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

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PERB: We Have Jurisdiction Over Cops

County of Orange (2019) PERB Decision No. 2657-M (Issued on 7/15/19) The saga continues. In this most recent case PERB provides its most comprehensive explanation yet for why it believes it has jurisdiction over “employee organizations” comprised of Penal Code 830.1 peace officers under the Meyers-Milias-Brown Act (MMBA). There is a very long history to this issue. (Click here for one of my prior post). The dispute essentially involves the interpretation of MMBA section 3511 which states: “The changes made to Sections 3501, 3507.1, and 3509 of the Government Code by legislation enacted during the 1999–2000 Regular Session of the Legislature…

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PERB: “Exploding” Offers Can Be Evidence of Bad Faith

City of Arcadia (2019) PERB Decision No. 2648-M (Issued on 6/12/19) This is another very long decision involving several legal issues. I am just going to focus on one issue: PERB’s holding that, ”a party cannot in good faith make an exploding proposal unless it can adequately explain a legitimate basis for doing so.” An “exploding” proposal is one that expires on a given date. Here are the essential facts. The City of Arcadia (City) and the Arcadia Police Civilian Employees Association (Union) were parties to a Memorandum of Understanding (MOU) that expired on June 30, 2014. In September 2013,…

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Initial Thoughts on PERB’s Proposed Regulations

Since my last post PERB has added two more regulatory packages for consideration at its June 13, 2019 meeting. There are now a total of five: 1) exceptions; 2) recusal; 3) subpoenas and motions; 4) e-filing; and 5) SMCS. The proposed regulations are substantial and I encourage practitioners to take some time to review them. Overall, I think the regulations are well-written and will provide much needed guidance in these areas. Because I may not be able to attend the meeting on June 13, I prepared extensive written comments to the Board. My letter to the Board is available by clicking this link: 2019-06-04…

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PERB Invites Comments on Regulatory Packages

PERB has published draft regulatory packages in three areas: 1) filing of exceptions; 2) standards for recusal of PERB personnel; and 3) subpoenas and motions. The draft regulatory packages can be found here. PERB is asking that stakeholders provide comments in person at its meeting on June 13, 2019, or in writing before that date. The proposed regulations are substantial and significant and are definitely worth taking the time to review.  I hope to have some initial comments on the draft regulations soon....

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AB 1066: Striking Employees Eligible for Unemployment Benefits

AB 1066 was introduced by Assembly Member Gonzalez on February 21, 2019. This bill amends the Unemployment Insurance Code to allow striking employees to be eligible for unemployment insurance benefits after four weeks.  Specifically, AB 1066 currently provides that: (b) The ineligibility of an individual to receive benefits pursuant to subdivision (a) shall expire after the first two four weeks of the trade dispute and shall, thereafter, be eligible.The one-week waiting period required by Section 1253 shall not be required in addition to the waiting period established in this subdivision. This bill passed the Assembly on May 22, 2019, and is now in the…

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