PERB Cases Pending in the Courts of Appeal

In November 2019, I created a list of all the PERB decisions being challenged in the courts of appeal. Back then there were 17 cases on appeal. Today there are 13 cases on appeal. In my opinion, the fewer cases on appeal is a function of PERB issuing fewer decisions and not that they are being challenged less. Consider that in January 2020, there were 40 cases on the Board’s docket. As of August 20, 2021, there are only 16. My speculation is that the percentage of Board decisions being challenged remains as high as ever.

Given the standard of deference accorded to PERB decisions most appeals are still denied. In the last three years, out of dozens of appeals only four have found any level of success: 1) In 2018, the 5th District Court of Appeal overturned most of PERB’s decision in Fresno County Superior Court (2017) PERB Dec. No. 2517-C. (Superior Court of Fresno County v PERB (2018) 30 Cal.App.5th 158); 2) In July 2019, the First District Court of Appeal overturned much of PERB’s decision in City and County of San Francisco (2017) PERB Dec. No. 2540-M; 3) In February 2021, the Second District Court of Appeal modified the remedy in City of South Pasadena (2020) PERB Dec. No. 2692-M; 4) In August 2021, the Third District Court of Appeal struck the finding of an unfair labor practice but otherwise affirmed the decision in Oroville Union High School District (2019) PERB Dec. No. 2627-E.

Here is a list of the 13 cases currently on appeal:

Appellate Cases Pending

  1. State of California (Department of Corrections & Rehabilitation) (2018) PERB Dec. No. 2598-S (Issued on 11/27/18) (Court of Appeal Case No. C088562) Writ of review issued 9/13/19; Oral Argument on 9/22/21
  2. County of Kern & Kern County Hospital Authority (2019) PERB Dec. No. 2659-M (Issued on 8/6/19) (Court of Appeal Case No. F079908) Writ of review issued 4/29/20; Pending
  3. City & County of San Francisco (2020) PERB Dec. No. 2691-M (Issued on 1/17/20)(Court of Appeal Case No. A159596) Pending
  4. City of Glendale (2020) PERB Dec. No. 2694-M (Issued on 2/3/20)(Court of Appeal Case No. B304702) Petition summarily denied on 6/23/21; Supreme Court Petition Pending
  5. Region 2 Court Interpreter Employment Relations Committee (2020) PERB Dec. No. 2701-I (Issued on 3/16/20) (Court of Appeal Case No. A159985) Writ of review issued 1/15/21; Oral Argument on 10/13/21
  6. Regents of the University of California (2020) PERB Dec. No. 2704-H (Issued on 4/14/20) (Court of Appeal Case No. B305934) Petition denied in unpublished decision on 8/18/21
  7. Berkeley Unified School District (2020) PERB Dec. no. 2710-E (Issued on 4/17/20) (Court of Appeal Case No. A160159) Pending
  8. Alliance College Ready Public Schools (2020) PERB Dec. No. 2716-E (Issued on 5/18/20) (Court of Appeal Case No. B306330) Pending
  9. Alliance College Ready Public Schools (2020) PERB Dec. No. 2717-E (Issued on 5/18/20)  (Court of Appeal Case No. B306332) Pending
  10. City of San Gabriel (2020) PERB Dec. No. 2751-M (Issued on 12/14/20) (Court of Appeal Case No. B309843) Pending
  11. State of California (Correctional Health Care Services) (2021) PERB Dec. No. 2760-S (Issued on 4/12/21) (Court of Appeal Case No. A162617) Pending
  12. County of San Joaquin (2021) PERB Dec. No. 2761-M (Issued on 4/12/21) (Court of Appeal Case No. C094069) Pending
  13. County of Sonoma (2021) PERB Dec. No. 2772-M (Issues on 6/23/21) (Court of Appeal Case No. A163100) Pending
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