Castaic Union School District (2010) PERB Decision No. J025-M (Issued on 12/7/10)
PERB has granted a request for judicial review by the California School Employees Association (CSEA) over the Board’s decision in Castaic Union School District (2010) PERB Decision No. A384E (“Castaic”). In Castaic, the Board overturned longstanding precedent by holding that school district employees in part-time playground positions, also referred to as "noon-duty aides," who do not otherwise hold a position in the classified service, are not covered by the Educational Employment Relations Act (EERA).
Under EERA, PERB decisions on unit determination issues are not reviewable by the courts unless PERB grants a request for judicial review. (Gov. Code, § 3542.) It’s a procedure that is rarely requested. Here, PERB held that the unit determination issue was a “novel” one and of “special importance.” Accordingly, PERB granted the request for judicial review. CSEA is now free to file a petition for relief with the courts.
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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)
- California Public Employer Labor Relations Association (CalPELRA)
- California Public Employee Relations Program (CPER)
- Labor and Employment Relations Association (LERA)
- International Public Management Association for Human Resources (IPMA)
- Public Employer Labor Relations Association of California (PELRAC)
- Center for Collaborative Solutions
- State Mediation and Conciliation Service (SCMS)
- Public Retirement Journal
- Public Agency Risk Management Association (PARMA)
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.