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

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Legislative Update

An update on legislation related to public sector labor relations: AB 455 (Allows union to appoint half the members of a personnel commission):  Vetoed by Governor on 7/25/11 SB 857 (see also AB 1318) (Limits damages for unlawful strikes):  Passed Legislature on 9/1/11; awaits actions by Governor SB 609 (Requires PERB to issue decision in 180 days in representation cases):  Signed by Governor on 9/6/11 AB 646 (Imposes impasse procedures, including factfinding, under the MMBA):  Passed Legislative on 9/6/11; awaits action by Governor AB 101 (Allows home child care providers to unionize):  Passed Legislature on 9/9/11; awaits action by Governor Other Bills: SB…

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SB 931: “Union Advoidance” Bill is Gutted

As introduced in February 2011, SB 931 would have prohibited public agencies from using public funds to pay attorneys and consulstants for advice "about ways to minimize or deter the exercise of rights guaranteed [by the MMBA]."  (What is often called a “union avoidance” campaign.) My criticism of the bill was that it was unnecessary and too broadly worded.  Fortunately, SB 931 appears to be dead.  Last Friday the bill was subject to a "gut and amend" and is now a bill about payroll cards.  Whether the provisions in the originally SB 931 will surface elsewhere remains to be seen.  But at least the bill…

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AB 101: Last Minute Amendment Would Add Child Care Providers to PERB’s Jurisdiction

It’s crunch time in the Legislature.  Last Friday—the deadline in the Assembly to amend any pending bills—AB 101 was amended to provide for the unionization of home child care providers.  AB 101 originally dealt with identifying general fund savings in the state’s developmental services system.  So the amendment of AB 101 was a classic “gut and amend.” The new AB 101 is sponsored by Speaker Perez with Senator Steinberg as the principal co-sponsor.  AB 101 would allow child care providers the right to unionize and participate in collective bargaining.  According to a post by the Sacramento Bee, this bill has been a priority…

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PERB Settlements: Be Careful How You Word Them

Trustees of the California State University (San Marcos) (2011) PERB Decision No. 2195-H (Issued 8/12/11) Facts The California State University Employees Union (CSUEU) filed an unfair practice charge against the California State University at San Marcos (CSU) alleging that CSU committed an unlawful unilateral change and retaliated against an employee for protected activity.  PERB issued a partial dismissal on the unilateral change charge but issued a complaint on the retaliation charge.  CSUEU appealed the partial dismissal to the Board. While the appeal on the partial dismissal was pending, the parties settled the remaining allegations in the complaint at a PERB informal conference.  The settlement stated…

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NLRB Region 20 Director Joe Frankl to Speak at IRANC Luncheon on September 8, 2011

If you're going to be in Sacramento on September 8, 2011, please come hear Joe Frankl speak at a luncheon sponsored by the Industrial Relations Association of Northern California (IRANC).  Joe Frankl is the Director for Region 20 of the National Labor Relations Board.  He will be speaking on the NLRB and "What to Expect in the Future." Here are the details: Date: Thursday, September 8, 2011 Time: 11:30 A.M. Registration & Networking; Noon – Lunch & Speaker; 1:00 P.M. Adjourn Location: Firehouse Restaurant, Golden Eagle Room, 1112 Second Street, Old Sacramento, CA 95814 Menu: Choice of 1) Brown Derby Classic Salad; 2) Chicken…

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