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

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PERB: Mea Culpa Insufficient to Prevent Unlawful Interference

Jurupa Unified School District (2013) PERB Decision No. 2309-E (Issued on 3/08/13) This case involved an allegation of retaliation against a teacher for protected activity.  The teacher at issue was placed on a 39-month re-employment list pursuant to Education Code section 44978.1.  She then filed a grievance.  In September 2010, the grievance was denied on the ground that the teacher was no longer an employee.  Nine months later, in July 2011, the district sent the teacher a letter clarifying that she remained on the re-employment list.  According to the decision, the teacher remained an employee while on the re-employment list and therefore…

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New PERB Regs Approved; Effective July 1, 2013

  On March 18, 2013, the Office of Administrative Law approved two regulatory packages submitted by PERB.  The first package addresses the transfer of the State Mediation and Conciliation Service to PERB.  The second package addresses miscellaneous regulatory items, including providing for electronic filing and allowing the Board to designate only certain decisions as precedential. Both sets of regulations will become effective on July 1, 2013.

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No “Cooling Off” Period After Imposing LBFO

City of Santa Rosa (2013) PERB Decision No. 2308-M (Issued on 3/08/13) This is an interesting case and it’s also the first case authored by Board Member Winslow.  Here are the key facts.  The City and the union reached impasse during bargaining.  After completing required impasse procedures, the City imposed its last, best, final offer (LBFO) which contained a proposal on only one item: a two-tiered retirement plan.  Two weeks later, the City wrote to the union asking to start bargaining again.  The union refused based on the assertion that under Government Code section 3505.7 (formerly 3505.4) once the City imposed its LBFO,…

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SB 388: Expands POBR to Cover “Interrogations”

SB 388 was introduced by Senator Lieu on February 20, 2013. This bill amends the Public Safety Officers Procedural Bill of Rights (POBR) so that certain rights are triggered with an “interrogation” instead of an “investigation.”  Specifically, the change is as follows: “When any public safety officer is under investigation and subject to interrogation and subjected to interrogation, or is subject to interrogation without being under investigation, by his or her commanding officer, or any other member representative of the employing public safety department, that could lead to punitive action, the interrogation shall be conducted under the following conditions…” Thus,…

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AB 729: Would Establish “Union Agent-Represented Worker” Communication Privilege

AB 729 was introduced by Assemblymember Hernandez on March 4, 2013.  This bill would establish a new evidentiary privilege for communications between a union agent and a represented worker.  Current law provides that communications between an attorney-client and physician-patient, among others, are privileged.  This bill would add communications between a union agent and represented worker to that list. Comments: No legislative analysis has been issued on this bill yet so we don’t know what prompted it.  But I have a hunch.  Last year there was an unpublished appellate decision involving a State Personnel Board case.  The employee asserted a communication…

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