We are excited to continue our video series – Tips from the Table. In these videos, members of LCW’s Labor Relations and Collective Bargaining practice group will provide various tips that can be implemented at your bargaining tables. We hope that you will find these clips informative and helpful in your negotiations.
Court Affirms that PEPRA Does Not Limit County’s Right to Repeal COLA Pickup
On December 20, 2016, the California Court of Appeal for the Third Appellate District reaffirmed the purpose and spirit of the Public Employees’ Pension Reform Act (“PEPRA”) as a law designed to “limit,” rather than “shield,” public employees’ retirement compensation. In the recent case, San Joaquin County Correctional Officers Association v. County of San Joaquin
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
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
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
AB 2126 Seeks to Amend MMBA Fact finding Provisions
This post was authored by Shardé C. Thomas
AB 2126, introduced on February 20, 2014, by Assembly Member Bonta (D-Oakland), would make four amendments to the Meyers-Milias-Brown Act (“MMBA”). Some of these revisions are pro-union, while others favor management’s interests. Reaction to AB 2126 has been mixed, but unions and management alike will be watching
PERB Adopts Proposed Emergency Regulations On Mandatory Factfinding
This guest post was authored by Bruce A. Barsook
Yesterday (December 8), the Public Employment Relations Board (PERB) adopted proposed emergency regulations to implement AB 646 (Chapter 680, Statutes of 2011), the recently enacted legislation requiring factfinding in bargaining disputes under the MMBA. The emergency rulemaking package now will be submitted to the Office of
Governor Signs AB 646 Mandating Factfinding For MMBA Agencies
This guest post was authored by Connie C. Almond
On October 9, the Governor signed AB 646 amending the Meyers-Milias-Brown Act to require factfinding as a means of resolving an impasse in labor negotiations under certain circumstances. Under the new law, charter cities and counties that have impasse procedures which include, at a minimum