CALPELRA Alert: Limits On Union Rep Violate MMBA Rights
Can the local agency prohibit the union’s designated representative (a prosecuting attorney) from representing an employee (a criminal defense attorney) because of the potential incompatible and adversarial nature of the respective duties and obligations of the District Attorney and the Public Defender? Most practitioners are familiar with Weingarten rights to union representation for an individual employee undergoing an investigative interview that could reasonably lead to discipline. But what happens when the union assigns a Deputy District Attorney to represent an individual employee who is a Deputy Public Defender, creating potential legal and ethical conflicts? 

That is the central question in the recently decided San Bernardino County Public Attorneys Association v. County of San Bernardino (Office of Public Defender).  Read more here...
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. 15-08  Authors:  William F. Kay and Janet Cory Sommer, 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.