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PERB Grants IR in City of Fremont Case

Public Employment Relations Board (SEIU Local 1021) v. City of Fremont (Alameda County Superior Court Case No. RG13677821) (PERB Case No. SF-CE-1028-M) PERB recently granted a request for injunctive relief (IR) filed by SEIU Local 1021 against the City of Fremont (City).  The case began when a bargaining unit employee submitted a petition, with the required proof of support, seeking to decertify SEIU.  The City accepted the petition and began preparing to hold a decertification election.  Shortly thereafter, the City concluded that the official recognized employee organization was the Fremont City Employees Association (FACE), and not SEIU; and that FACE was…

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Supreme Court: Unions Have Right to Employee Addresses

County of Los Angeles v. Los Angeles County Employee Relations Commission (Cal. Supreme Court Case No. S191944) (Issued on 5/30/13) The California Supreme Court has finally issued its decision in this case. The issue is one of first impression: whether California’s constitutional right of privacy limits a union’s ability to obtain the home addresses of bargaining unit members from the employer. Facts SEIU represents several bargaining units in the County of Los Angeles. As of 2007, SEIU had contact information for approximately 46,000 union members but did not have that information for about half of the 14,500 non-union members in…

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PERB Schedules First Oral Argument in 10 Years

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) PERB has scheduled oral argument in this case for June 13, 2013, at 2:00 p.m. at the PERB offices in Sacramento.  This will be the first oral argument heard by PERB in a case since 2002, when PERB heard oral argument in the Turlock Joint Elementary School District (PERB Decision No. 1490) case.  Pursuant to the notice from PERB, here is the issue for oral argument: In light of Government Code section 3511, does PERB have the…

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PERB Updates Website to Provide Recent Factfinder Reports

Factfinding continues to be of major interest to MMBA employers.  One of the best ways to get a feel for factfinding is to review factfinding reports.  PERB has recently updated the available factfinding reports on its website.  (Click here to view them.)  There are now 14 separate MMBA factfinding decisions available for review.  I know of at least one other completed report and several more are in the works. My understanding is that there have been over 70 requests for factfinding under the MMBA since the enactment of AB 646.  Not all the requests result in a factfinding report since often times the…

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PERB: Employer Must Clarify Effects Demand Before Rejecting It

Rio Hondo Community College District (2013) PERB Decision No. 2313-E (Issued on 3/21/13) In my opinion this is one of the first major decisions to be issued by the “Brown” Board.  The facts are simple.  The school district informed the union that it intended to install security cameras in its new Learning Resource Center.  The cameras would capture activities such as bargaining unit members coming and going, entering and leaving a break room, and cleaning public areas of the building.  The union requested to bargain over the decision and effects of the decision.  The union stated in its demand to bargain that…

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