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State Bar Public Sector Conference on May 3

The 19th Annual Public Sector Conference is coming up on Friday, May 3, 2013, at the Claremont hotel in Berkeley.  The Conference is sponsored by the State Bar Labor & Employment Law section.  If you haven't gone to this conference I highly recommend that you attend.  While the sessions are great, the bigger benefit is being able to interact with public sector practitioners—union, management, and neutrals—all in one place. This year the keynote speaker is Anita Martinez, Chairperson of PERB.  Moreover, all four Members of PERB (Chair Martinez, Eugene Huguenin, Priscilla Winslow, and Eric Banks) will be present for a question and answer…

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PERB Updates Website to Provide Recent Factfinder Reports

Factfinding continues to be of major interest to MMBA employers.  One of the best ways to get a feel for factfinding is to review factfinding reports.  PERB has recently updated the available factfinding reports on its website.  (Click here to view them.)  There are now 14 separate MMBA factfinding decisions available for review.  I know of at least one other completed report and several more are in the works. My understanding is that there have been over 70 requests for factfinding under the MMBA since the enactment of AB 646.  Not all the requests result in a factfinding report since often times the…

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New PERB Regs Approved; Effective July 1, 2013

  On March 18, 2013, the Office of Administrative Law approved two regulatory packages submitted by PERB.  The first package addresses the transfer of the State Mediation and Conciliation Service to PERB.  The second package addresses miscellaneous regulatory items, including providing for electronic filing and allowing the Board to designate only certain decisions as precedential. Both sets of regulations will become effective on July 1, 2013.

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PERB Announces Advisory Committee Meeting In Glendale on February 28, 2013

The Public Employment Relations Board (PERB) has announced a meeting of its Advisory Committee to be held in Glendale on February 28, 2013 at 11 a.m.  (Click here for announcement.)  The location will be at PERB's Glendale office at 700 N. Central Ave., 8th Floor.  (Note: The meeting will be held on the 8th Floor, not the 2nd floor where PERB's main offices are located). The scheduled agenda items are: 1) possible regulation changes concerning the conduct of elections by the State Mediation and Conciliation Service; 2) possible regulation changes concerning appeals of Board agent determinations on MMBA factfinding requests; and 3) the timing of…

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PERB Asserts That Factfinding Is Required Upon Effects Bargaining Impasse

San Diego Housing Commission v. PERB (San Diego County Superior Court Case No. 37-2012-00087278) (Active case) With the passage of AB 646, one of the biggest fears of employers was that PERB would interpret the statute to apply to situations other than bargaining to reach a Memorandum of Understanding (MOU), such as effects bargaining.  Well, our fears have come true.  The San Diego Housing Commission (Commission) is currently embroiled in litigation with PERB over this exact issue. The facts of this case are simple.  In 2012, the Commission notified SEIU Local 221 that it would be laying off employees due…

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