Court and Public Employment Relations Board (PERB) decisions, commentary on California public sector labor relations

Santa Cruz County Superior Court (PERB Dec. No. 1931I ) (Issued 11/29/07)The Board has issued its first decision under the Trial Court Interpreter Employment and Labor Relations Act (TCIELRA) (Gov. Code, §71800 et. seq.). The decision itself did not break any new legal ground. However, the Board did confirm that in interpreting the TCIELRA it will generally follow decisions issued under the other PERB-administered statutes (Dills, EERA, HEERA, MMBA) and the NLRA.

Los Angeles Unified School District (PERB Dec. No. 1930E) (Issued 11/28/07)This case involved allegations of retaliation brought by two teachers against the San Jose/Evergreen Community College District (District). The two teachers taught classes offered by the South Bay Regional Public Safety Training Consortium (Consortium), which was a joint powers agency between the District and Gavilan Community College District. The issue before the Board was whether the District was a joint employer, together with the Consortium, of the teachers.The ALJ, relying on the Board’s decision in Ventura County Community College District (2003) (PERB Dec. No. 1547), held that the District was…

In one of the most shocking developments this legislative year in the labor and employment area, the Governor signed AB 220 - the Firefighter Bill of Rights (FBOR). The newly enacted statute gives firefighters the same basic rights as peace officers under the Peace Officer Bills of Rights (POBAR). The requirements of AB 220 include:* Specifying the conditions under which investigations and interrogations that may lead to punitive action of firefighters must be conducted;* Requiring that any punitive action against a firefighter be taken within one year of discovery; * Requiring that a firefighter be allowed to read and sign…

Rialto Police Benefit Assn. v. City of Rialto (Court of Appeal Case No. E039649) (Issued 10/3/07) This case arose under the Meyers-Milias-Brown Act and presented an issue of first impression: Is a city’s decision to enter into a contract with the county sheriff for law enforcement services, rather than continue to provide such services through the city’s own police department, subject to the meet and confer requirements of the Meyers-Milias-Brown Act (MMBA) (Gov. Code, § 3500 et seq.)? The court answered in the affirmative.More on this case later.

If enacted, AB 553 would have denied cities and counties the right to seek injunctions directly with the courts when faced with strikes affecting health and safety. Fortunately, the bill was vetoed. Here is the Governor’s message: To the Members of the California State Assembly:I am returning Assembly Bill 553 without my signature. This bill would provide the Public Employment Relations Board (PERB) with exclusive authority to determine whether public health and safety would be at risk in strike or lockout situations. Doing so would add an unnecessary layer of bureaucracy and potentially place the public at risk. Cities and…