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 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
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
San Diego Pension Reform Initiative Stalled Over PERB Ruling
The Public Employment Relations Board (“PERB”) recently found that the City of San Diego violated the Meyers-Milias-Brown Act when it failed to meet and confer over the language of Proposition B, a popular pension reform initiative which passed by 67 percent of the majority vote in the 2012 local election. However, as the Board recognized,
PERB: Employers Absolutely Barred From Opposing Agency Shops, Even If They Are Potentially Illegal or Permit Free Riders
When the MMBA first took effect in 1968, there was no provision for the financial support of employee organizations or unions. Many employee organizations had few ways to convince employees to join the organization and support it with member dues. Thus, the concept of an “agency shop” was born. Agency shop arrangements require employees, as
PERB Exercises Jurisdiction Over Bargaining Units That Include Peace Officers Individually Excluded by Statute and Will Not Consider Affirmative Defenses Based on Undisputed Facts Alone
When the Legislature amended the Meyers-Milias-Brown Act (MMBA) in 2001, it gave PERB jurisdiction over the statute, but not over certain agencies, and not over “persons who are peace officers as defined in Section 830.1 of the Penal Code.” (Gov. Code Section 3511, emphasis added.)
In the more than 14 years since then, however,