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

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Governor Signs AB 537; Legislative Recap

Governor Brown has signed AB 537.  This bill makes the following changes to the MMBA: a) requires a tentative agreement to be approved by the governing body within 30 days of presentation; and b) makes contractual arbitration subject to the California Arbitration Act. Here's a summary of other legislative action: AB 25: Prohibits public agency from asking a job applicant to disclose social media password(s).  Passed Legislature on 9/11/13.  On Governor’s desk.  Still in Senate. AB 218:  Prohibits public agency from asking a job applicant to disclose criminal conviction history until the agency has determined the applicant meets the minimum employment qualifications.  Passed Legislature on…

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Governor Vetoes AB 729: Union Agent-Represented Worker Privilege

Governor Brown has vetoed AB 729.  This bill would have established a new evidentiary privilege for communications between a union agent and a represented worker.  The Governor issued the following veto message: To the Members of the California State Assembly: I am returning Assembly Bill 729 without my signature. This bill would establish an evidentiary privilege to prohibit the disclosure of confidential communications between represented employees and their union agents. I don't believe it is appropriate to put communications with a union agent on equal footing with communications with one's spouse, priest, physician or attorney. Moreover, this bill could compromise the…

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Governor Signs AB 218: Criminal Conviction Question on Employment Application

Governor Brown has signed AB 218.   This new law prohibits the State and local employers from asking job applicants about criminal conviction history until after the agency has determined that the applicant meets the minimum qualifications for the job.  There is an exception for any position where a criminal background investigation is required by law.  The law also does not prohibit asking about criminal convictions after the agency determines that the applicant meets the minimum qualifications for the job.  The new law takes effective July 1, 2014. Comments: It is very common for public sector job applications to contain a question asking an…

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PERB Issues First Non-Precedential Decision

Coast Community College District Teachers Association (Hays) (2013) PERB Decision No. 2320-E (Non-Precedential) (Issued on 7/25/13) This decision was issued a while ago but I wanted to highlight it as PERB's first "non-precedential" decision.  Starting July 1, 2013, PERB has the authority to designate certain appeals as precedential or non-precedential.  (See PERB Reg. 32320.)  When PERB first issued the Coast Community College decision, it included the following footnote: PERB Regulation 32320, subdivision (d), provides in pertinent part: "Effective July 1, 2013, a majority of the Board members issuing a decision or order pursuant to an appeal filed under Section 32635…

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Legislative Update

The Legislature tried to wrap things up on Thursday, September 12, 2013.  Here’s the latest on bills of interest to people in public sector labor relations (note: since my last post I’ve added some more bills of interest): AB 25: Prohibits public agency from asking a job applicant to disclose social media password(s).  Passed Legislature on 9/11/13.  On Governor’s desk. AB 218:  Prohibits public agency from asking a job applicant to disclose criminal conviction history until the agency has determined the applicant meets the minimum employment qualifications.  Passed Legislature on 9/12/13.  On Governor’s desk. AB 537:  Makes various changes to the MMBA, including:…

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