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

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PERB Votes to Move Forward with AB 646 Regs

At its meeting on December 8th, the Board voted to move forward with its proposed emergency regulations implementing AB 646.  For a description of what happens next, see my prior post here. UPDATE: There were a lot of people at the meeting.  When it came time for public comments on the proposed regulations only two individuals came foward to speak.  The first was Glenn Rothner who wanted to emphasize the union-side view (and in fairness, the view of some [Correction: I initially forgot to include the word "some"] management-side advocates) that AB 646 requires fact-finding even where there is no mediation. …

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More on Proposed AB 646 Regulations

At its meeting on December 8, 2011, the Board will consider proposed emergency regulations implementing AB 646.  (The proposed emergency regulations can be found here.)  Under California law, state agency regulations must go through a review process by the Office of  Administrative Law (OAL).  Where there is an “emergency” the OAL review process be can truncated.  So assuming the Board votes to move forward on the 8th, what happens next? At least five working days before submitting the emergency regulations to OAL, PERB must provide notice of its proposed emergency regulations by sending the finding of emergency, the text of the regulations, and other required information to all interested…

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Remedy for Retaliation: 4 years of back-pay

Chula Vista Elementary School District (2011) PERB Decision No. 2221-E (Issued on 11/23/11) This is a fairly run-of-the-mill retaliation case.  The employee involved had been a teacher at the Chula Vista Elementary School District (District) for 39 years.  For the last eight years the teacher had also been a “Support Provider” (SP) for the District’s Beginning Teacher Support and Assessment program.  In the spring of 2008, the teacher reapplied to be a SP for the 2008-09 school year.  Her application was rejected.  She alleged—and both the ALJ and Board agreed—that her application to be a SP for the 2008-09 school…

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PERB Releases Proposed AB 646 Regulations

Late today PERB released its final proposed regulations implementing AB 646.  (Click here for the text of the proposed regulations.)  The full Board is scheduled to consider the regulations on December 8, 2011. The great news is that PERB has proposed an outer time limit for an employee organization to request fact-finding.  Under the proposed regulations, if the parties participate in mediation, the employee organization must request fact-finding no sooner than 30 days, but no later than 45 days, after the appointment of the mediator.  If the parties do not participate in mediation, the employee organization must request fact-finding no later than 30 days…

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PERB Advisory Committee Update

I was able to attend the PERB Advisory Committee Meeting on Tuesday, November 29th.  Virtually PERB’s entire staff from all the regional offices was in attendance, so it was great to be able to meet people whose names I see all the time.  The advisory committee is open to everyone so I would certainly encourage PERB practitioners to attend any future meetings.  It's a great opportunity to meet PERB staff and fellow practitioners. PERB Staff Reports PERB staff gave several updates at the Advisory Committee Meeting.  Here are some very brief points from each update: Administrative Report:  PERB is cautiously…

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