AB 2126 was introduced by Assemblymember Bonta on February 20, 2014. AB 2126 would make the following changes to the MMBA:
I was saddened to learn that Jerilou Cossack passed away last week. In 1976, she was one of three individuals appointed by Governor Jerry Brown to the newly created Educational Employment Relations Board, which would later be renamed the Public Employment Relations Board (PERB). So she was a member of the very first Board and the first woman appointed to PERB. Jerilou served as a member of PERB until 1979. From 1979 until her passing Jerilou served as an arbitrator, mediator and factfinder in labor disputes. To say that she was a well-respected arbitrator would be an understatement. She was a member…
Los Angeles Unified School District (2014) PERB Dec. No. 2359-E (Issued on 3/19/14)
This case involved exceptions to a proposed decision issued by an administrative law judge (ALJ). The ALJ dismissed the underlying unfair practice charge as untimely. In reversing the ALJ, the Board stated that, “[T]his case illustrates the flaws in Board precedent governing the allocation of the burden of proof on the timeliness issue.” Under current precedent, the burden is on the charging party to prove that an unfair practice charge is timely even after the Office of the General Counsel has issued a complaint. (See Long Beach Community College District (2009) PERB Decision No. 2002 (“Long Beach II”).) But according to the Board, “By placing the burden on [charging party] to prove a matter outside the complaint … the Board has created a system that is a trap for the unwary.” Accordingly, the Board overturned Long Beach II as it relates to the allocation of the burden of proof on the timeliness of an unfair practice charge.
Prior to July 1, 2013, every decision issued by the Board was considered precedential. Effective July 1, 2013, the Board has the authority to designate appeals from dismissals as either precedential or non-precedential. (See PERB Reg. 32320(d).) In implementing this new rule, PERB decided to continue assigning non-precedential decisions a case number (e.g. PERB Decision No. 2353-E). However, PERB said that non-precedential decisions would not be listed to its Decision Bank. So if you wanted to read a non-precedential decision you would have to send a request to PERB. Recently, the Board implemented a new system where non-precedential decisions are available via an "Email me this…
City of Sacramento (2014) PERB Decision No. 2354-M (Issued on 2/14/14)
This is a unit modification case. The fight was between two unions, each of whom asserted that a newly created classification should be in its bargaining unit. The City did not have a local rule governing unit determination matters so the matter went to PERB. One union argued that PERB should adopt the NLRB standard set forth in Premcor, Inc. 333 NLRB 1365 (2001) (Premcor).