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

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PERB Mid-Year Review

  • News

Half of fiscal year 2011-12 is over.  Here’s a look at some of the key statistics through December 31, 2011: Total Number of Board Decisions (from 7/1/11-12/31/11):  44 Decisions by Statute: MMBA: 20 EERA: 13 Dills Act: 5 HEERA: 4 Court: 2 Decisions by Type: Appeals from Dismissals: 29 (15 of which were DFR’s) Exceptions to ALJ Decisions: 8 Approval of Settlement: 3 Judicial Review: 1 Reconsideration: 2 Representation: 1 Dismissals and ALJ Decisions by Outcome: Dismissal/ALJ Decisions affirmed: 35 Dismissal/ALJ Decisions reversed : 2 Decisions by Board Member: Dowdin: 15 Martinez: 15 McKeag: 7 Huguenin: 7 Comments: 42 of the 44…

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PERB Emergency Regs Approved

On December 29th, the Office of Administrative Law (OAL) approved PERB's emergency regualations implementing AB 646.  Click here to see OAL's approval package.  The emergency regulations are effective January 1, 2012.

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Court Denies Union Appeal in Secondary Boycott Case

On December 19, 2011, the Sixth District Court of Appeal summarily denied a petition for review of PERB’s decision in City of San Jose (2010) PERB Decision No. 2141-M, issued on November 10, 2010. Underlying Decision In City of San Jose, the issue was whether the union violated the MMBA by picketing at private construction sites in a manner that caused work at those sites to shut down.   The Board recognized that the right to strike is well-established in the public sector but noted that concerted activities, such as strikes, can still constitute illegal pressure tactics.   In its decision, the Board…

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PERB Statutory Changes for 2012

Several bills were enacted into law this year that affect the statutes administered by PERB.  I have compiled a summary of all those statutory changes, along with a brief commentary about them.  That document can be found here.  Feel free to distribute to others.

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