PERB Jurisdiction Over Public Strike Injunctions to be Decided by California Supreme Court

January 13, 2009 by Beeson Tayer & Bodine

The California Supreme Court has granted certiorari in several cases to decide whether, under the Meyers-Milias- Brown Act exclusive jurisdiction over employer requests to enjoin strikes by public employees whose services are considered essential to public safety rests with the Public Employees Relations Board (PERB) or with the superior courts. In the lead case, City of San Jose v. Operating Engineers Local 3, the Appellate Court ruled that San Jose’s request for a temporary restraining order and injunction should have been the subject of an unfair practice charge filed with the PERB, which was found to have initial exclusive jurisdiction over such requests.

This issue has acquired increased importance in recent years as public agencies have sought — often successfully – – to use the superior courts to enjoin broad classifications of employees from participating in strikes on the grounds that their services are essential to public safety. The courts often generously accept the public agencies’ designation of “essential” employees with little scrutiny or acknowledgment that a broad injunction will determine the outcome of a strike.

Public agencies have spoken uniformly that initial exclusive jurisdiction should rest with the superior courts, which they have found to be more favorable to their requests to enjoin strikes. Labor organizations, on the other hand, have argued that the PERB’s special expertise make it better suited to monitor and potentially resolve labor disputes.

California appellate courts have split on this issue; the First Appellate District ruled Contra Costa County could request an injunction in court without first going through the PERB, while the Third Appellate District ruled Sacramento County had to file a charge before it could go to court.

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