Public Sector News
Santa Cruz Metropolitan Transit District Now Under Jurisdiction of the Public Employment Relations Board (SB 957)
On September 2, 2022, Governor Newsom signed Senate Bill 957, which brings Santa Cruz Metropolitan Transit District (“Santa Cruz METRO”) under the Public Employment Relations Board’s (“PERB”) unfair practice jurisdiction.
SB 1100 Amends Brown Act Authorizing Removal of an Individual for Disrupting a Meeting
On August 22, 2022, Governor Newsom approved Senate Bill 1100 which amended the Ralph M. Brown Act (“Brown Act”). The Brown Act requires all meetings of a local agency’s legislative body to be open and public, with a few specified exceptions.
California Public Employers Must Remain Neutral on Public Employees’ Right to Organize
The Prohibition on Public Employer Deterring or Discouraging Union Membership (“PEDD,” Gov. Code §§ 3550-3553) provides employees with statutory protections against public employers interfering with protected union activity.
SEIU 1021 Reaches Historic Tentative Agreement with Sacramento City Unified School District
“When we fight, we win! When we fight, students win!” was the mantra of the employees of the Sacramento City Unified School District (“District”) on strike beginning March 23, 2022 for eight workdays, and twelve calendar days.
PERB Finds Injunctive Relief is Proper to Stop a School District from Interfering with Organizing Activity
The California Public Employees Relations Board (“PERB”) recently decided that injunctive relief was proper to stop a school district both from interfering in an organizing campaign by an employee organization and giving preferential treatment to a rival employee organization in Clovis Unified School District.
PERB Holds State Employee had Right to Union Representation at Strip Search
On October 4, 2021, the Third District Court of Appeal affirmed a Public Employment Relations Board (“PERB”) decision that a state employee’s right to have a union representative present during an investigatory interview extends to having a representative in attendance during a strip search conducted for law enforcement purposes, even though there was no interrogation or questioning, pursuant to the Ralph C. Dills Act.
Supreme Court Allows Exclusive Representation in the Public Sector to Stand, for Now
In early June 2021, the U.S. Supreme Court denied review in Thompson v. Marietta Education Association, 972 F.3d 809 (6th Cir. 2020). The case had the potential to further restrict what is known as exclusive bargaining representation.
PERB Grants Unions Broad Physical Access to Public Sector Worksites
The Public Employee Relations Board (“PERB”) recently ruled that a public sector employer must grant a Union’s request to conduct health and safety inspections at a worksite in SEIU Local 1021 and County of San Joaquin
DOL Withdraws Trump Independent Contractor Rule
On May 6, 2021, the U.S. Department of Labor (“DOL”) officially withdrew an independent contractor rule promulgated in the waning days of the Trump Administration that would have favored app-based gig economy companies like Uber, Lyft, and DoorDash.
To Defer or Not To Defer, That is the Question
On March 2, 2021, the California Public Employment Relations Board (“PERB”) issued a decision in County of Santa Clara (2021) PERB Order No. Ad-485-M. This Santa Clara decision clarified existing precedent regarding when pre-arbitration deferral is appropriate in the public sector.
Retroactive Janus Cases Fail
Good news for Unions representing public employees! On January 25, 2021, the Supreme Court declined to hear a second wave of Janus-related cases that attempted to make Unions pay back years of lawfully collected fees.