Category: Court Decisions

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PERB Asserts That Factfinding Is Required Upon Effects Bargaining Impasse

San Diego Housing Commission v. PERB (San Diego County Superior Court Case No. 37-2012-00087278) (Active case) With the passage of AB 646, one of the biggest fears of employers was that PERB would interpret the statute to apply to situations other than bargaining to reach a Memorandum of Understanding (MOU), such as effects bargaining.  Well, our fears have come true.  The San Diego Housing Commission (Commission) is currently embroiled in litigation with PERB over this exact issue. The facts of this case are simple.  In 2012, the Commission notified SEIU Local 221 that it would be laying off employees due…

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Court: LA “ERB” Has Jurisdiction Over Unfair Practices

Singletary v. Local 18, IBEW (Court of Appeal Case No. B231388) (filed 11/21/12, pub. ord. 12/18/12) This case involves a fairly narrow and esoteric issue: whether an unfair practice charge involving employees of the City of Los Angles must be brought before the City’s Employee Relations Board (ERB), or can the employees go to PERB or directly to court.  The court concluded that ERB has exclusive initial jurisdiction over unfair practice charges involving city employees, just like PERB has exclusive initial jurisdiction over unfair practice charges for (virtually) everyone else.  What caught my attention was the court’s interpretation of the…

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Supreme Court Questions Legality of Agency Shop Provisions

Knox v. Service Employees International Union, Local 1000 (U.S. Supreme Court Case No. 10-1121) (Issued on 6/21/12) This is a fascinating case from the U.S. Supreme Court.  It begins in 2005 when Governor Schwarzenegger called for a special election to consider Propositions 75 and 76.  Prop 75 would have required unions to obtain employees’ affirmative consent before charging them fees to be used for political purposes.  Prop 76 would have given the Governor unilateral authority to reduce appropriations, including appropriations for employee compensation, after a declaration of a fiscal emergency. Not surprisingly, unions throughout California banded together to fight these…

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Court Allows Challenge of San Diego Pension Measure to Proceed Before PERB

San Diego Municipal Employees Association v. Superior Court (Court of Appeal Case No. D061724) (Issued 6/19/12) On June 5, voters in the City of San Diego (City) overwhelmingly approved Proposition B, a citizen-initiated pension reform measure.  Proposition B will place most new city employees into a 401(k) program instead of a traditional defined benefit plan.  Among other changes, the measure also provides for a five-year freeze on the amount of salary used for pension calculations. Not surprisingly, employee unions vehemently opposed Proposition B.  Led by the San Diego Municipal Employees Association (MEA), the unions launched a pre-election challenge to the…

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Court Affirms PERB Decision Finding That Fee Payers Have No Right to Vote in Union Elections

Williams v. PERB (Court of Appeal Case No. B233494) (Issued on 3/13/12) Members of the bargaining unit represented by the California Faculty Association at California State University, Northridge (CSUN) brought an unfair practice charge alleging that their state and federal rights were violated.  Specifically, charging parties—who are fair share fee payers—alleged that CFA improperly denied them the right to vote on an furlough proposal.  Instead, only members of the union were allowed to vote.  PERB dismissed the charge on the ground that PERB has previously held that unions can exclude non-members from voting so long as the union provides nonmembers an…

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