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

UPTE-CWA Local 9119 (Witke) (2012) PERB Case No. 2253-H (Issued on 04/23/12) This case involves an appeal from a dismissal.  Charging party asserted two grounds for appeal that I want to discuss.  First, charging party asserted that the Board agent who issued the dismissal engaged in improper “ex parte” contact.  Specifically, charging party asserted that the Board agent improperly talked with the other side without charging party being part of the conversation.  In rejecting any impropriety, the Board held that: [T]here is no prohibition on ex parte communications in the initial charge processing stage of an unfair practice proceeding… Ex parte…

City of Glendale (2012) PERB Dec. No. 2251-M (Issued on 04/18/12) This case involves an unfair practice charge for bad faith bargaining filed by the Glendale City Employees Association (Association) against the City Glendale (City). The charge alleged two theories of bad faith bargaining. The one that caught my attention was the allegation that the City negotiated to impasse on a permissive subject of bargaining. The specific issue was a pension cost-sharing proposal by the City.  The parties had previously agreed to a cost-sharing model to deal with increases in PERS pension costs.  The cost-sharing model provided that the City would pay the full…

National Union of Healthcare Workers (2012) PERB Dec. No. 2249-M (Issued on 04/18/12) This unfair practice charge arises out of a decertification election involving in-home support services workers in Fresno County.  The decertification petition was filed by the National Union of Healthcare Workers (NUHW) against the incumbent SEIU-United Healthcare Workers West (SEIU).  NUHW alleged that SEIU committed unfair practices during the election by 1) interfering with balloting, 2) engaging in physical and verbal threats, 3) misrepresenting information to bargaining unit members, and 4) unlawfully destroying bargaining unit members’ personal property.  NUHW filed an unfair practice charge seeking to have the…

County of Calaveras (2012) PERB Dec. No. 2252-M (Issued on 04/18/12) This case involves an unfair practice charge brought by the Service Employees International Union (SEIU) against the County of Calaveras (County).  SEIU alleged that the County committed an unfair practice by violating its own local rules.  Specifically, SEIU alleged that the County approved a mixed bargaining unit of peace officer and non-peace officer classifications in contravention of its local rules which state, “Peace officers and limited term peace officers must be represented in separate units composed solely of such peace officers.” In deciding whether the County committed an unfair practice,…