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

Alameda County Management Employees Association v. Alameda County Superior Court (Alameda Superior Court Case No. RG09-464432) (Tentative ruling issued 12/9/09)In 2008, the Ninth Circuit Court of Appeal issued a surprise ruling in Levine v. City of Alameda, 525 F.3d 903 (9th Cir. 2008) suggesting that a public employee who is laid-off from work is entitled to a pre-layoff due process hearing.  That decision shocked public employers because no other decision had suggested such a requirement.  Levine also seemed to conflict with Duncan v. Department of Personnel Administration, 77 Cal.App.4th 1166 (2000), a California appellate decision which held that pre-layoff due process…

State of California (Department of Personnel Administration) (2009) PERB Decision No. 2081-S (Issued on 11/24/09)This case involved an appeal from a dismissal. The California Correctional Peace Officers Association (CCPOA) alleged that the State committed an unfair practice by insisting to impasse on a permissive subject of bargaining. Specifically, CCPOA asserted that the State included several provisions in its last, best and final offer that constituted waivers of employee rights. For example, the State proposed a continuance of a contract provision whereby CCPOA agreed that it would not directly bring an action against the State for violations of the Fair Labor…

IBEW Local 1245 (Flowers) (2009) PERB Decision No. 2079-M (Issued on 11/24/09) Of the 35 Board decisions issued so far this year, 9 have been brought against unions alleging a violation of the duty of fair representation.  That's not unusual as DFR cases typically make up 25% of the Board's caseload.  In eight of the cases this year, the Board affirmed the dismissal of the unfair practice charge. In IBEW Local 1245 (Flowers), the Board actually overturned the Board agent’s dismissal. Getting a complaint issued on a DFR charge is not easy, so I thought this case was worth highlighting…

City of Clovis (2009) PERB Decision No. 2074-M (Issued on 10/30/09)This case involved an allegation by the Clovis Public Works Employees' Affiliation (Union) that the City of Clovis committed an unfair practice by refusing to implement its last, best, and final offer of a three percent wage increase.Facts:The parties began negotiations on a wage re-opener in May 2007.  After multiple bargaining sessions the parties were unsuccessful in reaching agreement.  On July 13, 2007, the City proffered its last, best, and final offer of a three percent salary increase, effective July 1, 2007.  On July 17, 2007, the Union rejected the offer and…

Trustees of the California State University (San Marcos) (2009) PERB Dec. No. 2070-H (Issued on 10/15/09) This case involved an appeal from a dismissal. The unfair practice charge alleged that the California State University (San Marcos) (“CSU”) violated the Higher Education Employer-Employee Relations Act (HEERA) by: (1) unilaterally transferring bargaining unit work to non-unit employees; and (2) retaliating against an employee for using union representation in a dispute over his work assignments. The Board agent dismissed both allegations for failure to state a prima facie case. The Board affirmed the dismissal of the allegation that CSU unlawfully transferred bargaining unit…