Category: California PERB Blog

Contra Costa Co. v. Public Employees Union Local One (--- Cal.Rptr.3d ---, 2008 WL 2136950 (Cal.App. 1 Dist.)In response to a threatened strike by public employees, the County of Contra Costa (County) sought a court injunction prohibiting “essential” employees from participating in any strike. Of the 5800 employees threatening to strike, the County argued that 270 employees were essential to maintaining public health and safety. PERB intervened in the court proceedings to assert that it had exclusive initial jurisdiction over the dispute since any strike would arguably be protected or prohibited by the Meyers-Milias-Brown Act (MMBA). Finding that the MMBA…

Service Employees International Union Local 1292 (PERB Dec. No. 1956-M) (Issued on 5/09/08)This case arose out of the implementation of SEIU’s “California Unite to Win” plan. With respect to local government employees, the plan called for the merger of dozens of existing locals into large regional locals. In Northern California, ten locals were merged into SEIU Local 1021 (“ten to one”).Lisa Marriott was an employee of Tehama County. Her exclusive representative was a Joint Council which consisted of IUOE Local 39 and SEIU Local 1292. Marriott belonged to a group of employees serviced primarily by SEIU Local 1292. In her…

Carmichael Recreation & Park District (PERB Dec. No. 1953-M) (Issued on 4/17/08)It is well-established under PERB precedent that a union is entitled to information "necessary and relevant" to represent employees in its role as the exclusive representative. There has been some confusion over the years as to whether the union’s right to information extends to extra-contractual forums. For example, many unions will agree to represent employees in disciplinary matters before personnel boards and/or civil service commissions. These forums are typically non-contractual and the employee’s right to a hearing is not controlled by the union.When a union does voluntarily assume representation…

Trustees of the California State University (PERB Dec. No. 1949-H) (Issued on 3/24/08)The doctrine of “judicial estoppel” prevents a party from advocating a position in a legal proceeding that is contrary to a position taken previously in the same or some earlier proceeding. In the area of labor & employment law, judicial estoppel is often applied in situations involving disabled employees. A typical example involves an employee who claims he or she cannot perform the functions of a job when applying for disability benefits but asserts a contrary position when applying for a reasonable accommodation or other job benefit. Depending…

Karen Neuwald, Chair of the Public Employment Relations Board, will be speaking on "What's New at PERB" at the March 25th luncheon of the Labor & Employment Law Section of the Sacramento County Bar Association.The luncheon is at 11:45 am. at the Firehouse Restaurant in Sacramento. Cost is $18 for members of the Sacramento County Bar Association or $23 for nonmembers. Contact Melissa Strand at 916-321-4500 or mstrand@kmtg.com for reservations.