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
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 …
Tips from the Table: Unit Modification and Severance Petitions
We are excited to continue our video series – Tips from the Table. In these monthly videos, members of LCW’s Labor Relations and Negotiations Services 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.
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,…
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,…
PERB Expands Right to Union Representation to Interactive Process Meetings
The Public Employment Relations Board (PERB) recently held in Sonoma County Superior Court (Sonoma) that employees are entitled to union representation at interactive process meetings. With this ruling, PERB expressly overturned prior precedent on this issue.
Before the Sonoma ruling, PERB recognized a right to union representation in individual meetings with the employer primarily only…
Tips from the Table: Avoiding an Unfair Practice Charge with PERB
We are excited to continue our video series – Tips from the Table. In these monthly 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.
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…
Supreme Court Holds That Employers Must Furnish Exclusive Representatives with Personal Contact Information of Non-Member Unit Employees
This blog post was authored by Adrianna E. Guzman, Brian P. Walter and Shardé C. Thomas
Today the California Supreme Court published a decision, County of Los Angeles v. Los Angeles County Employee Relations Commission, that requires a public employer to disclose home contact information for all bargaining unit members to the representative for…