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

In 1998, Sacramento County become one of the first counties (if not the first) in California to adopt binding arbitration as a mechanism to settle labor disputes. In the case of Sacramento County, the binding arbitration measure applied only to its deputy sheriffs. On May 19th, Sacramento County voters will decide the fate of Measure A, which would extend the County’s binding arbitration charter provision to cover probation officers and law enforcement management. The local newspaper—the Sacramento Bee—has come out strongly against Measure A. The Bee has also been running articles and editorials criticizing public safety salaries and overtime, particularly…

SB 656 (DeSaulnier) would remove from PERB’s jurisdiction a bargaining unit comprised of a majority of peace officers as defined by Penal Code section 830.1. (830.1 officers.) Currently, the MMBA already excludes 830.1 officers from PERB’s jurisdiction. (Gov. Code, §3511.) However, what happens when you have a dispute involving a bargaining unit comprised of both 830.1 officers (who are exempt from PERB) and other employees covered by PERB? This bill tries to address that situation.I’m pretty sure I can take some credit for this bill’s introduction. Last year I litigated this issue before PERB on behalf of the County of…

California unions have responded to the City of Vallejo’s bankruptcy filing with the introduction of AB 155 (Mendoza). Under AB 155, a municipality would have to obtain approval from the California Debt and Investment Advisory Commission before filing for bankruptcy. The commission consists of the state treasurer, the Governor or the Director of Finance, the State Controller, two local government finance officials, two Assembly Members, and two Senators. AB 155 is supported by a number of unions, including the California Professional Firefighters and CDF Firefighters Local 2881, both of whom are co-sponsoring the bill. The California Association of Counties and…

County of Sonoma v. Superior Court (Sonoma County Law Enforcement Association) (Case No. A122450) (Issued on 4/24/09) ("County of Sonoma")This is the first appellate decision on the constitutionality of SB 440. SB 440 provides for compulsory binding arbitration of labor disputes between employee organizations representing firefighters and law enforcement officers and the local agencies employing them. In County of Riverside v. Superior Court (2003) 30 Cal.4th 278 ("Riverside"), the California Supreme Court held an earlier version of the statute (SB 402) unconstitutional because it impermissibly infringed upon home rule powers reserved to local governments by article XI of the California…

Just in . . . the court of appeal has struck down SB 440. Excerpts from the decision:"In County of Riverside v. Superior Court (2003) 30 Cal.4th 278 (Riverside), the California Supreme Court held an earlier version of that statute unconstitutional, because the statute impermissibly infringed upon home rule powers reserved to local governments by article XI of the California Constitution. (Riverside, at p. 282.) The Legislature amended the statute in response to the Supreme Court’s decision. But the County contends the amended version continues to intrude upon its constitutional authority to establish compensation and terms of employment for county…