PERB Recognizes Unconstitutionality of Binding Interest Arbitration Under SB 440

County of Sonoma (2010) PERB Decision No. 2100-M (Issued 2/25/10)

(Sorry for the delay, I’ve been in trial for almost a month)

In this case, PERB recognized that it was bound by the court of appeal’s decision in County of Sonoma v. Superior Court (2009) 173 Cal.App.4th 322, review denied. In that case, the court held that SB 440, which requires public agencies to submit to binding arbitration in certain disputes with public safety unions, was unconstitutional. Accordingly, it is not an unfair practice for a public agency to refuse a request for binding arbitration under SB 440, which is codified in Code of Civil Procedure section 1299 et. seq.

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