Category: PERB Decision

City of Sacramento (2013) PERB Decision No. 2351-M (Issued on 12/24/13)

This is one of those rare cases where the Board overturns an ALJ decision dismissing an unfair practice charge.  Here, the union alleged that the City of Sacramento violated the MMBA by refusing to bargain a decision to lay off all employees in the Supervising Dispatcher classification and reassigning those duties to employees in the Dispatcher III classification.  The ALJ dismissed the case, in part, on a finding that the union failed to request bargaining after learning of the City’s plans.  The Board rejected the proposed decision based on its determination that the City had already made a “firm” decision to proceed with its actions before notifying the union, and therefore, the union was not obligated to request to bargain since the unfair practice had already occurred.

Los Angeles Unified School District (2013) PERB Decision No. 2326-E (Issued on 9/20/13)

It’s taken me a while to find time to write about this case which was issued back in September.  It’s definitely worth reading.  In fact, I would suggest that this case is a must read.  Be warned, it’s long and dense.  But it really gives a great summary of many fundamental labor law concepts and provides a taste of how this Board views collective bargaining.

City of Fremont (2013) PERB Decision No. I057-M (Issued on 10/25/13) Back in May, the Board granted a request for injunctive relief (IR) filed by SEIU Local 1021 (SEIU) against the City of Fremont (City).  (Click here for my blog post)  The case involved a representational dispute between SEIU and the Fremont City Employees Association (FACE).  In essence, the issue was whether and how FACE could disaffiliate with SEIU.  Caught in the middle was the City.  Until the dispute was resolved, the City decided to place a hold on bargaining and to place union dues in escrow.  However, by doing so PERB…

City of Lompoc v. Lompoc Police Officers Association; Lompoc Police Officers Association v. City of Lompoc  (2014) PERB Decision No. 2328-M (Issued on 10/3/14) On June 13, 2013, PERB held its first oral argument since 2004.  The issue before the Board was whether PERB has authority to issue a remedial order in a case involving a “mixed” bargaining unit that includes non-peace officers and peace officers.  It is a fairly esoteric issue but with potential wide-ranging consequences. In a decision issued on October 3, 2013, PERB reported that the parties had reached a settlement in this case and that both…