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

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PERB Opens Door to Remedial Postings on Intranet Sites

Trustees of the California State University (East Bay) (2015) PERB Decision No. 2408-H (Issued on 01/13/15)

When PERB determines that there has been an unfair practice, the traditional remedy is that the party found to have committed the unfair practice is ordered to post a notice incorporating the terms of the order. The notice in such cases states that the offending party has acted unlawfully, is being required to cease and desist from its unlawful activity, and will comply with the order.  PERB requires that the notice be posted in places where the employer customarily posts notices to employees (eg. break room bulletin boards.).

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PERB Advisory Committee Meeting on March 5, 2015

The Public Employment Relations Board (PERB) has announced a meeting of its Advisory Committee for March 5, 2015 at 11 am.  The location will be at the PERB headquarters in Sacramento at 1031 18th Street, First Floor, Room 103, Sacramento, CA. According to the meeting agenda, the Advisory Committee meeting is "an opportunity for the Board, its staff, its constituents and the public to openly discuss the topics outlined below, as well as other topics not listed, relating to PERB’s mission in the administration of the seven collective bargaining statutes over which PERB has jurisdiction."  There is no formal "membership" for the Advisory…

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Take the PERB Constituent Survey

PERB has recently placed on its website a survey for stakeholders. Click here to get to the survey. The survey period runs from February 19 to April 6, 2015.  The survey seeks input on what functions are most important to stakeholders. Among the few specific questions is this one: Would you like to see PERB staff travel to conduct informal settlement conferences and formal hearings at facilities in closer proximity to the parties? Would your opinion change if the time spent by staff traveling reduced the overall time available for processing and investigating charges, drafting warning/dismissal letters and proposed decisions, and lengthen the time…

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Governor Appoints PERB Board Members and General Counsel

Governor Brown has re-appointed Eric Banks to the Public Employment Relations Board (PERB).  (Click here for the news release)  The Governor has also appointed Mark Gregersen to fill the final seat on the five-member PERB.  In addition, the Governor appointed Felix De La Torre as PERB’s new General Counsel.  Here are the bios of the appointees from the Governor’s new release:

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PERB Adopts Banner Health Rule Prohibiting Blanket Confidentiality Clauses During Investigations

Los Angeles Community College District (2014) PERB Decision No. 2404-E (Issued on 12/24/14) In 2012, the National Labor Relations Board (NLRB) issued its decision in Banner Health System (2012) 358 N.L.R.B. No. 93, holding that a “blanket” instruction to employees to maintain confidentiality during a workplace investigation violated Section 7 of the National Labor Relations Act.  Section 7 provides employees the right to engage in “concerted activity” regarding their working conditions.  (Click here to view my post on Banner Health). In Los Angeles Community College District (2014) PERB Decision No. 2404-E, PERB adopted the Banner Health holding.  In this case, an…

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