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

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PERB’s End of Fiscal Year Numbers

CORRECTION:  This post initially stated that PERB issued 52 decisions in 2012-13.  The correct number is 51.  My initial count inadvertently included a decision issued in July 2013.  The numbers below have been corrected. Overview: PERB issues 51 decisions PERB operates on a fiscal year running from July 1 to June 30.  So fiscal year 2012-2013 is over. PERB’s annual report for 2012-2013 is not due until October 1, 2013. However, here are some preliminary numbers based on my tracking of PERB decisions.  For fiscal year 2012-2013, PERB issued 51 board decisions (not including decisions on injunctive relief requests).  The prior year PERB issued 100…

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BART Strike: Could the Governor Have Stopped it Sooner?

The Bay Area Rapid Transit (BART) strike—which began on July 1—ended on July 5 when both sides agreed to extend the expired collective bargaining agreement for 30 days. Because both sides appear to remain far apart, another strike in 30 days is a real possibility.  Leading up to the strike, the big question in my mind was whether Governor Brown would impose a 60-day cooling off period.  He didn’t.  But that begs the question:  Could Governor Brown have intervened to stop the strike? First, it is important to note that while BART employees are “public” employees, they are not covered by the…

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Supreme Court: LA Must Arbitrate Furlough Decision

City of Los Angeles v. Superior Court (Engineers and Architects Association) (Supreme Court Case No. S192828) (Issued on 6/20/11) In a 4-3 opinion, the California Supreme Court ruled today that the City of Los Angeles must arbitrate its decision to furlough employees in 2009. Facts: Facing a $500 million deficit, the City of Los Angeles (City) passed an ordinance furloughing civilian employees for up to 26 days per fiscal year. Many of the furloughed employees filed grievances under their union contracts arguing that the furloughs were impermissible. After the grievances were denied, the Engineers and Architects union requested arbitration. When the…

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Board Issues Written Decision Denying IR Request

Trustees of the California State University (East Bay) (2013) PERB Decision No. I056-H (Issued 6/07/13)  PERB has issued a rare written decision denying an Injunctive Relief (IR) request.  The IR request came from a CSU professor who alleged that he was terminated from employment for filing numerous grievances.  The employee sought IR because of the professional damage, and the financial and emotional distress caused by his unemployment.  This was the employee’s fifth request for IR in this case. In a short decision, the Board examined the IR request under the Modesto standards.  The Board assumed that the first prong of…

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Court: Access to IA File Before Interview Not Within Scope

Orange County Deputy Sheriffs v. County of Orange (Court of Appeal Case No. G047167) (Issued on 6/12/13) The Orange County Sheriff’s Department (Department) had a past practice of allowing an officer under investigation to view the Department’s internal affairs (IA) file before his or her interview by an investigator. Asserting that this practice hindered investigations and was inconsistent with best practices, the Department unilaterally stopped the practice. The union representing deputy sheriffs then brought this unfair practice charge in superior court. In its decision, the court held that the Department’s order delaying access to the IA files until after the…

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