Governor Signs AB 237: Mandates Continuation of Health Insurance for Striking Employees

On October 9, 2021, the Governor signed AB 237 which makes it an unfair practice for an employer to discontinue its health insurance premium contribution for a striking employee. AB 237 covers any "authorized strike" which is defined as a strike sanctioned by the relevant central labor council or the membership of the union representing the striking employees. So a wildcat strike is not covered. Where there is a sanctioned strike, AB 237 requires the employer to treat the striking employees as if they are working for purposes of any contributions towards health care or other medical coverage. Comments: As…

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Proposed Initiative Would Bar Public Sector Collective Bargaining

Tim Draper, a venture capitalist, has submitted a ballot initiative that would prohibit collective bargaining for public sector employees in California. Specifically, the initiative would amend the California Constitution to provide that: Notwithstanding any other provision of law, neither the State nor any of its political subdivisions shall contract with a public employee labor organization or otherwise collectively bargain with a public employee labor organization on employer-employee relation matters According to a post from Draper, "Union bosses donate to politicians. Politicians set union salaries and benefits. This can lead to favoritism, or even corruption. Government unions are anathema to being…

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PERB Constituent Survey

In 2017, PERB launched a Case Processing Efficiencies Initiative to find ways to streamline its processes and procedures. The goal was to reduce PERB's backlog of cases. Since then the Board has implemented many of the key recommendations from the Initiative while others are awaiting regulatory approval. PERB is now asking constituents to take a survey to receive feedback on the improvements that have been made, as well as identify other areas that may need attention. The announcement of the survey is here. Click here for the actual survey.

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SB 270 Advances to Assembly; Provides for Fee Award to PERB

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SB 270 was introduced by Senator Durazo on January 28, 2021. As I previously wrote, SB 270 allows a union to file a special unfair practice charge when an employer provides inaccurate employee contact information. The bill provides that if PERB finds a violation, it “shall” impose a penalty on the employer not to exceed $10,000. SB 270 also provides for an award of attorneys’ fees and costs to the prevailing party if the case goes to a formal hearing before an Administrative Law Judge.

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SB 270: New Attempt at Imposing Monetary Penalties for Violation of PECC

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SB 270 was introduced by Senator Durazo on January 28, 2021. Senator Durazo introduced a nearly identical bill, SB 1173, in the last legislative session. SB 1173 initially passed the Senate, and then passed the Assembly with amendments. However, the Senate was unable to concur in the Assembly amendments before the legislative session ended. The language of SB 1173 is now in SB 270.

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