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

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PERB Holds Meeting at State Bar Conference

Those of us who attended the annual State Bar Labor & Employment Law Section Public Sector Conference on May 3 got a special treat.  The four members of PERB held a special meeting of the Board during a lunch-time question and answer session.  With almost 300 people in the audience it was the best attended Board meeting in the history of PERB.  During the hour-long session, each of the four Board members answered questions submitted by the audience.  Here are the highlights: Cases on Board’s Docket:  The Board was asked the average length of time from docketing (i.e. when all…

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AB 218: Limits Inquiry Into an Applicant’s Criminal Convictions

AB 218 was introduced by Assemblymember Dickinson on February 4, 2013 and was recently amended on April 10, 2013.  As amended, AB 218 would prohibit certain public employers from asking about criminal conviction history until after the agency has determined that the applicant meets the minimum qualifications for the job.  Specifically, AB 218 would add section 432.9 to the Labor Code, which states in part: 432.9. (a) A state or local agency shall not ask an applicant for employment to disclose, orally or in writing, information concerning the conviction history of the applicant, including any inquiry about conviction history on any employment…

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Significant Changes Made to AB 537

In a prior post, I discussed how AB 537 would make mediation mandatory under the MMBA.  On April 17, AB 537 was significantly amended to make the following additional changes to the MMBA: Prohibits employers from proposing a negotiating ground rule that limits the ability of union negotiators to communicate directly with the employer’s governing body (i.e. city council, board of supervisors); Eliminates requirement that a tentative agreement (TA) on a MOU be approved by the governing body.  Instead, the employer would be bound to a TA upon ratification by the union; Makes contractual arbitration subject to the California Arbitration Act;…

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State Bar Public Sector Conference on May 3

The 19th Annual Public Sector Conference is coming up on Friday, May 3, 2013, at the Claremont hotel in Berkeley.  The Conference is sponsored by the State Bar Labor & Employment Law section.  If you haven't gone to this conference I highly recommend that you attend.  While the sessions are great, the bigger benefit is being able to interact with public sector practitioners—union, management, and neutrals—all in one place. This year the keynote speaker is Anita Martinez, Chairperson of PERB.  Moreover, all four Members of PERB (Chair Martinez, Eugene Huguenin, Priscilla Winslow, and Eric Banks) will be present for a question and answer…

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AB 25: Prohibits Public Employer From Asking for Social Media Password

Last year Assemblymember Campos authored AB 1844 which prohibits private employers from requiring that applicants or employees give up their email or social media account passwords.  In signing AB 1844, Governor Brown stated that, "The Golden State is pioneering the social media revolution and these laws will protect all Californians from unwarranted invasions of their personal social media accounts." This session Assemblymember Campos has authored AB 25, which would extend the provisions of AB 1844 to the public sector.  Specifically, AB 25 would amend Labor Code section 980 to define its coverage to include "the state, a city, a county, or a…

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