Category Archives: PERB Decision

“Make Whole” May No Longer Be Enough

Unions have long complained that PERB’s remedial orders are insufficient.  For example, the remedy for an unlawful unilateral change is to return the parties to their prior positions (i.e. status quo ante). However, the unions often argue that merely returning … Continue reading

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Marysville Rule: Weakened But Still Alive

City of Culver City (2020) PERB Dec. No. 2731-M (Issued on 6/10/20) At issue in this case was a change by Culver City’s police department regarding when employees take a lunch break. For many years, the police department allowed employees … Continue reading

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PERB End of Fiscal Year Numbers for 2019-20

Overview: PERB issued 101 decisions PERB’s fiscal year ended on June 30. According to PERB’s website, PERB issued 101 decisions which was the most decisions issued since fiscal year 2004-05. More details on the year will be included in PERB’s … Continue reading

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PERB Explains Continuing Violation Doctrine

County of San Diego (2020) PERB Dec. No. 2721-M (Issues on 5/22/20) At issue in this case was a County policy prohibiting Members of the Board of Supervisors from discussing with employees any matter that was also the subject to … Continue reading

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PERB: Decision to Conduct Open v Internal Recruitment is Negotiable

City of Santa Maria (2020) PERB Dec. No. 2736-M (Issued on 6/30/20) In this case the Board held that a city’s decision to conduct an open recruitment (one open to outside candidates) versus an internal recruitment (one limited to city … Continue reading

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