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

Do your local rules address unit modification petitions and other second generation representation issues?  Do they still require a majority of the unit vote for an amendment of certification?  Does amendment of outdated rules seem daunting because so many parties will bargain  over any changes?  Then you should make plans to attend, "Your Local Rules – Is It Time for a Makeover?" sponsored by the California Public Employee Relations Program (CPER).The seminar is being held on December 3, 2010 in Oakland, California.  (Click here for the brochure).  Registration is only $90 ($110 if requesting MCLE credit).  It should be a great program so sign up…

Salinas Valley Memorial Healthcare System (2010) PERB Decision No. A387-M (Issued on 10/25/10)This case arose from a decertification election at the Salinas Valley Memorial Healthcare System (SVMHS). The National Union of Healthcare Workers (NUHW) sought to decertify SEIU-United Healthcare Workers West Local 2005 as the exclusive representative and to establish itself as the new exclusive representative. NUHW won the election. SEIU then filed objections to the result of the decertification election. The objections alleged that the SVMHS interfered with employees’ free choice in the election by: (1) changing its access rules for non-employee SEIU representatives; (2) allowing a management employee’s…

California Nurses Association v. Public Employment Relations Board of the State of California (Court of Appeal Case No. A127766)On October 7, 2010, the First District Court of Appeal summarily denied a challenge by the California Nurses Association (CNA) to PERB’s decision in California Nurses Association (2010) PERB Decision No. 2094-H. In the underlying decision, PERB held that CNA improperly threatened to engage in a pre-impasse, one-day strike against the University of California (University). (Click here for my blog post on that decision.) As a result of CNA’s actions, PERB held that the University was entitled to monetary damages against CNA…

Professional Engineers in California Govt. v. Schwarzenegger (Supreme Court Case No. S183411)The Supreme Court issued its decision today on the legality of the state employee furloughs imposed by the Governor. If you haven’t been following this issue, here’s a brief summary of the facts. On December 1, 2008, the Governor declared a fiscal emergency and called the Legislature into special session to address a projected $40 billion deficit by the end of fiscal year 2009-2010. On December 19, 2008, the Governor issued an executive order imposing 2-day per month furloughs on state employees. Several employee unions sued the Governor challenging…

Professional Engineers in California Govt. v. Schwarzenegger (Supreme Court Case No. S183411)The Supreme Court ruled today that the furloughs ordered by the Governor are legal. The Court's conclusion was:Although, for the reasons discussed above, we disagree with much of the trial court?s reasoning, in light of the legislative measures enacted after the trial court?s ruling we conclude that plaintiffs are not entitled to the relief sought in this litigation. Accordingly, the judgment rendered by the trial court, denying the relief sought in these mandate proceedings, is affirmed.I'll have more once I've had a chance to thoroughly read the decision.