Category Archives: PERB Decision

Court of Appeal Modifies Remedy in Retaliation Case

City of South Pasadena v PERB (2020) PERB Case No. 2692-M; Court of Appeal Case No. B304596 This case involves a firefighter who aggravated an existing back injury in December 2015 while observing a demonstration from another firefighter. The firefighter … Continue reading

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PERB: Mediation Not Required Before Factfinding Under MMBA

County of Santa Clara (2020) PERB Dec. No. A483-M (Issued on 12/17/20) In this case a union declared impasse in its negotiations with a county and requested factfinding under MMBA section 3505.4. The county’s local rules, however, require that the … Continue reading

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Attorneys’ Fees Awarded as Make Whole Remedy for Refusal to Arbitrate

Sacramento City Unified School District (2020) PERB Dec. No. 2749-E (Issued on 11/02/20) The district and union in this case were parties to a collective bargaining agreement (CBA) containing a grievance procedure culminating in binding arbitration. The union sought to … Continue reading

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Deferral to Arbitration is Immediately Appealable

County of Santa Clara (2020) PERB Dec. No. Ad-482-M (Issued on 11/2/20) The statutory language of EERA, the Dills Act, and JCEERA provides for the deferral of an unfair practice charge to arbitration where certain conditions are met. For example, … Continue reading

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“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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