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

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PERB Chair Martinez Announces Retirement

PERB Chair Anita Martinez has announced that she will retire on July 4, 2016, after more than 40 years of State service. Chair Martinez has the distinction of being the last of PERB’s “original” hires. She opened PERB’s San Francisco Regional Office (SFRO) on July 1, 1976 and subsequently became the Regional Director of the SFRO. During her time at the SFRO, she gained a state-wide reputation for being one of the most effective Board agents for settling cases. Having appeared before her several times in the 1990's, I can say that her reputation was well-earned. In 2011, Governor Brown appointed her to the Board of PERB…

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Every Vote Counts. Really.

Regents of the University of California (2016) PERB Decision No. A434-H (Issued on 02/29/16)

You’ve heard it before: “Every Vote Counts!” But do you believe it? You will after reading about this case.

The Teamsters were trying to organize the “skilled crafts unit” at the University of California at Davis. PERB mailed ballots to the 314 eligible members of the proposed bargaining unit. Each mailing from PERB included a blue, postage-paid return envelope with the voter’s name and address, and blank lines for the voter to print and sign his or her name; an official ballot; a one-page voter instruction sheet; and a white secret ballot envelope. Voters were instructed to mark their ballot, seal it inside the secret ballot envelope, and seal the secret ballot envelope in the blue return envelope.

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PERB: Lack of Notice to Members Violates the DFR

United Teachers of Los Angeles (Raines, et al) (2016) PERB Decision No. 2475-E (Issued on 2/29/16)

It’s well-settled that a union, as the exclusive representative, owes a duty of fair representation (DFR) to its bargaining unit members. The general rule is that a union violates its DFR when its conduct is “arbitrary, discriminatory, or in bad faith.” This standard gives a lot of deference to the union and there are very few cases where PERB has found a violation. So when PERB issues a decision finding a DFR violation, it’s definitely worth taking a look.

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PERB Wins Round 2 on Scope of AB 646 Factfinding

County of Riverside v. PERB (4th DCA Case No. D069065) and San Diego Housing Commission v. PERB (4th DCA Case No. D066237) (Issued on 3/30/16)

Today the Court of Appeal issued its long-awaited decision on the scope of AB 646 factfinding under the MMBA. Since the enactment of AB 646, PERB has taken the position that factfinding is available for any dispute over a negotiable matter, even if the dispute arises outside of negotiations for a memorandum of understanding (MOU). Employers, on the other hand, asserted that AB 646 factfinding only applies to disputes arising out of MOU negotiations. According to employers, factinding would not be available, for example, in a dispute over negotiable effects arising out of a management decision.

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Supreme Court Affirms Friedrichs Decision

After oral argument on January 11, almost all commentators agreed that the Supreme Court was likely to overturn the Ninth Circuit's decision in Friedrichs v. California Teachers Association (Friedrichs) and hold that public sector unions cannot compel agency fees from its bargaining unit members.  However, Justice Scalia's death changed everything.  Today, the Supreme Court issued a terse one-sentence decision stating, "The judgment is affirmed by an equally divided Court." In other words, it was a tie 4-4 vote.  That means the underlying decision stands. Comments So does this decision require California public employers to do anything different? No. The decision means that the status…

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