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

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Coming Soon: The Fight Over Email

I’m often asked what I think are today’s “hot” issues involving PERB and public sector labor relations.  I think one of the hottest issues today involves email.  Specifically, whether a union has a statutory right to send union communications to its members via an employer’s email system.  Under current PERB precedent, the answer is no, there is no statutory right although an employer cannot discriminate against union communications if it allows other non-business communications to be distributed via its email system.  However, there could be challenges to this rule in the near future.

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PERB Clarifies Statute of Limitations in Discharge Cases

Monterey Peninsula Unified School District (2014) PERB Decision No. 2381-E  (Issued on 6/27/14)

Here are the relevant facts:  The employee receives a termination notice on February 9, 2010.  On March 29, 2010, the employee files an unfair practice charge with PERB alleging that the proposed termination is retaliatory.  The employee requests a hearing before the Office of Administrative Hearings (OAH), which concludes that the termination is warranted.  On September 7, 2010, the district adopts the OAH decision sustaining the termination.  On March 14, 2011, the employee files a first amended unfair practice charge with PERB to include allegations regarding his actual termination on September 7, 2010.  The Board agent rejects the allegations regarding the termination as untimely since the first amended charge was filed more than six months after the date of termination.

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PERB Orders Alternative Remedy in Layoff Case

Bellflower Unified School District (2014) PERB Decision No. 2385-E (Issued on 6/30/14)

This case involved a school closure and related layoffs.  In February 2010, the school district notified the union that it is was considering a school closure which would result in layoffs. The union responded that it wanted to bargain over the potential effects. The district did not respond.  In May 2010, the school board voted to abolish 20 positions at the affected school.  The union again requested to bargain over the effects.  While the parties attempted to schedule a bargaining session, one never occurred (it’s not clear from the decision why).

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PERB Gets Additional Positions in New Budget; General Counsel Departing

Here is an update on some happenings at PERB: PERB's Budget for 2014-2015 Gov. Jerry Brown signed the 2014-2015 state budget on May 13.  For PERB, the new budget means the addition of several positions.  In terms of funding, PERB’s 2014-2015 budget is $8,756,000.  This is essentially the same as PERB’s estimated budget expenditures for 2013-2014 of $8,749,000. However, PERB’s new budget includes a $360,000 redirection from operating expenses to personnel expenses.  This will allow PERB to create four new positions from its 2012-2013 position allocation base “to address increased workload due to new statutory requirements, existing workload due to a prior…

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U.S. Supreme Court: Agency Shop Invalid for IHSS Workers

Harris v. Quinn (United States Supreme Case No. 11-681) (Issued 6/30/14)

Today, the United States Supreme Court issued a narrow but very significant decision on the validity of agency shop agreements in the public sector.  In a 5-4 ruling, the Court held that:

The First Amendment prohibits the collection of an agency fee from personal assistants in the Rehabilitation Program who do not want to join or support the union.  (p. 39)

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