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

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PERB Advisory Committee Meeting on June 28, 2012

The Public Employment Relations Board (PERB) has announced a meeting of its Advisory Committee for June 28, 2012 at 10 am.  The location will be at the PERB headquarters in Sacramento at 1031 18th Street, First Floor, Room 103, Sacramento, CA. The scheduled agenda items are: (1) discussion of possible revisions to PERB regulations, unrelated to those currently under consideration to implement the provisions of AB 646; and (2) the transfer of the State Mediation and Conciliation Service from the Department of Industrial Relations to PERB. According to the PERB announcement, the text of possible regulation changes will be available prior…

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Pension Reform Measures Pass

Two major pension reform measures at issue in yesterday's election both passed.  Proposition B in San Diego passed with 66 percent of the vote.  Measure B in San Jose passed with 70 percent of the vote.

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AB 1606 Amended to Prohibit Waiver of Factfinding Right

AB 1606 was introduced by Assemblymember Perea on February 7, 2012.  (See my prior post here.)  As introduced, AB 1606 would clarify that mediation is not a prerequisite to fact-finding under the MMBA. On May 17th, the bill was amended.  The main amendment utilizes the language in PERB's emergency regulations with respect to the deadlines for requesting fact-finding.  However, a secondary amendment adds the following sentence to Government Code section 3505.4: "(e) The procedural right of an employee organization to request a factfinding panel cannot be expressly or voluntarily waived." [Note: The comments below have been edited since this post was…

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Be Careful When Locking Yourself Into Progressive Discipline …

Fairfield-Suisun Unified School District (2012) PERB Dec. No. 2262-E (Issued 5/08/12) This case involved an allegation that a school district (district) made an unlawful unilateral change in policy.  Specifically, the parties had a memorandum of understanding (MOU) that required “progressive discipline” to be followed except where the misconduct endangered the safety of others or where there is an emergency.  Subsequently, the district adopted a “zero tolerance” policy for drug use. What gave rise to this specific unfair practice charge was a drug test involving a school bus driver.  During the drug test, the school bus driver refused to comply with the protocols established…

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PERB: JPA’s Are Covered by MMBA

Central Contra Costa Transit Authority (2012) PERB Dec. No. 2263-M (Issued on 5/08/12) The underlying unfair practice charge in this matter was filed by the Amalgamated Transit Union, Local 1605 (ATU) against the Central Contra Costa Transit Authority (Authority). The Office of the General Counsel dismissed the charge on the ground that the Authority, as a joint powers authority, is not an employer covered by the MMBA.  This appeal followed. The sole issue on appeal was whether PERB had jurisdiction over the Authority.  What presumably raised this issue was the Board’s decision in North Orange County Regional Occupational Program (1990)…

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