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

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PERB Grants Injunctive Relief to Remove San Diego Pension Reform Measure

San Diego Municipal Employee Association v. City of San Diego (PERB Injunctive Relief Request No. 615; Unfair Practice Charge No. LA-CE-746-M). In a historic move, PERB has granted a request for injunctive relief against the City of San Diego (City) to remove a pension reform measure from the June ballot.  The ballot measure would switch most new employees to 401(k) plans instead of traditional defined-benefit plans.  Under the California Supreme Court’s decision in People ex rel. Seal Beach Police Officers Assn. v. City of Seal Beach (1984) 36 Cal.3d 591, 597 (Seal Beach), the City would be required to bargain the ballot measure with affected…

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Unions Must Give Employees Notice of Agency Fee Option

Office & Professional Employees International Union, Local 29, AFL-CIO & CLC (Fowles) (2012) PERB Decision No. 2236-M  (Issued on 2/07/12)  Most of the decisions issued by PERB involve appeals from dismissals as opposed to appeals from ALJ decisions.  A significant number (almost 50%) of the appeals from dismissals involve unfair practice charges against unions alleging violation of the duty of fair representation (DFR).  The vast majority of DFR charges are dismissed by PERB.  This case is one of those rare situations where PERB reverses a DFR dismissal. Here, the employee alleged that the union failed to inform her that she…

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Board: District’s Elimination of Contract Provision was Retaliation

Stanislaus Consolidated Fire Protection District (2012) PERB Decision No. 2231-M (Issued on 1/20/12) Facts This case is one of those rare occasions where the Board reverses a dismissal.  The facts are somewhat convoluted, but here are the essentials as set forth in the decision.  The Stanislaus Fire Protection District (District) and the Stanislaus Consolidated Firefighters, Local 3399 (Union) had a Memorandum of Understanding (MOU) effective through June 30, 2010.  Section 20-2 of the MOU allowed firefighters to hold union meetings during work hours.  The provision provided examples of how coverage would be maintained during union meetings and provided that, “The…

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NLRB General Counsel Urges Change to Deferral Policy

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Currently, the NLRB follows the standards set forth in Collyer Insulated Wire, 192 NLRB at 843, on when it will defer a charge to arbitration.  Under Collyer, the NLRB will defer a charge to arbitration if: 1) the conflict arises out of a long and productive bargaining relationship and there is no claim of employer enmity towards employees’ exercise of protected rights; 2) the arbitration clause covers the dispute at issue and the employer manifests a willingness to arbitrate the dispute; and 3) the alleged unfair labor practice lies at the center of the dispute.  PERB has adopted the Collyer standards and utilizes the…

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Board: Non-Employee Union Reps Have Right of Access Under MMBA

County of Riverside (2012) PERB Decision No. 2233-M   (Issued on 1/23/12) When PERB took jurisdiction over the MMBA in 2001, there was uncertainty over the rights of employee organizations to access employer facilities in order to communicate with employees.  The uncertainty arose because the MMBA only provides that a public agency “may” adopt reasonable rules and regulations on subjects including, “Access of employee organization officers and representatives to work locations.”  (Gov. Code, §3507, subd. (a)(6).)  In contrast, EERA and HEERA both provide that employee organizations “shall” have the right to reasonable access to employer facilities.  (See Gov. Code, §3543.1, subd…

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