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

On Monday, Governor Brown released his proposed budget for 2011-2012. The overall budget picture is grim. However, the budget picture for PERB isn't that bad. PERB's proposed budget for 2011-2012 is $6,235,000, which is slightly higher (about 4.4%) than PERB's estimated expenditures for 2010-2011 of $5,971,000. I don't know for sure, but I'm guessing the increase is due to the fact that PERB employees were subject to a 3-day per month furlough in 2010-2011 (a roughly 14% paycut) while in 2011-12 PERB employees will be subject to a combination of cuts totally about 10% of pay. The difference would explain…

State of California (Department of Corrections & Rehabilitation) (2010) PERB Dec. No. 2154-S (Issued on 12/30/10)This case considered whether retired annuitants (individuals who have retired from State service and are then hired back for part-time work) working as correctional officers are automatically members of State Bargaining Unit 6 (BU6), represented by the California Correctional Peace Officers Association (CCPOA).  The administrative law judge (ALJ) ruled in favor of CCPOA.  The ALJ held that retired annuitants were included in BU6 by operation of the original unit determination by PERB in 1979. That unit determination placed all state employees working as correctional officers, parole agents, and…

As one of his last acts in office, Governor Schwarzenegger announced a slew of appointments to various commissions and boards.  Among the appointments was a new member to PERB.  Here's the announcement:Kari Miner, 47, of Sacramento, has been appointed to the Public Employment Relations Board. Since 2003, she has been an independent consultant to small businesses focusing on image and efficiency. Prior to that, Miner was a statewide development and programs officer at the Department of Alcohol and Drug Programs from 1996 to 2002. Previously, she was a paralegal for the law firm Burger and Plavan from 1993 to 1996.…

2010 witnessed several changes to the binding interest arbitration landscape in California. I thought it would be helpful to review those changes and take a look at the status of binding interest arbitration in California.June 2010: Vallejo Repeals Binding Interest ArbitrationIn June 2010, voters in the City of Vallejo passed Measure A which repealed the binding interest arbitration requirement from the City’s charter. This was a watershed event as Vallejo was the .first local entity in California to establish binding interest arbitration in 1970.November 2010: Stockton Repeals Binding Interest Arbitration; San Jose Amends ItIn November 2010, voters in the City of…

Fontana Unified School District (2010) PERB Decision No. 2147-E (Issued on 12/10/10)This case is a run-of-the-mill appeal of a Board agent’s dismissal. What caught my attention was what the Board put in a footnote:“The Board does not adopt the references to Campbell Municipal Employees Assn. v. City of Campbell (1982) 131 Cal.App.3d 416 and San Leandro Police Officers Assn. v. City of San Leandro (1976) 55 Cal.App.3d 553 at p.3 dismissal letter and pp. 3-4 warning letter, as support for the well-established discrimination test set forth in Novato Unified School District (1982) PERB Decision No. 210 (Novato).”The footnote was in…