Category: PERB Decision

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PERB Issues First Non-Precedential Decision

Coast Community College District Teachers Association (Hays) (2013) PERB Decision No. 2320-E (Non-Precedential) (Issued on 7/25/13) This decision was issued a while ago but I wanted to highlight it as PERB's first "non-precedential" decision.  Starting July 1, 2013, PERB has the authority to designate certain appeals as precedential or non-precedential.  (See PERB Reg. 32320.)  When PERB first issued the Coast Community College decision, it included the following footnote: PERB Regulation 32320, subdivision (d), provides in pertinent part: "Effective July 1, 2013, a majority of the Board members issuing a decision or order pursuant to an appeal filed under Section 32635…

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Board Modifies Effects Bargaining Rules

County of Santa Clara (2013) PERB Decision No. 2321-M (Issued on 7/25/13) The Board has overturned another set of cases. This case involved an unfair practice charge by the Santa Clara Correctional Peace Officers’ Association (Association) against the County of Santa Clara (County).  The charge alleged ten separate violations of the MMBA.  The one I want to focus on is an allegation that the County unilaterally changed staffing levels at the main jail.  The charge alleged that the County reduced staffing at the main jail from 75 on-duty officers to between 63 and 65 on-duty officers without providing notice to the…

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PERB’s End of Fiscal Year Numbers

CORRECTION:  This post initially stated that PERB issued 52 decisions in 2012-13.  The correct number is 51.  My initial count inadvertently included a decision issued in July 2013.  The numbers below have been corrected. Overview: PERB issues 51 decisions PERB operates on a fiscal year running from July 1 to June 30.  So fiscal year 2012-2013 is over. PERB’s annual report for 2012-2013 is not due until October 1, 2013. However, here are some preliminary numbers based on my tracking of PERB decisions.  For fiscal year 2012-2013, PERB issued 51 board decisions (not including decisions on injunctive relief requests).  The prior year PERB issued 100…

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Board Issues Written Decision Denying IR Request

Trustees of the California State University (East Bay) (2013) PERB Decision No. I056-H (Issued 6/07/13)  PERB has issued a rare written decision denying an Injunctive Relief (IR) request.  The IR request came from a CSU professor who alleged that he was terminated from employment for filing numerous grievances.  The employee sought IR because of the professional damage, and the financial and emotional distress caused by his unemployment.  This was the employee’s fifth request for IR in this case. In a short decision, the Board examined the IR request under the Modesto standards.  The Board assumed that the first prong of…

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PERB Holds Oral Argument in City of Lompoc Case

City of Lompoc v. Lompoc Police Officers Association; Lompoc Police Officers Association v. City of Lompoc (PERB Case Nos. LA-CO-100-M; LA-CE-555-M; LA-CE-564-M; LA-CE-585-M) Today, PERB held its first oral argument in a case since 2004.  All four Board members were in attendance.  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.  Arguing for the union was Michael Morguess of Lackie, Dammeier, McGill, & Ethir.  Arguing for the City was Adrianna Guzman of Liebert Cassidy Whitmore. Each side was allotted…

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