Is There an Implied Right of Access under the MMBA? Answer Still Unknown.

City of Porterville (PERB Dec. No. 1905M) (Issued 5/10/07)All the statutes administered by PERB have differences in statutory language. Despite these differences, PERB has generally interpreted the statutes the same absent clear legislative intent to the contrary. Thus, a decision regarding the right to representation under EERA would also be applicable under HEERA, Dills, MMBA, etc.One area where there has been some confusion is the right of unions to access employer facilities. EERA and HEERA provide for such a right by statute. The Dills Act does not; but PERB has interpreted the Dills Act to include an “implied” right of…

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Board Still Considering Regs on Revocation of Proof of Support

On April 12, 2007, the Board heard public comments on the proposed regulations concerning proof of support and revocation of proof of support. Union supporters turned out in force and were unanimously opposed to the regulations. Most speakers objected to even the concept of allowing an employee to change his or her mind and revoke proof of support. So employees beware - signing that union authorization card is a lot like joining a fitness club - once you join, you're stuck with it until you die.After the close of the public comment period, the Board took the matter under submission…

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AB 553 – SEIU Attempts a Power Play

AB 553 would dramatically expand PERB’s jurisdiction under the MMBA to cover all public employee strikes, even those that do not otherwise constitute an unfair practice. Currently, there are categories of strikes that fall outside of PERB’s jurisdiction. For example, the MMBA itself divests PERB of jurisdiction over strikes involving local agency peace officers or employees of the City or County of Los Angeles, even if the strike would otherwise be an unfair practice. PERB also lacks jurisdiction over strikes that do not constitute unfair practices but are illegal under other California laws, such as the Labor Code § 1962…

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