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

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PERB Issues 2012-13 Annual Report

PERB has released its annual report for fiscal year 2012-2013. (The report is available here.)  The transmittal letter to the Legislature notes that, “The Board now has a full complement of Brown appointees who share the vision and policy objectives of the current administration.”  If you view labor relations as a dichotomy between labor and management, I read this statement as confirmation that the Board is going to tilt towards labor in the coming years.  That’s not unexpected; after all, elections have consequences.  However, I just hope that the Board will move in an incremental and predictable manner to provide as much stability to labor-management relations as possible.

With that in mind, here is my annual summary of the statistics in the report:

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PERB Defends its IR Request in City of Fremont Case

City of Fremont (2013) PERB Decision No. I057-M (Issued on 10/25/13) Back in May, the Board granted a request for injunctive relief (IR) filed by SEIU Local 1021 (SEIU) against the City of Fremont (City).  (Click here for my blog post)  The case involved a representational dispute between SEIU and the Fremont City Employees Association (FACE).  In essence, the issue was whether and how FACE could disaffiliate with SEIU.  Caught in the middle was the City.  Until the dispute was resolved, the City decided to place a hold on bargaining and to place union dues in escrow.  However, by doing so PERB…

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Superior Court: AB 646 Only Applies to Contract Negotiations

County of Riverside v. PERB (SEIU Local 721) (Riverside County Superior Court Case No. RIC 1305661) The scope of factfinding under the MMBA has been hotly contested since AB 646 took effect on January 1, 2012.  Employers have asserted that factfinding should only apply to disputes arising from contract negotiations, and not, for example, to disputes over effects bargaining.  PERB, on the other hand, has consistently taken the position that factfinding is not limited to contract negotiations but applies to all disputes arising from mandatory bargaining.  One of the first challenges to PERB’s position was by the San Diego Housing…

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Lompoc Case Settles; No Decision After Oral Argument

City of Lompoc v. Lompoc Police Officers Association; Lompoc Police Officers Association v. City of Lompoc  (2014) PERB Decision No. 2328-M (Issued on 10/3/14) On June 13, 2013, PERB held its first oral argument since 2004.  The issue before the Board was whether PERB has authority to issue a remedial order in a case involving a “mixed” bargaining unit that includes non-peace officers and peace officers.  It is a fairly esoteric issue but with potential wide-ranging consequences. In a decision issued on October 3, 2013, PERB reported that the parties had reached a settlement in this case and that both…

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AB 537: How Does it Change the MMBA?

As introduced, AB 537 would have made dramatic changes to the MMBA. Many of those dramatic changes were removed from the bill as it advanced through the legislature.  As signed by the Governor, AB 537 only amends two sections of the MMBA.  Here’s a closer look at what it does. Voting on a Tentative Agreement AB 537 amends section 3505.1 of the MMBA to provide that: If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative…

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