Category: California PERB Blog

Davenport v. Washington Ed. Assn. (US 05-1589 and 05-1657) (Decided by Supreme Court on 6-14-07) Washington State allows public-sector unions to charge nonmembers an agency fee equivalent to membership dues and to have the employer collect that fee through payroll deductions. An initiative approved by state voters requires a union to obtain the nonmembers’ affirmative authorization before using their fees for election-related purposes. The issue before the Supreme Court was whether requiring unions to obtain affirmative authorization violated the Constitution. The Supreme Court held that it does not violate the First Amendment for a State to require its public-sector unions…

AB 553 - which purports to give PERB exclusive initial jurisdiction over public employee strikes - has passed the Assembly and is on its way to the Senate.

City of Porterville (PERB Dec. No. 1905M) (Issued 5/10/07)All the statutes administered by PERB have differences in statutory language. Despite these differences, PERB has generally interpreted the statutes the same absent clear legislative intent to the contrary. Thus, a decision regarding the right to representation under EERA would also be applicable under HEERA, Dills, MMBA, etc.One area where there has been some confusion is the right of unions to access employer facilities. EERA and HEERA provide for such a right by statute. The Dills Act does not; but PERB has interpreted the Dills Act to include an “implied” right of…

On April 12, 2007, the Board heard public comments on the proposed regulations concerning proof of support and revocation of proof of support. Union supporters turned out in force and were unanimously opposed to the regulations. Most speakers objected to even the concept of allowing an employee to change his or her mind and revoke proof of support. So employees beware - signing that union authorization card is a lot like joining a fitness club - once you join, you're stuck with it until you die.After the close of the public comment period, the Board took the matter under submission…

AB 220 would enact the Fire Fighters Bill of Rights, similar to the existing Peace Officers Bill or Rights.AB 220 was placed on suspense on April 18, 2007.