone does not prove retaliation, since enrollment or budgets may explain it. It is a reason to save her records and promptly get advice on a PERB charge.
Other laws can apply at the same time, each with its own deadline:
| Protection | What it covers | Deadline |
|---|---|---|
| HEERA, Gov. Code §§3571, 3563.2 | Reprisals for union activity and other HEERA rights | PERB charge: conduct within the prior six months, generally running from when you knew or should have known |
| CSU whistleblower law, Gov. Code §8547.12 | Reprisal for a protected disclosure by CSU employees, including faculty, and applicants | Sworn written complaint to the university within 12 months of the most recent act; generally required before a damages suit |
| FEHA, Gov. Code §12940(h) | Retaliation for opposing discrimination or harassment | CRD complaint within three years of the last harm (see the CRD complaint process) |
Keep your appointment letters, course assignments, evaluations, emails and dated notes on who said what. See our guide to retaliation claims in California.
6. Pay and benefits during a strike
A striking employee generally should not expect pay for time not worked. Wages already earned are a separate matter. HEERA does not set out a rule for health coverage, leave accrual or retirement service credit during a strike. The answers usually depend on your contract, university policy and how long the stoppage lasts.
- Before any walkout, ask your union and HR in writing how pay, health premiums and service credit would be handled.
- Compare any pay deduction with the time you actually missed, and raise unexplained or selective deductions promptly. Punishing strikers may raise a §3571(a) question.
PERB charges generally must cover conduct within the past six months. Save your appointment letters and dated notes, then get advice on your options.
7. Unemployment during a trade dispute
Unemployment Insurance Code §1262 makes you ineligible if you left work because of a trade dispute, for as long as you stay out of work because the dispute is in active progress at your establishment. The EDD’s trade dispute guidance says the test is whether you acted voluntarily, not why, and that §1262 has no good-cause exception. That guidance adds limits:
- A unilateral employer lockout generally does not disqualify you.
- Refusing to cross a picket line is treated as voluntary, but only if you actually had the opportunity to cross it.
- Union members who had a voice in the strike decision may be disqualified, while nonunion workers without that voice generally are not, if they are later laid off.
- A worker unequivocally discharged and permanently replaced is generally no longer disqualified.
Lecturers should also know Unemployment Insurance Code §1253.3. It generally bars benefits between academic terms for instructional staff who have a contract or “reasonable assurance” of work next term. The statute says reasonable assurance includes an offer not contingent on enrollment, funding or program changes, so a contingent offer may not qualify. Its retroactive-pay clause is written for non-instructional roles, so do not assume it covers you. The EDD decides eligibility. Our post on unemployment after being fired explains eligibility more broadly.
8. AI at work: what law applies now
AI terms can be a bargaining subject when they touch wages, hours or other terms and conditions of employment. But HEERA’s CSU scope of representation excludes the content and conduct of courses, curricula and research programs, and the criteria and standards for appointing, promoting, evaluating and tenuring academic employees, which are a joint responsibility of the academic senate and the trustees. The union has a right to consult on those criteria and standards (Gov. Code §3562(r)). So where a given AI proposal falls may depend on its wording.
Outside bargaining, regulations in effect since October 1, 2025, make clear that an automated-decision system may violate California law if it harms applicants or employees based on protected characteristics, and they require employers to keep related records for at least four years. See the Civil Rights Council’s announcement. Gov. Gavin Newsom also signed SB 947 on September 30, 2026, with a July 1, 2027, effective date. Our post on the No Robo Bosses law explains its limits on AI in discipline and firing; check its definitions and collective bargaining carve-out before assuming it applies to CSU.
Laws this article relies on
| Law | What it does here |
|---|---|
| Gov. Code §3560 et seq. (HEERA) | Bargaining and union-activity rights for CSU and UC employees |
| Gov. Code §§3590–3593 | Impasse, mediation and advisory factfinding |
| Gov. Code §3571 | Bars reprisals and requires good-faith bargaining |
| Gov. Code §3563.2 | Six-month period for PERB charges |
| Unemp. Ins. Code §§1262, 1253.3 | Trade dispute and between-terms limits on benefits |
News sources: EdSource via LAist (October 24, 2026); Coyote Chronicle (October 28, 2026); LAist (November 2, 2026).
Frequently asked questions
Does a strike authorization vote mean a strike will happen?
No. It authorizes union leadership to call one. Talks can continue.
Can a CSU employee be fired for striking?
HEERA bars reprisals for exercising protected rights. Whether a particular strike is protected depends on timing, position and any contract limits, so ask your union first and get advice quickly if you are disciplined.
Do lecturers have the same rights as tenure-track faculty?
The HEERA rights described here do not turn on tenure status. Reprisal protection also reaches applicants for reemployment.
How long do I have to file with PERB?
Generally six months from when you knew or should have known of the conduct.
Talk to a California employment lawyer
Employees First Labor Law represents workers exclusively. If you believe you faced retaliation for union activity or for speaking up at work, we offer free virtual consultations. Contact us or call (310) 853-3461.
This article is general information about California law as of 2026, not legal advice for your situation. Reading it does not create an attorney-client relationship.
