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

Ever wonder why so many unfair practice charges are dismissed or if you stand a chance of getting a board agent’s decision overturned by the board?  Then you should attend, "Practicing Before PERB" sponsored by the California Public Employee Relations Program (CPER).  The seminar will feature experts discussing the what to do when a charge is filed, what happens when a charge goes to hearing, and how to appeal a dismissal or proposed decision.The seminar is being held on May 5, 2011, at the Junipero Serra State Building, Carmel Room, 320 W. 4th Street, Los Angeles, California. (Click here for the brochure).  Advance…

Board Member Kari Miner's last day was March 31, 2011.  Because she was appointed by Governor Schwarzenegger on one of his last days in office she had not been confirmed by the Senate.  That meant Governor Brown could withdraw her appointment at any time.  That has left PERB with only two Board members and without a quorum to conduct any business.So what happens if PERB receives a request for injunctive relief involving a strike?  Remember, under City of San Jose v. Operating Engineers Local Union No. 3 (2010) 49 Cal.4th 597, the courts have held that PERB has exclusive initial jurisdiction to…

The Public Employment Relations Board (PERB) has a set a meeting of its Advisory Committee for April 14, 2011 at 11 am.  The location will be at the PERB headquarters in Sacramento at 1031 18th Street, First Floor, Room 103, Sacramento, CA.The purpose of the advisory committee is to help PERB "obtain feedback and ideas from PERB constituents relating to our mission in administering the seven collective bargaining statues over which we have jurisdiction with the overall intent of making PERB more efficient."  The agenda includes presentations by PERB staff on various topics followed by a roundtable discussion.

City of Los Angeles v. Superior Court (Engineers and Architects Association) (Court of Appeal Case No. B228732) (Issued on 3/25/11)Facing a $500 million deficit, the City of Los Angeles (City) passed an ordinance furloughing civilian employees for up to 26 days per fiscal year. Many of the furloughed employees filed grievances under their union contracts arguing that the furloughs were impermissible. After the grievances were denied, the Engineers and Architects union requested arbitration. When the City refused to arbitrate, the union filed a petition to compel arbitration of over 400 such grievances.The trial court granted the petition to compel arbitration…

Today is the 100 year anniversary of the Triangle Shirtwaist Factory fire that killed 146 young women and girls in New York City on March 25, 1911. It was one of the worst workplace disasters in our nation’s history. The sight of immigrant girls and women leaping to their deaths—some with their clothes on fire, some holding hands—horrified the entire nation. The tragedy not only helped spark the growth of the International Ladies Garment Workers Union but the entire labor movement in the United States.Fast forward to 2011 … I’ve received a couple of comments from readers on how Governor Jerry Brown…