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Election Day Assessment

Several measures affecting public sector labor relations were at stake in Tuesday’s election. Here’s a look at what happened: City and County of San Francisco Voters in San Francisco had to choose between two pension reform measures: Measure C and Measure D. The former was expected to save $1.3 billion over the next decade while the latter would save $1.7 billion. Measure C was supported by Mayor Ed Lee who had negotiated the measure with city unions.  Measure D was backed by public defender Jeff Adachi and opposed by city unions.  Measure C passed with 68.68% of the votes cast.  Measure D lost,…

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PERB Issues 2010-11 Annual Report

PERB recently released its annual report for fiscal year 2010-2011. (The report is available here.) Here are some of the highlights for the 2010-2010 fiscal year: Unfair Practice Charges 744 unfair practice charges (UPCs) were filed in fiscal year 2010-11.  This represents a 7.2% decrease from fiscal year 2009-10 in which 802 UPC’s were filed.  That’s the second year in a row that PERB saw a 7% decrease in the filing of UPC’s.  The 744 figure for 2010-11 is the lowest number of UPCs filed since the 2001-02 fiscal year when 740 UPC’s were filed.  The 2001-02 fiscal year was…

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All About Side-letters

Palomar Community College District (2011) PERB Decision No. 2213-E (Issued on 10/27/11) What is a side-letter and when does it expire?  Those were the key issues in this case involving an alleged unilateral change.  Basically, the employer issued a letter of reprimand based on a 2005 side-letter, which did not contain an expiration clause.  The parties subsequently reached agreement on a MOU in 2006.  That MOU, however, did not contain a zipper clause or any other provision addressing the existence of the 2005 side-letter.  So did the 2005 side-letter expire upon agreement of the 2006 MOU? In other words, did…

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Governor Unveils Pension Reform Plan

Yesterday, Governor Brown unveiled a 12-point plan to “… fix our pension systems so that they are fair and sustainable over a long time horizon.” If enacted, the Governor’s plan would affect both state and local government pensions. The Governor’s proposals are as follows: Equal Sharing of Pension Costs (All Employees and Employers):  Phase in requirement that the annual normal pension cost of pensions be shared equally by employees and employers. “Hybrid” Risk-Sharing Pension Plan (New Employees):  Establish a “hybrid” plan that includes a reduced defined benefit component and a defined contribution component that will be managed professionally to reduce the risk of employee investment loss. …

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PERB Advisory Committee to Meet on November 29

The Labor & Employment Law Section of the Sacramento County Bar Association recently sponsored a luncheon featuring PERB Chair Anita Martinez, PERB Member Eugene Huguenin, and PERB General Counsel Suzanne Murphy.  Among the interesting information presented: PERB is strongly considering adopting emergency regulations to implement MMBA factfinding per AB 646; PERB is also considering adopting regulations (through non-emergency procedures) to implement other recently enacted changes to its statutes, including AB 501 which brings certain JPAs under PERB’s authority; As a prelude to potential rulemaking, there will be a PERB Advisory Committee meeting Tuesday, November 29 at 10:00 am at the PERB…

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