Category: PERB Decision

County of Santa Clara (2013) PERB Decision No. A398-M (Issued on 3/08/13) PERB Regulation 32410 allows a party to request that the Board reconsider a decision.  The grounds for a request for reconsideration are generally limited to new evidence that could not have been produced earlier.   Not surprisingly, however, the losing party to a decision often uses a request for reconsideration to take a “second bite of the apple.” So how many times can a party file a request for reconsideration?  Most experienced practitioners know that you can’t file the same motion over and over again just because you don’t…

Jurupa Unified School District (2013) PERB Decision No. 2309-E (Issued on 3/08/13) This case involved an allegation of retaliation against a teacher for protected activity.  The teacher at issue was placed on a 39-month re-employment list pursuant to Education Code section 44978.1.  She then filed a grievance.  In September 2010, the grievance was denied on the ground that the teacher was no longer an employee.  Nine months later, in July 2011, the district sent the teacher a letter clarifying that she remained on the re-employment list.  According to the decision, the teacher remained an employee while on the re-employment list and therefore…

City of Santa Rosa (2013) PERB Decision No. 2308-M (Issued on 3/08/13) This is an interesting case and it’s also the first case authored by Board Member Winslow.  Here are the key facts.  The City and the union reached impasse during bargaining.  After completing required impasse procedures, the City imposed its last, best, final offer (LBFO) which contained a proposal on only one item: a two-tiered retirement plan.  Two weeks later, the City wrote to the union asking to start bargaining again.  The union refused based on the assertion that under Government Code section 3505.7 (formerly 3505.4) once the City imposed its LBFO,…

City of Pinole (2012) PERB Decision No. 2288-M (Issued on 10/15/12) This case involves one of the hottest issues in public sector collective bargaining: employers trying to get employees to pay more towards their pensions.  Here, the city was part of the CalPERS system.  Under the city’s pension plan applicable to firefighters, the employee share is 9% while the employer must cover the rest of the cost, which was about 21%.  Under the prior memorandum of understanding (MOU), the city paid the full employee’s share (9%) while the employees paid part (~4%) of the employer’s share. During negotiations, the city proposed…

Trustees of the California State University (2012) PERB Decision No. 2287-H (Issued on 10/04/12) The essential facts in this case are not in dispute.  The California State University (CSU) exercised its managerial right to implement a policy governing the provision of mental health services for students.  The union, California Faculty Association (CFA), made a timely demand to bargain the effects of the decision.  CFA identified “workload” as one such effect. CSU implemented the executive order without bargaining because it did not believe the executive order made any changes to the “workload” of union members. The Board agent dismissed the charge…