Category Archives: PERB Decision

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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Taking the Battle to the Courts of Appeal

It’s no secret that employers are finding themselves on the losing end of more and more cases at PERB. So it shouldn’t be a surprise that there are a record number of PERB cases being challenged in the Courts of … Continue reading

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PERB: We Have Jurisdiction Over Cops

County of Orange (2019) PERB Decision No. 2657-M (Issued on 7/15/19) The saga continues. In this most recent case PERB provides its most comprehensive explanation yet for why it believes it has jurisdiction over “employee organizations” comprised of Penal Code … Continue reading

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