Court and Public Employment Relations Board (PERB) decisions, commentary on California public sector labor relations

<!-- Decorative image --> PERB Constituent Survey
PERB Constituent Survey

New PERB Regs Effective 1/1/22

Effective January 1, 2022, new PERB regulations are going into effect regarding: (1) the circumstances requiring Board members and employees to recuse themselves from proceedings; (2) the filing of exceptions to Proposed Decisions; (3) the use of subpoenas and motions in formal hearings; and (4) standards for obtaining continuances of a formal hearing. The text of the new regulations can be found here. Here are some of the highlights of the new regulations: Subpoenas: The regulations now distinguish between a "testimonial subpoena" and a "records subpoena" and, for the first time, provide timelines for the service of subpoenas. There are…

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<!-- Decorative image --> AB 237: Mandates Health Insurance for Striking Employees.
AB 237: Mandates Health Insurance for Striking Employees.

Governor Signs AB 237: Mandates Continuation of Health Insurance for Striking Employees

On October 9, 2021, the Governor signed AB 237 which makes it an unfair practice for an employer to discontinue its health insurance premium contribution for a striking employee. AB 237 covers any "authorized strike" which is defined as a strike sanctioned by the relevant central labor council or the membership of the union representing the striking employees. So a wildcat strike is not covered. Where there is a sanctioned strike, AB 237 requires the employer to treat the striking employees as if they are working for purposes of any contributions towards health care or other medical coverage. Comments: As…

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<!-- Decorative image --> Board To Consider Changes To Expedited Case Processing Regulation
Board To Consider Changes To Expedited Case Processing Regulation

Board To Consider Changes To Expedited Case Processing Regulation

The Board will discuss proposed revisions to PERB regulation 32147, related to expedited cases, at its October 14, 2021, Board meeting. The text of the proposed draft is available here. PERB is inviting members of the public to comment during PERB’s regularly scheduled Board meeting of October 14, 2021, or in writing prior to or during the meeting. More details can be found on PERB's website here. Currently, PERB Reg 32147 allows PERB to expedite "any case that presents an important question of law or policy under any statute administered by the Board, the early resolution of which is likely…

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<!-- Decorative image --> Governor Signs SB 270: Authorizes Monetary Penalties for Violation of PECC
Governor Signs SB 270: Authorizes Monetary Penalties for Violation of PECC

Governor Signs SB 270: Authorizes Monetary Penalties for Violation of PECC

On September 27, 2021, Governor Newsom signed SB 270 which provides for monetary penalties for certain violations of the Public Employee Communications Chapter (PECC) (Gov. Code §3555 et. seq.). Under the PECC, public employers must provide a union with the “name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the employer, and home address” of any new bargaining unit employee within 30 days of hire and of all bargaining unit employees every 120 days. (Gov. Code, §3558.) This section of the PECC was enacted in 2017 in anticipation of a Janus-type decision from the Supreme Court. Since its enactment, some unions have complained that employers are not providing all the information required by the PECC. As a result, several unions pushed for the enactment of SB 270.

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<!-- Decorative image --> Proposed Initiative Would Bar Public Sector Collective Bargaining
Proposed Initiative Would Bar Public Sector Collective Bargaining

Proposed Initiative Would Bar Public Sector Collective Bargaining

Tim Draper, a venture capitalist, has submitted a ballot initiative that would prohibit collective bargaining for public sector employees in California. Specifically, the initiative would amend the California Constitution to provide that: Notwithstanding any other provision of law, neither the State nor any of its political subdivisions shall contract with a public employee labor organization or otherwise collectively bargain with a public employee labor organization on employer-employee relation matters According to a post from Draper, "Union bosses donate to politicians. Politicians set union salaries and benefits. This can lead to favoritism, or even corruption. Government unions are anathema to being…

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