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

Trustees of the California State University (2009) PERB Decision No. 1876-Ha (Issued on 4/15/09)Is where an employee can park his or her car—as opposed to how much the employee must pay to park—a subject within the scope of representation (ie negotiable) under HEERA? In Trustees of the California State University (2006) PERB Decision No. 1876-H (Trustees I), the Board answered in the negative. There, the Board analyzed whether the location of employee parking qualified as a “term and condition” of employment under a three-part test. Under that test, a subject is within the scope of representation if it: (1) involves…

14 Penn Plaza LLC v. Pyett (U.S. Supreme Court Case No. 07-581) (Issued 4/1/09)Can an individual employee be forced to arbitrate an employment discrimination claim (e.g. a Title VII complaint for race discrimination) where the employee is covered by an arbitration provision in a CBA or MOU that expressly covers such claims? If you had asked me this question yesterday I would have said absolutely not, citing to Alexander v. Gardner-Denver (1974) 415 U. S. 36 (Gardner-Denver). Today it’s different. That’s because of the Supreme Court’s decision in 14 Penn Plaza LLC v. Pyett issued on April 1st. At issue…

International Union of Operating Engineers v. County of Plumas (Case No. 07-16001) (9th Cir. 2009)The introduction to this recent Ninth Circuit case says it all:“James M. Cain, whose novels were often adapted into film noir, described his body of work by saying ‘I write of the wish that comes true—for some reason, a terrifying concept.’ The plight of Plumas County would have doubtless piqued his interest.""Plumas County thought that federal court would provide a more hospitable forum for its defense against a suit seeking to compel arbitration, so it removed the action to federal court. The district court ordered Plumas…

International Association of Fire Fighters, Local 188, AFL-CIO v. PERB (2009) __ Cal.App.4th __. (Challenge to City of Richmond (2004) PERB Decision No. 1720-M.)Facing significant economic constraints, in late 2003 the City of Richmond decided to lay off 78 city employees, including 18 firefighters. The firefighter’s union, Local 188, made a request to bargain over the City’s decision to lay off firefighters but failed to request to bargain the effects of the layoff decision. When the City declined to bargain over the decision, Local 188 responded by filing an unfair practice charge with PERB, asserting that the reduced staffing level…

As I noted in my previous blog entry, both unions and employers are gearing up for a huge fight over the Employee Free Choice Act (EFCA). Because the EFCA amends the National Labor Relations Act, which does not cover the public sector, it will not directly affect California public employers. Even if it did, California public employers have been living with card check for years. In California, all the statutes covering the public sector, except for the Dills Act, require the recognition of an exclusive representative solely by a showing of majority support (ie card check). (See MMBA (Gov Code…