Category: California PERB Blog

Governor Brown has signed AB 646, which establishes factfinding for public employers subject to the Meyers-Milias-Brown Act (MMBA).  Under AB 646, upon impasse “the employee organization may request that the parties' differences be submitted to a factfinding panel.”  At the end of the process, the public employer may still implement its “last, best, and final offer” but only after holding a public hearing. Comments: AB 646 is probably the most significant change to any of California’s public sector labor relations acts since the days of Governor Davis.  For those of you who practice under EERA and HEERA, you’re probably wondering what…

As introduced in February 2011, SB 931 would have prohibited public agencies from using public funds to pay attorneys and consulstants for advice "about ways to minimize or deter the exercise of rights guaranteed [by the MMBA]."  (What is often called a “union avoidance” campaign.) My criticism of the bill was that it was unnecessary and too broadly worded.  Fortunately, SB 931 appears to be dead.  Last Friday the bill was subject to a "gut and amend" and is now a bill about payroll cards.  Whether the provisions in the originally SB 931 will surface elsewhere remains to be seen.  But at least the bill…

Trustees of the California State University (San Marcos) (2011) PERB Decision No. 2195-H (Issued 8/12/11) Facts The California State University Employees Union (CSUEU) filed an unfair practice charge against the California State University at San Marcos (CSU) alleging that CSU committed an unlawful unilateral change and retaliated against an employee for protected activity.  PERB issued a partial dismissal on the unilateral change charge but issued a complaint on the retaliation charge.  CSUEU appealed the partial dismissal to the Board. While the appeal on the partial dismissal was pending, the parties settled the remaining allegations in the complaint at a PERB informal conference.  The settlement stated…

On July 25, 2011, Governor Brown vetoed AB 455.  AB 455 would have given unions the power to appoint half the members of civil service commisions and personnel boards.  The Governor provided the following veto message:To the Members of the Califomia State Assembly:I am returning Assembly Bill 455 without my signature.  This bill prescribes how all local merit or personnel commission members should be appointed.  It requires that half of the members be selected by the employer and half by largest employee bargaining unit.  While intended to create more balanced commissions and address concerns relating to individual commissions, this measure imposes…

AB 455 was introduced by Assemblymember Campos on February 15, 2011 and amended on March 31, 2011.  AB 455 has passed both the Assembly and Senate and was ordered enrolled on July 5, 2011. It now awaits signature from the Governor.  AB 455 would add section 3507.7 to the MMBA, which would provide:(a) When a public agency has established a personnel commission or merit commission to administer personnel rules or a merit system, the governing board of the public agency shall appoint one-half of the members of the commission, and one-half of the members of the commission, nominated by the…