Category: Court Decisions

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Judges Denies PERB IR Request in San Diego

Public Employment Relations Board vs. City of San Diego (San Diego Superior Court Case No. 37-2012-00092205-CU-MC-CTL). According to news reports, a judge has denied PERB's request to remove a pension reform measure from the June ballot.  PERB went into court his morning on an ex parte motion seeking a tempoary restraining order to prevent the "Comprehensive Pension Reform” measure from appearing on the ballot until PERB adjudicates an unfair practice charge filed by one of the City's unions.  According to the San Diego Union-Tribune, "Judge William Dato said case law is clear that the court should only block a measure when it is “clear…

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Court Denies Union Appeal in Secondary Boycott Case

On December 19, 2011, the Sixth District Court of Appeal summarily denied a petition for review of PERB’s decision in City of San Jose (2010) PERB Decision No. 2141-M, issued on November 10, 2010. Underlying Decision In City of San Jose, the issue was whether the union violated the MMBA by picketing at private construction sites in a manner that caused work at those sites to shut down.   The Board recognized that the right to strike is well-established in the public sector but noted that concerted activities, such as strikes, can still constitute illegal pressure tactics.   In its decision, the Board…

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