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

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PERB Holds Oral Argument in City of Lompoc Case

City of Lompoc v. Lompoc Police Officers Association; Lompoc Police Officers Association v. City of Lompoc (PERB Case Nos. LA-CO-100-M; LA-CE-555-M; LA-CE-564-M; LA-CE-585-M) Today, PERB held its first oral argument in a case since 2004.  All four Board members were in attendance.  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.  Arguing for the union was Michael Morguess of Lackie, Dammeier, McGill, & Ethir.  Arguing for the City was Adrianna Guzman of Liebert Cassidy Whitmore. Each side was allotted…

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PERB Grants IR in City of Fremont Case

Public Employment Relations Board (SEIU Local 1021) v. City of Fremont (Alameda County Superior Court Case No. RG13677821) (PERB Case No. SF-CE-1028-M) PERB recently granted a request for injunctive relief (IR) filed by SEIU Local 1021 against the City of Fremont (City).  The case began when a bargaining unit employee submitted a petition, with the required proof of support, seeking to decertify SEIU.  The City accepted the petition and began preparing to hold a decertification election.  Shortly thereafter, the City concluded that the official recognized employee organization was the Fremont City Employees Association (FACE), and not SEIU; and that FACE was…

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Supreme Court: Unions Have Right to Employee Addresses

County of Los Angeles v. Los Angeles County Employee Relations Commission (Cal. Supreme Court Case No. S191944) (Issued on 5/30/13) The California Supreme Court has finally issued its decision in this case. The issue is one of first impression: whether California’s constitutional right of privacy limits a union’s ability to obtain the home addresses of bargaining unit members from the employer. Facts SEIU represents several bargaining units in the County of Los Angeles. As of 2007, SEIU had contact information for approximately 46,000 union members but did not have that information for about half of the 14,500 non-union members in…

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AB 1181: Expands Release Time Rights

AB 1181 was introduced by Assemblymember Gray on February 22, 2013 and was amended on April 3, 2013.  AB 1811 would expand release time rights under the MMBA.  Currently, MMBA section 3505.3 provides that an employer shall allow a reasonable number of employee representatives paid time off when "formally meeting and conferring with representatives of the public agency on matters within the scope of representation."  This bill would expand the right to paid time off to: Testifying or serving as the union representative in a PERB proceeding; and Testifying or serving as the union representative in a personnel or merit commission hearings Comments: Practically, this bill should have…

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PERB Schedules First Oral Argument in 10 Years

City of Lompoc v. Lompoc Police Officers Association; Lompoc Police Officers Association v. City of Lompoc (PERB Case Nos. LA-CO-100-M; LA-CE-555-M; LA-CE-564-M; LA-CE-585-M) PERB has scheduled oral argument in this case for June 13, 2013, at 2:00 p.m. at the PERB offices in Sacramento.  This will be the first oral argument heard by PERB in a case since 2002, when PERB heard oral argument in the Turlock Joint Elementary School District (PERB Decision No. 1490) case.  Pursuant to the notice from PERB, here is the issue for oral argument: In light of Government Code section 3511, does PERB have the…

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