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

City of Los Altos (PERB Dec. No. 1891M) (Issued 3/14/07)Union alleged that City had an affirmative obligation to notice the union whenever the City terminated a bargaining unit member, even where the employee had not requested union representation and where the union had not specifically requested the information. The Board held that under well-established precedent, there is no obligation to provide the union information absent a request. Since there was no request, the Board dismissed the charge.The board also stated that even if the union had requested information about an employee termination, absent consent by the employee, compliance with such…

California Faculty Association (Wunder) (PERB Dec. No. 1889H) (Issued 3/1/07)Employee alleged that the union violated its duty of fair representation by failing to take her grievance to arbitration. This is one of the rarer instances where a complaint actually issues on a DFR charge. In the proposed decision, the ALJ applied well-settled standards and found that the union’s decision not to advance the grievance to arbitration was honest and reasonable.

East Whittier City Elementary School District (PERB Dec. No. 1887E) (Issued 2/27/07)District initially filed exceptions to board agent’s unit determination decision. Subsequently, based on a vote of the affected units, the union withdrew its representation petition. Parties then settled and requested that the Board vacate its decision, which the Board agreed to do.

United Teachers of Los Angeles (PERB Dec. No. 1888E) (Issued 2/27/07)Employee alleged that union violated its duty of fair representation. Applying established law, board agent dismissed complaint. Board summarily affirmed.

State of California (Department of Personnel Administration (PERB Dec. No. A359S) (Issued 2/22/07)Board summarily denied employer’s request for special permission to appeal ALJ’s refusal to disqualify himself from case.