After two years of the Covid-19 pandemic, things are looking optimistic in California. Covid case numbers and hospitalizations are declining and mask requirements are loosening. For many, myself included, this is great news and a much needed “return to normal.” At the same time, however, the pandemic brought some changes to our lives that we
Litigating During a Pandemic
This article was originally published in October 2020. The information has been reviewed and is up-to-date as of November 2021. Though the state of California is now opening up increasingly due to improving pandemic numbers, the details included in this blog continue to serve as helpful tips during this time.
I moved to Los Angeles
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
PERB: Timeframe To Request Factfinding Will Not Be Extended Due to Mediation Scheduling Delays
Both the Meyers-Milias-Brown Act (MMBA) and PERB regulations recognize the right of an employee organization to request factfinding following a declaration of impasse. That right, however, is not absolute: Government Code section 3505.4(a) and PERB regulation 32802(a)(1) mandate that such a request be made “not sooner than 30 days, but not more than 45 days,