CALPELRA Alert: PERB Advisory Committee Discusses PERB's Goals
On March 5, 2015, PERB’s Advisory Committee met for the express purpose of discussing PERB’s goals and to receive comments from PERB’s constituents. The Advisory Committee met for about two hours, with two items on the meeting agenda: (1) an overview of short- and long-term goals from the manager of each division; and (2) an opportunity for constituents to share their concerns.

As a state agency, PERB has a relatively small staff. Aside from the five Board Members and their attorneys, PERB has seven Administrative Law Judges, fifteen attorneys in the General Counsel’s Office, nine State Mediators, and a smattering of administrative personnel. These individuals are charged with the administration of California’s seven public sector collective bargaining statutes.

Not surprisingly, PERB’s division managers’ goals included the need for additional personnel to handle the increased workload. (See PERB's constituent handout for a written description of the current functions of the various PERB divisions and their expressed short- and long-term goals.)

Roughly 35 non-PERB staff members attended the meeting, including union and management attorneys, union officers, labor relations neutrals, labor relations staff from cities and other agencies, lobbyists, and representatives of private organizations. Each individual was given the opportunity to express concerns about PERB, and some of the concerns expressed included:
  • Substantial delays in the processing of unfair practice charges from the initial filing through appeal to PERB. (This concern was expressed by a number of both union and management individuals.)
     
  • Concern over funds not being available to pay for factfinding under the EERA and HEERA. (Note: Unlike the EERA and HEERA, under the MMBA the parties share the cost of factfinding.)
     
  • Lack of neutrals/arbitrators who will take on factfinding for school districts under the EERA.
     
  • Instituting sanctions against parties filing frivolous claims with PERB, and instituting the award of attorney fees to the prevailing party.
     
  • The tendency to not settle unfair practice charges at the informal settlement conference, and the need to provide mechanisms to enhance settlement of unfair practice before the hearing.
     
  • A need for more precise guidance for those pursuing injunctive relief (e.g., strike injunctions) through PERB.
PERB’s constituent survey is still open, and will be until April 6.  Completing the survey will take anywhere from 10 to 20 minutes, depending on your degree of engagement. Even if your contact with PERB is limited, PERB is interested in your views. Aside from providing necessary customer feedback, this survey will also provide data for the ongoing Advisory Committee.
This Alert summarizes a significant recent court case, arbitration decision, legislation, or other important information.  The Alert format is not intended as a periodic review of all significant cases, but instead provides labor relations practitioners with key information for immediate guidance in day-to-day activities.
2015 CALPELRA President:  Scott Chadwick, City of San Diego
Alert No. 15-05  Author:  William F. Kay, Burke, Williams & Sorensen
The information contained in this publication is not intended to constitute professional counsel or a legal opinion. Although we consider the information to be timely and accurate, there is no substitute for personal counsel with a professional. Provided with specific facts, your attorney can fashion a solution sensitive to your needs.
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Copyright © 2015 CALPELRA (California Public Employers Labor Relations Association), All rights reserved.