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

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What Does It Take To Disqualify a Board Agent?

United Teachers of Los Angeles (Adams) (2011) PERB Decision No. 2205-E (Issued on 9/27/11) Unlike the courts and some administrative agencies, PERB does not have a process allowing for a preemptory challenge against a Board agent and/or Administrative Law Judge.  Instead, PERB regulation 32155 provides that a party can request a Board agent to disqualify himself or herself, “whenever it appears that it is probable that a fair and impartial hearing or investigation cannot be held by the Board agent to whom the matter is assigned.”  What exactly does that mean?  In this case, the Board held that under PERB regulation…

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Deferral to Arbitration: One Board Member Signals a Future Change

Trustees of the California State University (Long Beach) (2011) PERB Decision No. 2201-H (Issued on 9/13/11) This case involved an unfair practice charge by a University lecturer alleging that the California State University retaliated against her for filing grievances and a prior PERB unfair practice charge.  The charge was initially deferred to arbitration under the applicable Memorandum of Understanding (MOU).  An arbitration decision was issued.  The employee, however, did not request “repugnancy review” of the arbitration decision within six months.  Accordingly, the Board upheld the dismissal of the request for repugnancy review because it was not timely. Member Huguenin filed…

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Governor Signs AB 646: Factfinding Becomes Mandatory under MMBA

Governor Brown has signed AB 646, which establishes factfinding for public employers subject to the Meyers-Milias-Brown Act (MMBA).  Under AB 646, upon impasse “the employee organization may request that the parties' differences be submitted to a factfinding panel.”  At the end of the process, the public employer may still implement its “last, best, and final offer” but only after holding a public hearing. Comments: AB 646 is probably the most significant change to any of California’s public sector labor relations acts since the days of Governor Davis.  For those of you who practice under EERA and HEERA, you’re probably wondering what…

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Governor Signs Bill Abolishing Damages for Unlawful Strikes

Governor Brown has signed AB 857 which prohibits PERB from awarding damages "for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike."  In essence, this bill abolishes any monetary liability of unions for staging, or threatening to stage, an unlawful strike. The Governor provided the following signing message: I am signing Senate Bill 857. This measure corrects a recent decision by PERB that it has the authority to award damages in response to a threatened strike. The PERB decision was not faithful to current law and could not have reasonably been anticipated by the parties…

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Governor Vetoes AB 101

In a surprising move, the Governor has vetoed AB 101 which would have allowed the unionization of home child care providers.  In his veto message, the Governor stated: Maintaining the quality and affordability of childcare is a very important goal. So too is making sure that working conditions are decent and fair for those who take care of our children. Balancing these objectives, however, as this bill attempts to do, is not easy or free from dispute. Today California, like the nation itself, is facing huge budget challenges. Given that reality, I am reluctant to embark on a program of…

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