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
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 Leaves Open the Question as to Whether an Employee Has a Right to Union Representation during a Performance Evaluation Meeting
By: Adrianna E. Guzman and Joshua A. Goodman
The Public Employment Relations Board (PERB) has long held that employees are entitled to union representation if they are required to attend a meeting where they have a reasonable belief that discipline may result from the meeting (Weingarten rights). In Redwoods Community College District v. Public