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PERB’s End of Fiscal Year Numbers

CORRECTION:  This post initially stated that PERB issued 52 decisions in 2012-13.  The correct number is 51.  My initial count inadvertently included a decision issued in July 2013.  The numbers below have been corrected. Overview: PERB issues 51 decisions PERB operates on a fiscal year running from July 1 to June 30.  So fiscal year 2012-2013 is over. PERB’s annual report for 2012-2013 is not due until October 1, 2013. However, here are some preliminary numbers based on my tracking of PERB decisions.  For fiscal year 2012-2013, PERB issued 51 board decisions (not including decisions on injunctive relief requests).  The prior year PERB issued 100…

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BART Strike: Could the Governor Have Stopped it Sooner?

The Bay Area Rapid Transit (BART) strike—which began on July 1—ended on July 5 when both sides agreed to extend the expired collective bargaining agreement for 30 days. Because both sides appear to remain far apart, another strike in 30 days is a real possibility.  Leading up to the strike, the big question in my mind was whether Governor Brown would impose a 60-day cooling off period.  He didn’t.  But that begs the question:  Could Governor Brown have intervened to stop the strike? First, it is important to note that while BART employees are “public” employees, they are not covered by the…

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PERB Holds Oral Argument in City of Lompoc Case

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) Today, PERB held its first oral argument in a case since 2004.  All four Board members were in attendance.  The issue before the Board was whether PERB has authority to issue a remedial order in a case involving a “mixed” bargaining unit that includes non-peace officers and peace officers.  Arguing for the union was Michael Morguess of Lackie, Dammeier, McGill, & Ethir.  Arguing for the City was Adrianna Guzman of Liebert Cassidy Whitmore. Each side was allotted…

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PERB Schedules First Oral Argument in 10 Years

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) PERB has scheduled oral argument in this case for June 13, 2013, at 2:00 p.m. at the PERB offices in Sacramento.  This will be the first oral argument heard by PERB in a case since 2002, when PERB heard oral argument in the Turlock Joint Elementary School District (PERB Decision No. 1490) case.  Pursuant to the notice from PERB, here is the issue for oral argument: In light of Government Code section 3511, does PERB have the…

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PERB Holds Meeting at State Bar Conference

Those of us who attended the annual State Bar Labor & Employment Law Section Public Sector Conference on May 3 got a special treat.  The four members of PERB held a special meeting of the Board during a lunch-time question and answer session.  With almost 300 people in the audience it was the best attended Board meeting in the history of PERB.  During the hour-long session, each of the four Board members answered questions submitted by the audience.  Here are the highlights: Cases on Board’s Docket:  The Board was asked the average length of time from docketing (i.e. when all…

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