Ever wonder why so many unfair practice charges are dismissed or if you stand a chance of getting a board agent’s decision overturned by the board? Then you should attend, "Practicing Before PERB" sponsored by the California Public Employee Relations Program (CPER). The seminar will feature experts discussing the what to do when a charge is filed, what happens when a charge goes to hearing, and how to appeal a dismissal or proposed decision.
The seminar is being held on May 5, 2011, at the Junipero Serra State Building, Carmel Room, 320 W. 4th Street, Los Angeles, California. (Click here for the brochure). Advance registration is only $100. It should be a great program so if you're in the Los Angeles area you should consider attending!
Thursday, April 28, 2011
Wednesday, April 13, 2011
PERB Remains Without a Quorum
Board Member Kari Miner's last day was March 31, 2011. Because she was appointed by Governor Schwarzenegger on one of his last days in office she had not been confirmed by the Senate. That meant Governor Brown could withdraw her appointment at any time. That has left PERB with only two Board members and without a quorum to conduct any business.
So what happens if PERB receives a request for injunctive relief involving a strike? Remember, under City of San Jose v. Operating Engineers Local Union No. 3 (2010) 49 Cal.4th 597, the courts have held that PERB has exclusive initial jurisdiction to consider whether a strike constitutes an unfair practice. PERB actually considered that such a situation might occur and promulgated PERB Regulation 32470. That regulation provides that:
So what happens if PERB receives a request for injunctive relief involving a strike? Remember, under City of San Jose v. Operating Engineers Local Union No. 3 (2010) 49 Cal.4th 597, the courts have held that PERB has exclusive initial jurisdiction to consider whether a strike constitutes an unfair practice. PERB actually considered that such a situation might occur and promulgated PERB Regulation 32470. That regulation provides that:
In the event that a quorum of the Board itself is unavailable to act upon the request for injunctive relief within 24 hours after the time the General Counsel's recommendation is filed, the Board authorizes the General Counsel to seek injunctive relief in every case in which the General Counsel has reasonable cause to believe that such action is in accordance with Board policy and that legal grounds for injunctive relief are present.The question on everyone's mind is when Governor Brown will appoint new Board members and who they might be. Hopefully we'll find out soon.
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