Supreme Court: San Diego Must Bargain Pension Reform Measure

Boling v PERB (Cal. Supreme Court Case No. S242034) In 2012, San Diego Mayor Jerry Sanders helped launch the “Citizens Pension Reform Initiative” (CPRI) in an effort to address the unsustainability of the City’s pension obligations. CPRI supporters gathered enough signatures to qualify the CPRI for the ballot. In November 2012, over 65% of the citizens of San Diego voiced their support for pension reform by voting for the CPRI. The unions then filed unfair practice charges against the City arguing that Mayor Sanders was acting in his official capacity in supporting the CPRI and therefore the City had an…

Read More

The Next Battle After Janus: Seeking Retroactive Fees

Rebecca Friedrichs is back. But for the death of Justice Scalia, everyone would be talking about "Friedrichs" instead of Mark Janus. But earlier this month, Friedrichs, along with several other teachers, filed a class-action lawsuit against the California Teachers Association and the National Education Association seeking to recoup the agency fees taken from them prior to the Janus decision. The case is titled Scott Wilford et al v. National Education Association (C.D. Cal. 8:18-cv-01169-JVS-ADS).  The primary cause of action is for violation of plaintiffs' constitutional rights under 42 U.S.C. 1983. I think the plaintiffs have a tough road ahead of them.  After the Supreme…

Read More

SB 1085: Requires Release Time for Union Representatives

SB 1085 was introduced on February 12, 2018, by Senator Skinner. As first introduced, this bill gave employee organizations the right to establish reasonable restrictions regarding joining and being dismissed from union membership. However, on April 10, 2018, this bill was amended to require that public employers grant reasonable leaves of absence, without loss of pay, to employees serving as union stewards or union officers. This initial version provided that whether the union would reimburse the employer was subject to negotiations between the parties. However, on May 29, 2018, the bill was amended to provide that, “The exclusive representative or…

Read More

Supreme Court Issues Janus Decision; Governor Signs SB 866.

Janus v. American Federation of State, County, and Municipal Employees (2018) 585 U. S. ____ The Supreme Court issued its much-anticipated decision in Janus v AFSCME today. In a 5-4 decision, the majority held that forcing public employees to pay "agency fees" to their union, even if they choose not to join and strongly object to the positions the union takes in collective bargaining and related activities, violates the free speech rights of nonmembers by compelling them to subsidize private speech on matters of substantial public concern. In reaching this holding the majority overturned Abood v. Detroit Bd. of Ed. (1977) 431 U. S. 209, which for 41 years has sanctioned…

Read More