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Take the PERB Constituent Survey

PERB has recently placed on its website a survey for stakeholders. Click here to get to the survey. The survey period runs from February 19 to April 6, 2015.  The survey seeks input on what functions are most important to stakeholders. Among the few specific questions is this one: Would you like to see PERB staff travel to conduct informal settlement conferences and formal hearings at facilities in closer proximity to the parties? Would your opinion change if the time spent by staff traveling reduced the overall time available for processing and investigating charges, drafting warning/dismissal letters and proposed decisions, and lengthen the time…

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Governor Appoints PERB Board Members and General Counsel

Governor Brown has re-appointed Eric Banks to the Public Employment Relations Board (PERB).  (Click here for the news release)  The Governor has also appointed Mark Gregersen to fill the final seat on the five-member PERB.  In addition, the Governor appointed Felix De La Torre as PERB’s new General Counsel.  Here are the bios of the appointees from the Governor’s new release:

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NLRB: Employees Have Right to Use Employer’s Email System

Purple Communications, Inc. v. Communications Workers of America, AFL-CIO (NLRB Decision) (Issued on 12/11/14) Last week the National Labor Relations Board (NLRB) issued its long-awaited decision in Purple Communications, Inc. v. Communications Workers of America, AFL-CIO.  In a 3-2 decision, the NLRB overturned its prior precedent in order to hold that: [E]mployee use of email for statutorily protected communications on nonworking time must presumptively be permitted by employers who have chosen to give employees access to their email systems. The NLRB majority characterized this decision as “carefully limited.”  According to the majority, this decision only applies to employees who have…

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PERB Issues 2013-14 Annual Report

PERB has released its annual report for fiscal year 2013-2014. (The report is available here.)  Here is my annual summary of the statistics in the report: Unfair Practice Charges 949 unfair practice charges (UPCs) were filed in fiscal year 2013-14.  However, 173 of these charges were filed by the same individual on behalf of himself and/or other employees over agency fee issues. So if we subtract the 172 ‘duplicate’ UPCs, that still leaves 777 UPCs filed in fiscal year 2013-14.  That’s a 14.6% increase from fiscal year 2012-13, in which 678 UPCs were filed and reverses a two-year trend of…

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PERB Schedules Oral Argument in San Bernardino County case

San Bernardino County Public Attorneys Association v. County of San Bernardino (PERB Case Nos. LA-CE-431-M; LA-CE-554-M) PERB has scheduled oral argument in this consolidated case for October 30, 2014, at 2:00 p.m. at the PERB offices in Sacramento.  This will be only the second oral argument heard by the current Board and only the third time oral argument has been held since 2002.  The last time PERB held oral argument was in 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) in June of 2013. As…

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