Category: California PERB Blog

I’ve been following with interest a battle over a minimum staffing initiative in the City of Alameda (City). In January of this year, the City began engine company “brownouts” because of the budget crisis. In response, the firefighters’ union began circulating a petition for a local ballot measure that would mandate a minimum staffing level of 27 firefighters per shift. At the time, the City had 24 firefighters per shift.In March, while the petition was still circulating, the City took the unusual step of filing a lawsuit against the measure’s backers. The City argued that the measure constituted “an improper…

I've been told that "Furlough Fridays" are returning to PERB. In July, PERB will be closed on July 10, 17, and 24. After that, PERB will be closed the 1st, 2nd, and 3rd Fridays of each month. If you have a filing due on a furlough Friday, refer to PERB reg. 32130. Note, PERB has not yet announced the Friday closures on its website. Until it does, I recommend confirming the closures with the Board agent or Appeal's office if you have something due just to be safe.

[UPDATED (7/6/09): 2 more Ad decisions, 1 Recon, and 1 Bd Decision bring the total number to 89. Plus, someone pointed out that my historic numbers did not all always include IR requests, so I made that clear.]The fiscal year has ended for PERB. PERB's annual report is not due until October, but I have some preliminary numbers based on my own record keeping.For the 2008-09 fiscal year, my numbers show that PERB issued 89 decisions, not including any requests for injunctive relief. This includes: 80 Board decisions; 3 Reconsideration decisions; and 6 Administrative decisions. In terms of which acts…

Stationary Engineers Local 39 (2009) PERB Decision No. 2041-M (Issued on 6/29/09)In this case, PERB affirmed an ALJ’s proposed decision finding that the Stationary Engineers Local 39 (Local 39) violated the MMBA by refusing to participate in binding interest arbitration pursuant to San Francisco’s local rules. What is interesting in this case is the position advacned by Local 39. Local 39 argued that San Francisco’s binding interest arbitration provision conflicted with the MMBA. According to the decision:“Local 39 contends that interest arbitration conflicts with the MMBA's ‘intent thatagreements be reached by bargaining, rather than being imposed by the unilateral declaration…

Omitrans (2009) PERB Decision No.2030-M (Issued on 5/29/09)Section 3507, subdivision (a), of the MMBA provides, in relevant part, that:“A public agency may adopt reasonable rules and regulations after consultation in good faith with representatives of a recognized employee organization or organizations for the administration of employer-employee relations under this chapter. The rules and regulations may include provisions for all of the following: . . . (6) Access of employee organization officers and representatives to work locations.”Thus, under MMBA section 3507(a)(6), a union’s right to access employer facilities has always been subject to an employer’s reasonable rules. However, the question has…