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PERB Down to 3 Members

February 29th was the last day of Board member Sally McKeag's term.  With her departure, the 3 remaining Board members are Anita Martinez, Alice Dowdin Calvillo and A. Eugene Huguenin.  Two positions remain vacant.

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PERB Finds County’s Unit Mod Rule Unreasonable

County of Riverside (2012) PERB Decision No. 2239-M  (Issued on 2/24/12) The Riverside Sheriff’s Association (RSA) wanted to represent a handful of classifications already represented by two other unions.  Under PERB’s regulations (which would apply if the county had no local rules), such an action would be accomplished by filing a severance petition.  However, the county’s local rules do not contain a severance provision.  Instead, the county allows the same action to be accomplished through a unit modification petition.  Under the County’s local rules, a unit modification petition must be accompanied by proof of 15% support.  The question before PERB was 15%…

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AB 1655: “Public Employees Bill of Rights” is Resurrected

AB 1655—titled the "Public Employees Bill of Rights Act"—was introduced by Assemblymember Dickinson on February 14, 2012. The bill purports to change from three years to one year the statute of limitation to take disciplinary action against a state employee. The bill also provides state employees a variety of other protections such as priority over outside contractors and non-union state workers to fill permanent, overtime and on-call positions. The bill is sponsored by SEIU Local 1000 and the Union of American Physicians and Dentists. AB 1655 immediately received a lot of press as an example of overreaching by public employees…

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Judges Denies PERB IR Request in San Diego

Public Employment Relations Board vs. City of San Diego (San Diego Superior Court Case No. 37-2012-00092205-CU-MC-CTL). According to news reports, a judge has denied PERB's request to remove a pension reform measure from the June ballot.  PERB went into court his morning on an ex parte motion seeking a tempoary restraining order to prevent the "Comprehensive Pension Reform” measure from appearing on the ballot until PERB adjudicates an unfair practice charge filed by one of the City's unions.  According to the San Diego Union-Tribune, "Judge William Dato said case law is clear that the court should only block a measure when it is “clear…

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AB 1606: Mediation Not Required for Factfinding

AB 1606 was introduced by Assemblymember Perea on February 7, 2012.  AB 1606 would clarify that mediation is not a prerequisite to fact-finding under the MMBA.  Specifically, AB 1606 would make the following changes: (a)  If the mediator is parties are unable to effect settlement of the controversy within 30 days after his or her the appointment of a mediator, or if the dispute was not submitted to mediation within 30 days after the date that either party provided the other with written notice of a declaration of impasse, the employee organization may request that the parties' differences be submitted…

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