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PERB Has Issued Several New Decisions

PERB has recently placed on its website 13 decisions issued in the last month. I subscribe to PERB's email notification system for new cases but didn't receive anything in the last month. I've been told that PERB has recently switched to a new computer system, which may require that people re-subscribe to the email notification system.Correction: I've been told that PERB's email notification system is still working, they're just a little behind on sending out the email notifications. So you don't need to sign-up again.

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PERB Chair Tiffany Rystrom Passes Away Following Battle with Cancer

I was deeply saddened today to learn of the passing of PERB Chair Tiffany Rystrom. Governor Schwarzenegger issued the following statement regarding Chair Rystrom's death:"Tiffany Rystrom capped a distinguished career by channeling her passion for the law into public service. As a member of the Public Employment Relations Board, and most recently its Chair, she raised the bar on quality, integrity and consistency with the law for every decision. I was proud to have her serve in my Administration. The prayers of both Maria and I go out to Tiffany’s family and her partner Angela.”Chair Rystrom’s full obituary can be…

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Collective Bargaining: “Be Careful What You Ask For”

California Attorneys v. Schwarzenegger, Court of Appeal Case No. C058415 (Issued on 5/28/09)With the support of Attorney General Jerry Brown, the union representing state attorneys—the California Attorneys, Administrative Law Judges, and Hearing Officers in State Employment (CASE)—brought a lawsuit seeking to force the State to pay higher salaries. For years, CASE has asserted that state attorneys are paid substantially less than comparable public sector attorneys. Through collective bargaining, CASE has been arguing for “pay parity” but has never achieved its goal. According to CASE, the pay situation is so bad that the State has become “the employer of last resort”…

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Status of Binding Interest Arbitration in California

Sacramento County Measure A passed on Tuesday with 52% of the vote. Measure A added additional law enforcement employees to those covered by the County’s binding interest arbitration provision. Because Sacramento County already had binding interest arbitration for deputy sheriffs, Measure A did not add another public entity to the list of those with binding arbitration. As it stands today, there are 24 charter cities/counties in California with some form of binding interest arbitration. They are: Alameda Anaheim Gilroy Hayward Modesto Monterey Napa Oakland Oroville Palo Alto Petaluma Redwood City Sacramento City Sacramento County Salinas San Francisco San Jose San…

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PERB Issues Trio of Decisions Involving Discrimination

Escondido Union Elementary School District (2009) PERB Decision No. 2019-E (Issued on 4/30/09); County of Yolo (2009) PERB Decision No. 2020-M (Issued on 4/30/09); Alvord Unified School District (2009) PERB Decision No. 2021-E (Issued on 4/30/09).A couple of weeks ago PERB released a trio of decisions all involving allegations of discrimination for protected union activities. If you’ve handled a discrimination case before PERB, you know that the main issue is often the motive behind an employment action—what is referred to as the “nexus.” PERB has a set of factors it analyzes in order to determine whether the necessary “nexus” has…

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