Public Sector Legal Developments

Seniority Still Rules: Administrative Law Judge Rules That School District Can’t Ignore Seniority During Layoffs
Unions Help Successfully Resist School District Attempt To Invalidate San Francisco Merit System
“You May Enter”: PERB expands non-employee organizers' access rights to public employer property under MMBA
Union Wins Information Request Over City’s Confidentiality Claim
Urgent: Redevelopment Agencies Decision
California Court of Appeal Holds That and Employee does not Waive the Right to Arbitrate His Discharge if He retires after filing for Arbitration
PERB Announces New Regulations to Implement Mandatory Fact-finding
California Supreme Court Confirms Retiree Health Care as Vested Benefit
SB 857 Signed: PERB Not Authorized to Award Strike Damages
AB 501 Signed: Scope of Employees/Employers Covered by EERA Expanded
Union Owes No Duty Of Fair Representation To An Employee Outside Of The Bargaining Unit, Even If The Employee Seeks The Union’s Assistance To Be Included In The Bargaining Unit
PERB Defers Employee’s Retaliation/Discrimination Claim; Member Huguenin Writes Separate Decision
Governor Signs SB 609: PERB Must Issue Decisions in 180 Days in Representation Cases
Proposed Decision: Riverside County Unlawfully Declared Impasse
Proposed Decision: Riverside County Unlawfully Denied Union Access
PERB: Riverside County Unlawfully Denied Petition for Temporary Workers Unit
Study: Keeping Government Work In-House Saves Taxpayer Dollars
Ninth Circuit Reviews the FLSA’s “learned professional” Exemption
Unions Must Demand Effects Bargaining, Even if Employer Notice is Untimely
PERB Will “Honor” Settlement Agreement For Charging Party To Withdraw Charge And Related Exceptions
Manager Cannot Go Directly to PERB Without Going Through Local Process First
PERB Demands that the City of Redding Provide Union with Investigative Reports
Court Orders Injunction against Riverside County Sheriff’s Department to Protect Union Members’ Civil Rights
Feds Ease Reporting Requirements
Health Care: Court Says 12 Hour Shifts Can Pay Less Per Hour Than 8 Hour Shifts
United States Court of Appeals Extends Constitutional Drug Testing Protection to Public Sector Job Applicants
Ninth Circuit Orders Due Process Hearings For Layoffs of Permanent Public Employees
California Supreme Court Upholds The Principle of the Exclusive Jurisdiction of the Public Employment Relations Board
Newspapers May Publish Names And Salaries Of Public Employees Earning $100,000 Per Year
Peace Officer Names, Employing Departments And Hiring And Termination Dates Are Not Exempt From Disclosure Under The California Public Records Act
Use Of Mail Boxes For Distribution Of Political Literature
Wrongfully Demoted Employee Is Not Entitled To Back Pay For Periods When The Employee Was Not Available For Work
The Dills Act Prevents An Arbitrator From Reforming An Erroneous Memorandum Of Understanding After It Has Been Ratified
A Civil Service Commission's Authority Is Limited By the Charter Which Created It
States May Require Public Sector Unions To Obtain Affirmative Approval Before Using Non-member's Fees For Political Purposes