PERB To Consider New Forms of “Proof of Support”

PERB has published revised draft regulatory packages in three areas: 1) e-filing, including proof of support; 2) continuances; and 3) the recusal of PERB Board members and staff. The draft regulatory packages can be found here. PERB is requesting that stakeholders provide comments at its meeting on October 10, 2019, or preferably provide comments in advance of the meeting. Of particular interest to stakeholders are the proposed modifications to PERB Regulation 32700 regarding proof of support. Based on the initial draft regulation and the public comments made in response to that draft, it was widely anticipated that PERB would open the door…

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PERB Gains Jurisdiction Over Some Child Care Workers

Governor Newsom has signed AB 378, the California Child Day Care Facilities Act, which allows child care workers who care for families that receive child care subsidies from the state to unionize. In a Sacramento Bee article, supporters of AB 378 claim that over 40,000 child care workers will be covered by this new law. AB 378 represents the first expansion of PERB's jurisdiction beyond public employees. Many "perbs" in other states already cover both public employees and some private sector employees excluded by the National Labor Relations Act. PERB now joins these other states. Notably, AB 378 appears designed…

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AB 1066: Striking Employees Eligible for Unemployment Benefits

AB 1066 was introduced by Assembly Member Gonzalez on February 21, 2019. This bill amends the Unemployment Insurance Code to allow striking employees to be eligible for unemployment insurance benefits after four weeks.  Specifically, AB 1066 currently provides that: (b) The ineligibility of an individual to receive benefits pursuant to subdivision (a) shall expire after the first two four weeks of the trade dispute and shall, thereafter, be eligible.The one-week waiting period required by Section 1253 shall not be required in addition to the waiting period established in this subdivision. This bill passed the Assembly on May 22, 2019, and is now in the…

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Supreme Court: Not Yet Time to Examine “California Rule” On Pensions

Cal Fire Local 2881 et al. v. California Public Employees’ Retirement System et al. (State of California) (2019) Case No. S239958 (Issued on 3/4/19) Today the California Supreme Court issued its long-awaited decision in the Cal Fire case. The issue was whether PEPRA unlawfully eliminated the opportunity for employees to purchase "air time" service credit. The Court held that because the Legislature did not intend to create a contractual right to the purchase of air time, there was no contractual impairment when that option was eliminated. Further, the Court held that air time was not a core pension right because it was not granted as deferred compensation…

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Gov. Newsom Makes First Appointment to PERB

In one of his first acts, Governor Newsom has appointed Lou Paulson to the Board of the Public Employment Relations Board (PERB).  Mr. Paulson is the immediate past President of the California Professional Fire Fighters association, the officially chartered state council for the International Association of Fire Fighters. He has served on numerous state and national boards and committees, including the Executive Board of the California Federation of Labor and the Advisory Board for the University of California Labor Center. Mr. Paulson joins the three other members of the Board at PERB: Eric Banks, Arthur Krantz, and Erich Shiners. A fifth board…

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