Category Archives: PERB Decision

Attorneys’ Fees Awarded as Make Whole Remedy for Refusal to Arbitrate

Sacramento City Unified School District (2020) PERB Dec. No. 2749-E (Issued on 11/02/20) The district and union in this case were parties to a collective bargaining agreement (CBA) containing a grievance procedure culminating in binding arbitration. The union sought to … Continue reading

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Deferral to Arbitration is Immediately Appealable

County of Santa Clara (2020) PERB Dec. No. Ad-482-M (Issued on 11/2/20) The statutory language of EERA, the Dills Act, and JCEERA provides for the deferral of an unfair practice charge to arbitration where certain conditions are met. For example, … Continue reading

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“Make Whole” May No Longer Be Enough

Unions have long complained that PERB’s remedial orders are insufficient.  For example, the remedy for an unlawful unilateral change is to return the parties to their prior positions (i.e. status quo ante). However, the unions often argue that merely returning … Continue reading

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Marysville Rule: Weakened But Still Alive

City of Culver City (2020) PERB Dec. No. 2731-M (Issued on 6/10/20) At issue in this case was a change by Culver City’s police department regarding when employees take a lunch break. For many years, the police department allowed employees … Continue reading

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PERB End of Fiscal Year Numbers for 2019-20

Overview: PERB issued 101 decisions PERB’s fiscal year ended on June 30. According to PERB’s website, PERB issued 101 decisions which was the most decisions issued since fiscal year 2004-05. More details on the year will be included in PERB’s … Continue reading

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