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

If you're going to be in Sacramento on July 14, 2011, please come hear Department of Personnel Administration (DPA) Director Ron Yank speak at a luncheon sponsored by the Industrial Relations Association of Northern California (IRANC). As DPA Director, Ron Yank is Governor Jerry Brown’s Chief Labor Negotiator. Prior to becoming DPA Director, Mr. Yank was a well-known labor lawyer at Carroll Burdick & McDonough LLP where he represented employees and unions in all areas labor relations.Here are the details:Date: Thursday, July 14, 2011 Time: 11:30 A.M. Registration & Networking; Noon – Lunch & Speaker; 1:00 P.M. AdjournLocation: Firehouse Restaurant,…

SB 931 was introduced by Senator Vargas on February 18, 2011 and amended on April 25, 2011. SB 931 would prohibit public agencies from using public funds to pay for what is sometimes euphemistically called a “union avoidance” campaign. Specifically, this bill would add language to EERA, HEERA, Dills, and the MMBA providing that:“Public agencies shall not use public funds to pay outside consultants or legal advisors for the purpose of counseling the public employer about ways to minimize or deter the exercise of rights guaranteed under this chapter.” The bill was amended on April 25th to clarify that:“Nothing in…

SB 259 was introduced by Senator Hancock on February 10, 2011.  SB 259 would amend the Higher Education Employer-Employee Relations Act (HEERA) to cover student employees whose employment is contingent upon their status as students, without any other conditions.  Currently, HEERA section 3562(e) defines “employee” to include student employees if the employment is contingent on their status as students and “only if the services they provide are unrelated to their educational objectives, or that those educational objectives are subordinate to the services they perform and that coverage under this chapter would further the purposes of this chapter.”  SB 259 eliminates…

AB 1318 was introduced by Assemblymember Davis on February 18, 2011. No action has been taken on this bill yet. AB 13818 would limit an employer’s ability to obtain a “make-whole” remedy when faced with an unlawful strike. Specifically, this bill provides that an employer may not obtain damages for 1) revenue losses caused by an unlawful strike; and 2) expenses incurred by the employer in anticipation of, or in preparation for, the strike.This bill was obviously motivated by the California Nurses Association’s threatened strike against the University of California (UC) in 2005. That threatened pre-impasse strike was found to…

Governor Brown has appointed Anita Martinez and Eugene Huguenin to the five-member Public Employment Relations Board (PERB).  They will join Alice Dowdin Calvillo and Sally McKeag as the four members of PERB.  There is still one vacancy to be filled.  Anita Martinez was also named Chair of PERB.  The Governor also appointed Suzanne Murphy as PERB's new General Counsel.  Here are the bios of the appointees from the Governor's new release:Anita Martinez, 58, of Oakland, has been appointed member and chair of the Public Employment Relations Board. She has worked for the Board since 1976, where she currently serves as…