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

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PERB: Union Must Demand Effects Bargaining Prior to Filing Charge

California Correctional Peace Officers Association (2011) PERB Decision No. 2196-S Facts: In May 2009, Avenal State Prison (ASP) changed its policy on unannounced, random searches of employees to allow for the confiscation of contraband, among other changes.  ASP did not notify the union, CCPOA, of the change and CCPOA did not discover the change until after it had been implemented in May 2009.  CCPOA then filed an unfair practice charge.  CCPOA did not argue that ASP had to bargain over the decision to implement the new policy, but rather alleged that ASP failed to bargain over the effects of the decision. Majority…

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PERB’s End of Fiscal Year Numbers

Overview:  PERB issues 79 decisions PERB’s fiscal year runs from July 1 to June 30.  So fiscal year 2010-2011 is over.  PERB’s annual report for 2010-2011 is not due until October 1, 2011.  However, a few years ago I started to keep track of PERB’s decisions as they were issued throughout the year.  According to my records, PERB issued 79 decisions in fiscal year 2010-11.  This is exactly the same number of decisions PERB issued in fiscal year 2009-10.  The year before that—fiscal year 2008-2009—PERB issued 89 decisions. Here are some other statistics for the 2010-2011 fiscal year: Decisions by…

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AB 455 Vetoed

On July 25, 2011, Governor Brown vetoed AB 455.  AB 455 would have given unions the power to appoint half the members of civil service commisions and personnel boards.  The Governor provided the following veto message:To the Members of the Califomia State Assembly:I am returning Assembly Bill 455 without my signature.  This bill prescribes how all local merit or personnel commission members should be appointed.  It requires that half of the members be selected by the employer and half by largest employee bargaining unit.  While intended to create more balanced commissions and address concerns relating to individual commissions, this measure imposes…

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AB 455: Gives Unions Power to Appoint Half of Civil Service Commission Members

AB 455 was introduced by Assemblymember Campos on February 15, 2011 and amended on March 31, 2011.  AB 455 has passed both the Assembly and Senate and was ordered enrolled on July 5, 2011. It now awaits signature from the Governor.  AB 455 would add section 3507.7 to the MMBA, which would provide:(a) When a public agency has established a personnel commission or merit commission to administer personnel rules or a merit system, the governing board of the public agency shall appoint one-half of the members of the commission, and one-half of the members of the commission, nominated by the…

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Supreme Court Grants Review on Whether Right to Privacy Prevents Release of Non-Member Employee Addresses to Union

County of Los Angeles v. Los Angeles County Employee Relations Commission (Supreme Court Case No. S191944) (Reviewed granted on 6/16/11)I discussed this case in a couple of prior blog posts. (Click here and here for prior posts.) The Court of Appeal decision held that under California’s right to privacy, non-union members of a bargaining unit (i.e. agency fee payers) have a reasonable expectation of privacy that their personal information will remain confidential. The Court held that before the home addresses of non-union members can be released, the employer must provide these employees with notice and an opportunity to object to…

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