Category Archives: PERB Decision

Status of PERB Cases in the Courts of Appeal

Back in November 2019, I did a post listing all the PERB cases being challenged in the courts of appeal. Back then, there were (what I believed to be) a record 17 cases pending in the courts. Most of those … Continue reading

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PERB Schedules Oral Argument on Interpretation of Gov Code 3550

AFSCME Local 3299 v Regents (Case No. SF-CE-1188-H); UPTE Local 9119 v Regents (SF-CE-1189-H); Teamsters Local 2010 v Regents (SF-CE-1192-H); Teamsters Local 2010 v Regents (SF-PE-5-H) PERB has scheduled a virtual combined oral argument in these cases for July 23, … Continue reading

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The Emergency Exception to Bargaining

General PERB Rule: The Calexico Emergency Exception Given the coronavirus pandemic, I’ve gotten a lot of questions about whether there is an “emergency” exception to the duty to bargain over changes within the scope of representation. Yes, there is; it … Continue reading

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NLRB Overrules Banner Health

On December 16, 2019, the National Labor Relations Board (NLRB) overruled its prior decision in Banner Health System, 362 NLRB 1108 (2015), which held that a “blanket” instruction to employees to maintain confidentiality during a workplace investigation violated Section 7 … Continue reading

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PERB Awards Attorneys’ Fees Against School District

Bellflower Unified School District (2019) PERB Decision No. A475-Ea (Issued on November 12, 2019) In this case the Bellflower Unified School District sought reconsideration of an administrative decision. The Board wasted no time in holding that, “even the most cursory … Continue reading

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