Category: PERB News

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AB 2126 Passes Assembly; Heads to Senate

AB 2126 passed the Assembly on May 29 and now heads to the Senate.  To my knowledge, AB 2126 is the only active bill remaining in this Legislative session that would substantially affect PERB.  AB 2126 would make the following changes to the MMBA: Impose mandatory mediation at the request of either party; Provide that any impasse over a mandatory subject of bargaining is subject to factfinding; Provide that factfinders only need to consider the statutory criteria relevant to a dispute. Comments: I’ve commented previously on this bill.  (Click here for that post)  Since that time the bill has not…

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In Memory of Jerilou Cossack

I was saddened to learn that Jerilou Cossack passed away last week.  In 1976, she was one of three individuals appointed by Governor Jerry Brown to the newly created Educational Employment Relations Board, which would later be renamed the Public Employment Relations Board (PERB).  So she was a member of the very first Board and the first woman appointed to PERB.  Jerilou served as a member of PERB until 1979.  From 1979 until her passing Jerilou served as an arbitrator, mediator and factfinder in labor disputes.  To say that she was a well-respected arbitrator would be an understatement.  She was a member…

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PERB Makes Non-Precedential Decisions Available

Prior to July 1, 2013, every decision issued by the Board was considered precedential.  Effective July 1, 2013, the Board has the authority to designate appeals from dismissals as either precedential or non-precedential.  (See PERB Reg. 32320(d).)  In implementing this new rule, PERB decided to continue assigning non-precedential decisions a case number (e.g. PERB Decision No. 2353-E).  However, PERB said that non-precedential decisions would not be listed to its Decision Bank.  So if you wanted to read a non-precedential decision you would have to send a request to PERB. Recently, the Board implemented a new system where non-precedential decisions are available via an "Email me this…

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MMBA Factfinding: How Long is it Taking?

Now that AB 646 has been in effect for two full years, how has the process worked?  For starters, there is still a lot of uncertainty over the scope of factfinding and even its constitutionality.  It will probably take at least two more years before those issues are resolved.  In terms of how long it is taking to go through the process, I have some preliminary data. 

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Another Court Holds that AB 646 Only Applies to Contract Negotiations

San Diego Housing Commission v. PERB (San Diego County Superior Court Case No. 37-2012-00087278) In November of last year a Riverside County superior court held factfinding under the MMBA applies only to disputes arising from contract negotiations, and not, for example, to disputes over effects bargaining.   (Click here to read that post)  However, even before the Riverside case there was a similar case brewing in San Diego involving the local housing commission.  (Click here to read that post)  A motion for summary judgment was heard in the San Diego case on January 31, 2014.  Significantly, the San Diego court reached…

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