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

<!-- Decorative image -->

Court Overturns PERB’s Decision on San Diego Pension Reform

City of San Diego v. PERB (Court of Appeal Case No. D069630) (Issued on 4/11/17) I’ve been waiting for this decision for a long time.  I first wrote about this case in 2012.  (Click here for my blog post)  For those of you unfamiliar with the facts, here is an abbreviated version. Everyone knows the current system of public sector pensions is unsustainable.  In 2012, the citizens of the City of San Diego (City) addressed this issue through the “Citizens Pension Reform Initiative” (CPRI).  Among the biggest supporters of the CPRI was the Mayor of San Diego, Jerry Sanders. Although…

Read More
<!-- Decorative image -->

Appellate Court Overturns PERB

City of Escondido v PERB (2017) Court of Appeal Case No. D070462 (Issued on 3/8/17) (Unpublished) The courts of appeal give a lot of deference to PERB. As such the majority of PERB cases that are challenged are affirmed. This is one of those rare cases where PERB gets overturned. This case involved a decision by the City of Escondido to lay off several full-time code enforcement officers, and the City’s subsequent decision to assign some of the work previously performed by the full-time employees to part-time employees who are not in the bargaining unit. In PERB’s view, both decisions…

Read More
<!-- Decorative image -->

PERB: Restrictions on Union Insignia Too Broad

Fresno County Superior Court (2017) PERB Decision No. 2517-C (Issued on 2/27/17) (Judicial Appeal Pending) The Service Employees International Union (SEIU) challenged several personnel rules regulating employee dress and appearance adopted by the Fresno County Superior Court (Court). Specifically, the Court's personnel rules: 1) prohibited employees from wearing union insignia anywhere in the courthouse; 2) restricted distribution of literature during working hours in work areas; and 3) banned the display of union writings/images in all work areas visible to the public. Restrictions on Clothing and Displays with Union Messages The Board affirmed the general rule that wearing union clothing, buttons…

Read More
<!-- Decorative image -->

SB 285: Public Employers Cannot Discourage Union Membership

SB 285 was introduced by Senator Atkins (D-San Diego) on February 9, 2017. SB 285 adds the following section to the Government Code: 3550. A public employer shall not deter or discourage public employees from becoming or remaining members of an employee organization. This new provision would apply to all the collective bargaining statutes administered by PERB, including the MMBA, Dills Act, EERA, HEERA, Trial Court Act, and Trial Court Interpreters Act. PERB would have jurisdiction to enforce this provision. Comments: Government Code section 16645 et seq already prohibits the use of state funds to deter union organizing. SB 285…

Read More
<!-- Decorative image -->

Mark Gregersen Designated Chair of PERB

The Governor has designated PERB Member Mark Gregersen as the Chair of PERB. The prior Chair, Anita Martinez, retired in July of 2016.  Since that time the position of Chair has been vacant. The Board remains at three members: Chair Gregersen, Member Priscilla Winslow and Member Eric Banks. Two Board member positions are vacant.

Read More