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PERB Bills Awaiting Action by Governor

Several bills affecting PERB are awaiting action by the Governor: SB 1085: Requires public employers to grant reasonable leaves of absence to employees to serve as stewards or officers of the union.  The union must reimburse the public employer for all compensation paid to the employee. AB 2305: Brings peace officer unions under PERB's jurisdiction. I previously wrote about the status of this bill here and here. AB 2886: Brings the Orange County Transportation Authority and the San Joaquin Regional Transit District under PERB's jurisdiction. AB 3034:  Brings the supervisory units of the San Francisco Bay Area Rapid Transit District under PERB's…

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Gov Signs Law Prohibiting Lawsuits for Pre-Janus Damages

Yesterday, the Governor signed SB 846 which protects unions and public employers against lawsuits seeking the payment of agency fees collected prior to the Janus decision.  (Click here for the SacBee article on this bill.) The law adds Government Code section 1159 which provides that it is a "complete defense" to such lawsuits if the fees were collected pursuant to state law - which they all were. According to the Legislature, public employees who paid agency fees prior to June 27, 2018—the date of the Janus decision—had no legitimate expectation of receiving that money under any available cause of action. Therefore unions and…

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AB 2305 Awaits Action by Governor

AB 2305 passed the Legislature on August 27, 2018, and currently awaits action by the Governor.  I previously wrote about this bill here.  In short, AB 2305 would eliminate the carve-out for peace officer unions and bring them under the jurisdiction of PERB, while continuing the carve-out for peace officer individuals.  It will be interesting to see what the Governor does since he previously vetoed AB 530, a similar version of the bill. When I first wrote about this bill, one of my complaints was that the supporters of this bill were characterizing it as a codification of existing law based…

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Janus Webinar on August 20th

On August 20, 2018, the Labor & Employment Law Section of the California Lawyers Association (formerly the State Bar of California) is holding a webinar on Janus. It's titled "Janus v AFSCME: How Unions and Employers are Responding to the Decision" and will be held from 12 noon to 1:00 p.m. You can register by clicking here. I am honored to be one of the presenters for the webinar, along with two of the best-known lawyers in the field: Felix De La Torre, General Counsel for the Public Employment Relations Board and Kerianne Steele with Weinberg, Roger & Rosenfeld. A lot of interesting things…

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AB 2305: Adds Police Unions to PERB’s Jurisdiction

Shutterstock 795306157 AB 2305 was introduced on February 13, 2018, by Assembly Member Rodriguez. AB 2305 would amend the Meyers-Milias-Brown Act (MMBA) to provide that peace officer unions are subject to PERB’s jurisdiction while individual peace officers remain exempt. This change would allow peace officer unions to file unfair practice charges with PERB instead of having to file such charges directly in a superior court.

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