Category: News

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Legislative Update

The Legislature tried to wrap things up on Thursday, September 12, 2013.  Here’s the latest on bills of interest to people in public sector labor relations (note: since my last post I’ve added some more bills of interest): AB 25: Prohibits public agency from asking a job applicant to disclose social media password(s).  Passed Legislature on 9/11/13.  On Governor’s desk. AB 218:  Prohibits public agency from asking a job applicant to disclose criminal conviction history until the agency has determined the applicant meets the minimum employment qualifications.  Passed Legislature on 9/12/13.  On Governor’s desk. AB 537:  Makes various changes to the MMBA, including:…

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Governor Stops BART Strike

  • News

Late Sunday evening, Governor Jerry Brown utilized his power under the Public Transportation Labor Disputes Act (Gov. Code, §3610 et. seq.) to stop the BART strike scheduled for Monday morning.  The Governor did this by appointing a three member investigation board pursuant to Government Code section 3612.  The board must issue a written report to the Governor within seven days.  During that seven-day period, any strike is prohibited. Under Government Code section 3612, the report of the investigation board “shall include a statement of the facts with respect to the dispute, including the respective positions of the parties, but shall not…

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BART Strike Ban Not That Simple

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As of Sunday evening, it looks like BART employees will be going on strike again Monday morning for the second time in as many months.  Last month’s strike obviously caused a lot of disruption and anger among commuters in the bay area.  Last week there was an article in the SF Chronicle questioning why BART employees are even allowed to strike when transit workers in New York and San Francisco are barred from striking.  The article noted that “banning public transportation strikes or, specifically, a BART strike, would require state legislation that would certainly be opposed by labor unions and…

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BART Strike: Could the Governor Have Stopped it Sooner?

The Bay Area Rapid Transit (BART) strike—which began on July 1—ended on July 5 when both sides agreed to extend the expired collective bargaining agreement for 30 days. Because both sides appear to remain far apart, another strike in 30 days is a real possibility.  Leading up to the strike, the big question in my mind was whether Governor Brown would impose a 60-day cooling off period.  He didn’t.  But that begs the question:  Could Governor Brown have intervened to stop the strike? First, it is important to note that while BART employees are “public” employees, they are not covered by the…

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Supreme Court: LA Must Arbitrate Furlough Decision

City of Los Angeles v. Superior Court (Engineers and Architects Association) (Supreme Court Case No. S192828) (Issued on 6/20/11) In a 4-3 opinion, the California Supreme Court ruled today that the City of Los Angeles must arbitrate its decision to furlough employees in 2009. Facts: Facing a $500 million deficit, the City of Los Angeles (City) passed an ordinance furloughing civilian employees for up to 26 days per fiscal year. Many of the furloughed employees filed grievances under their union contracts arguing that the furloughs were impermissible. After the grievances were denied, the Engineers and Architects union requested arbitration. When the…

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