County of Siskiyou (PERB Dec. No. 1894M) (Issued 3/27/07)
The issue in this case was whether the contract required that “extra help” employees be laid off prior to any permanent employees. The Board reached the same conclusion as the ALJ - to dismiss the complaint - but reached its decision based on a different rationale. The ALJ apparently had held that the contract language was ambiguous, and thus, found that the union had failed to meet its burden of proof to establish a ‘change.’
The Board in its analysis attempted to harmonize the contract language with the County Code and the County’s personnel policies. Based on its analysis, the Board found no requirement that “extra help” be laid off first, and thus, held that there was no unilateral change by the employer.
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Covering the latest Court and Public Employment Relations Board (PERB) decisions and providing commentary on California public sector labor relations.
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About Me
- Tim Yeung
- Tim Yeung is an attorney with Renne Sloan Holtzman Sakai LLP in Sacramento, California. He exclusively practices labor and employment law, with a particular focus on the public sector.
about renne sloan
Renne Sloan Holtzman Sakai LLP provides legal representation for cities, counties, school districts, universities, special districts, state agencies, and non-profit organizations in all areas of labor, employment, and general government law. Visit our website at http://www.rshslaw.com/ or call us at 415.678.3800 (San Francisco), 916.273.1710 (Sacramento).
California Public Sector Employment Links
- Public Employment Relations Board (PERB)
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- Center for Collaborative Solutions
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What is PERB?
The California Public Employment Relations Board (PERB) is the administrative agency charged with administering the collective bargaining statutes covering over 2,000,000 public sector employees throughout the state of Claifornia. PERB's jursidiction includes employees of California's public schools, colleges, and universities, employees of the State of California, employees of California local public agencies (cities, counties and special districts), trial court employees and supervisory employees of the Los Angeles County Metropolitan Transportation Authority. PERB's official website is located here: http://www.perb.ca.gov/
Other Legal Resources
California Public Sector Labor Relations
Published by the Labor and Employment Law Section of the State Bar of California, this is the treastise on California public sector labor law. There is no substitute - if you practice in this area, you need this book!
"Pocket Guides" by the California Public Employee Relations Program
"Pocket guides" are available on a variety of public sector labor & employment law areas. These are great as a handy reference on everyday issues.
Published by the Labor and Employment Law Section of the State Bar of California, this is the treastise on California public sector labor law. There is no substitute - if you practice in this area, you need this book!
"Pocket Guides" by the California Public Employee Relations Program
"Pocket guides" are available on a variety of public sector labor & employment law areas. These are great as a handy reference on everyday issues.
The Fine Print
O.K., I’ll try to avoid legal jargon. The fact that you are reading this blog does not mean that I am your attorney or that I am giving you legal advice. I make every effort to get things right on this blog. But there may be times when I get something wrong, and if I do, you’ve been forewarned that you shouldn’t rely on the postings here as if they constituted real legal advice that you paid for, which you didn’t.