Category: News

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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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PERB Grants Injunctive Relief to Remove San Diego Pension Reform Measure

San Diego Municipal Employee Association v. City of San Diego (PERB Injunctive Relief Request No. 615; Unfair Practice Charge No. LA-CE-746-M). In a historic move, PERB has granted a request for injunctive relief against the City of San Diego (City) to remove a pension reform measure from the June ballot.  The ballot measure would switch most new employees to 401(k) plans instead of traditional defined-benefit plans.  Under the California Supreme Court’s decision in People ex rel. Seal Beach Police Officers Assn. v. City of Seal Beach (1984) 36 Cal.3d 591, 597 (Seal Beach), the City would be required to bargain the ballot measure with affected…

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NLRB General Counsel Urges Change to Deferral Policy

  • News

Currently, the NLRB follows the standards set forth in Collyer Insulated Wire, 192 NLRB at 843, on when it will defer a charge to arbitration.  Under Collyer, the NLRB will defer a charge to arbitration if: 1) the conflict arises out of a long and productive bargaining relationship and there is no claim of employer enmity towards employees’ exercise of protected rights; 2) the arbitration clause covers the dispute at issue and the employer manifests a willingness to arbitrate the dispute; and 3) the alleged unfair labor practice lies at the center of the dispute.  PERB has adopted the Collyer standards and utilizes the…

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PERB Mid-Year Review

  • News

Half of fiscal year 2011-12 is over.  Here’s a look at some of the key statistics through December 31, 2011: Total Number of Board Decisions (from 7/1/11-12/31/11):  44 Decisions by Statute: MMBA: 20 EERA: 13 Dills Act: 5 HEERA: 4 Court: 2 Decisions by Type: Appeals from Dismissals: 29 (15 of which were DFR’s) Exceptions to ALJ Decisions: 8 Approval of Settlement: 3 Judicial Review: 1 Reconsideration: 2 Representation: 1 Dismissals and ALJ Decisions by Outcome: Dismissal/ALJ Decisions affirmed: 35 Dismissal/ALJ Decisions reversed : 2 Decisions by Board Member: Dowdin: 15 Martinez: 15 McKeag: 7 Huguenin: 7 Comments: 42 of the 44…

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Election Day Assessment

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Several measures affecting public sector labor relations were at stake in Tuesday’s election. Here’s a look at what happened: City and County of San Francisco Voters in San Francisco had to choose between two pension reform measures: Measure C and Measure D. The former was expected to save $1.3 billion over the next decade while the latter would save $1.7 billion. Measure C was supported by Mayor Ed Lee who had negotiated the measure with city unions.  Measure D was backed by public defender Jeff Adachi and opposed by city unions.  Measure C passed with 68.68% of the votes cast.  Measure D lost,…

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