PERB: Answer Constitutes a Judicial Admission

City of Calexico (2017) PERB Decision No. 2541-M (Issued on 10/20/17) and Turlock Unified School District (2017) PERB Decision No. 2543-E (Issued on 11/14/17) In both these cases, the proposed ALJ decision found that the employer had committed an unfair practice. The legal issues involved were not novel, but what caught my attention was that in both cases the ALJ held that the employer made a key admission by admitting material allegations in the Answer.  In affirming both proposed decisions, the Board held that if the Answer to the Complaint admits facts in the Complaint, such an admission constitutes a…

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PERB: Only one factfinding per round of negotiations

City of Watsonville (2017) PERB Decision No. A445-M (Issued on 6/27/17)

The City of Watsonville (City) and its unions were in joint negotiations for successor memoranda of understanding (MOUs). The unions declared impasse on June 1, 2015. On August 5, 2015, the unions filed a request for factfinding but withdrew the request on August 12, 2015. The Board noted that if the unions had not withdrawn their request, it likely would have been denied as untimely by PERB.

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PERB: Unlawful to “Blacklist” Former Employees

Monterey Peninsula Unified School District (2017) PERB Decision No. 2530-E (Issued on 6/19/17)

Eric Moberg was a former employee of the Monterey Peninsula Unified School District (MPUSD). Moberg alleged that the MPUSD “blacklisted” him because of his protected activities which caused him to lose jobs with subsequent school districts. The key issue addressed by the Board was whether Moberg had standing, as a former employee, to bring an unfair practice charge against the MPUSD for retaliation. The Board held that he did.

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Court Overturns PERB’s Decision on San Diego Pension Reform

City of San Diego v. PERB (Court of Appeal Case No. D069630) (Issued on 4/11/17) I’ve been waiting for this decision for a long time.  I first wrote about this case in 2012.  (Click here for my blog post)  For those of you unfamiliar with the facts, here is an abbreviated version. Everyone knows the current system of public sector pensions is unsustainable.  In 2012, the citizens of the City of San Diego (City) addressed this issue through the “Citizens Pension Reform Initiative” (CPRI).  Among the biggest supporters of the CPRI was the Mayor of San Diego, Jerry Sanders. Although…

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PERB: Restrictions on Union Insignia Too Broad

Fresno County Superior Court (2017) PERB Decision No. 2517-C (Issued on 2/27/17) (Judicial Appeal Pending) The Service Employees International Union (SEIU) challenged several personnel rules regulating employee dress and appearance adopted by the Fresno County Superior Court (Court). Specifically, the Court's personnel rules: 1) prohibited employees from wearing union insignia anywhere in the courthouse; 2) restricted distribution of literature during working hours in work areas; and 3) banned the display of union writings/images in all work areas visible to the public. Restrictions on Clothing and Displays with Union Messages The Board affirmed the general rule that wearing union clothing, buttons…

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