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

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SB 1085: Requires Release Time for Union Representatives

SB 1085 was introduced on February 12, 2018, by Senator Skinner. As first introduced, this bill gave employee organizations the right to establish reasonable restrictions regarding joining and being dismissed from union membership. However, on April 10, 2018, this bill was amended to require that public employers grant reasonable leaves of absence, without loss of pay, to employees serving as union stewards or union officers. This initial version provided that whether the union would reimburse the employer was subject to negotiations between the parties. However, on May 29, 2018, the bill was amended to provide that, “The exclusive representative or…

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AB 2305: Adds Police Unions to PERB’s Jurisdiction

Shutterstock 795306157AB 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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Supreme Court Issues Janus Decision; Governor Signs SB 866.

Janus v. American Federation of State, County, and Municipal Employees (2018) 585 U. S. ____ The Supreme Court issued its much-anticipated decision in Janus v AFSCME today. In a 5-4 decision, the majority held that forcing public employees to pay "agency fees" to their union, even if they choose not to join and strongly object to the positions the union takes in collective bargaining and related activities, violates the free speech rights of nonmembers by compelling them to subsidize private speech on matters of substantial public concern. In reaching this holding the majority overturned Abood v. Detroit Bd. of Ed. (1977) 431 U. S. 209, which for 41 years has sanctioned…

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PERB: Reconsideration Only Available in Limited Circumstances

Shutterstock 565490518Lake Elsinore USD (2018) PERB Decision No. A446-Ea (Issued on 5/15/18)

This case provided PERB the opportunity to emphasize the limited nature of reconsideration. Under PERB Regulation 32410, a “request for reconsideration” is warranted only in “extraordinary circumstances.” PERB affirmed that, “A party may not use the reconsideration process to register its disagreement with the Board’s legal analysis, to re-litigate issues that have already been decided, or simply to ask the Board to “try again.”

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