Editorial note: On October 8, 2023, Governor Newsom vetoed AB 504. His veto message stated, “Unfortunately, this bill is overly broad in scope and impact. The bill has the potential to seriously disrupt or even halt the delivery of critical public services, particularly in places where public services are co-located. This could have significant, negative
PERB
New Legislation Vies for the Automatic Inclusion of Temporary Employees in Permanent Employee Bargaining Units
The California Legislature is currently reviewing AB 1484 (Zbur), a bill that would add Section 3507.7 to the Meyers-Milias-Brown Act (MMBA). Proponents of the bill hope that it will address an increase in public agency use of temporary employees, aiming to bring equity to temporary employees who perform similar work as permanent employees but without…
PERB Holds that Its Jurisdiction Includes Claims Brought By Employee Organizations that Represent Police Officers and Deputy Sheriffs
On July 15, 2019, the Public Employment Relations Board (PERB) issued a decision in the case, Association of Orange County Deputy Sheriffs v. County of Orange, PERB Decision No. 2657-M. At issue in the case was whether PERB has jurisdiction to hear claims brought by employee organizations that represent peace officers as that…
PERB Rules Employer Has No Obligation To Provide Union Or Employee With Written Complaint Until After Initial Investigatory Interview
This Special Bulletin was authored by Eileen O’Hare-Anderson & Emanuela Tala
The Public Employment Relations Board (“PERB”) found that the Contra Costa Community College District (“District”) did not violate the Educational Employment Relations Act when it withheld copies of written discrimination complaints against two faculty members in advance of investigatory interviews.
California Legislation to Watch in The Final Journey to the Governor’s Desk
The California Legislature is working hard to push bills through to the general assembly and senate votes that are scheduled for September. A number of bills making their way to that final vote are noteworthy for public employers.
PERB, Firefighters and the Right-to-Sue
Right-to-sue notices may not be just for Department of Fair Housing and…
PERB Reaffirms That a Bargaining Impasse is Not Broken Unless a Party Makes a Significant Concession
This post was authored by Adrianna E. Guzman and Joshua A. Goodman
Picture this scenario: an employer and a union engage in negotiations for a successor Memorandum of Understanding (MOU), and after several months, reach tentative agreement on some, but not all of the proposals. At that point, one of the parties issues a written…
No Relief For Unions That Fail to Timely File Factfinding Requests In Accordance With MMBA and PERB Regulations
This post was authored by Erik Cuadros and Adrianna E. Guzman
When it comes to negotiations, sometimes, as we all know, the parties cannot reach agreement, despite everyone’s best efforts. At that point, either party may declare impasse. That written declaration of impasse, however, triggers certain statutory impasse procedures, and could lead to factfinding.
But…
Court of Appeal Holds that MMBA Factfinding Procedures Apply to all Bargaining Disputes
Just one day after the U.S. Supreme Court’s decision in Friedrichs v. CTA, California employee organizations scored a second victory. Yesterday, the Fourth District Court of Appeal issued its long-awaited decisions in San Diego Housing Commission v. Public Employment Relations Board and County of Riverside v. Public Employment Relations Board. Both cases challenged…
Unreasonable Request – Is CalPERS Putting You Between a Rock and a Hard Place??
The California Public Employees’ Retirement System (“CalPERS”) has significantly increased the number of contracting agency audits to ensure that agencies’ practices are consistent with CalPERS’ interpretation of governing law. At the same time, CalPERS has increased its vigilance in reviewing compensation reported for recent retirees. Increasingly, CalPERS has contacted agencies regarding compliance with applicable CalPERS…
Court of Appeal Hears Oral Arguments on Scope of PERB’s Factfinding Procedures (AB 646)
On March 14, 2016, the Court of Appeal for the Fourth Appellate District, Division 1 (San Diego) heard oral arguments in two cases challenging the Public Employment Relations Board’s (PERB) interpretation of factfinding procedures, which were put into place by Assembly Bill 646 (AB 646). The specific issue in County of Riverside v. Public Employment…