The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.
Labor Law (Public Sector)
PERB Finds “Exploding” Offer, Without Rationale, Constitutes Bad Faith Bargaining
July 10, 2019 by
Kena Cador
Employers often use “exploding” offers – offers that expire on a certain date – as a hammer and incentive to move the parties to agreement. PERB has now issued an important decision placing limitations on… Read More
PERB Rules Employees Entitled to Reasonable Paid Released Time to Prepare for Negotiations
April 3, 2019 by
Andrew Baker
Most of California’s public sector labor relations statutes require employers to grant employees reasonable released time to participate in the meet and confer process. In 1978, PERB issued a decision that noted – as an… Read More
Employers Must Notify Employees of their Right to Decline Before Conducting Interviews in Preparation for PERB or Arbitration Hearings
March 28, 2019 by
Kena Cador
The NLRB has long had a rule that requires employers, prior to interviewing union members about an upcoming NLRB trial, to assure employees that their participation is voluntary and that no reprisals will be taken… Read More
Right to Union Representation Not Limited to Interviews
March 20, 2019 by
Kena Cador
In 2015, PERB held that the right to a union representative under California law is broader than the NLRA’s version under Weingarten. In 2017, in SEIU v. Sonoma County Superior Court, PERB extended Weingarten to… Read More
No Union Buttons for Courthouse Employees
January 10, 2019 by
Kena Cador
A California Court of Appeal ruled last month that the judiciary’s desire to appear neutral outweighs an employee’s interest in wearing union buttons and regalia. Superior Court of Fresno County v. Public Employment Relations Board…. Read More
PERB Rules Employees May Use Employer Email for Union Communications
July 16, 2018 by
Christopher Hammer
PERB, which has jurisdiction over most of California’s public sector employment, has adopted the same rule currently utilized by the NLRB for employee use of employer email systems.In 2014, the NLRB ruled in Purple Communications… Read More
LABOR GETS IMMEDIATE HELP FROM LEGISLATURE AND GOVERNOR TO DEAL WITH JANUS FALLOUT
July 3, 2018 by
John C. Provost
The Supreme Court issued its Janus decision, allowing public employees to opt out of paying fair share fees, at 10:00 a.m. Eastern Time June 27. By early afternoon the same day, right wing anti-union organizations… Read More
Court Upholds Right to Picket on School Premises
April 23, 2018 by
Sarah Kanbar
In the seminal case, Tinker v. Des Moines Independent Community School District, the United States Supreme Court explained that “[i]t can hardly be argued that either students or teachers shed their constitutional rights to freedom… Read More
Ninth Circuit Reaffirms General Right of Privacy for Public Employees to Engage in Off-Duty Sexual Behavior
March 5, 2018 by
Sarah Sandford-Smith
The Ninth Circuit Court of Appeals has issued a decision reaffirming a public employee’s general right of privacy and intimate association. Perez v. City of Roseville (No. 15-16430 (9th Cir. February 9, 2018)).The case involved… Read More
Court Ruling Protects the Public Sector Pensions
January 12, 2018 by
Robert Bonsall
Legacy members of the County retirement systems in Alameda, Contra Costa and Merced counties obtained a tremendous victory from California’s First Appellate District on January 8, 2018 in a closely watched case challenging certain provisions… Read More
PERB Finds “Exploding” Offer, Without Rationale, Constitutes Bad Faith Bargaining
July 10, 2019 by Kena Cador
Employers often use “exploding” offers – offers that expire on a certain date – as a hammer and incentive to move the parties to agreement. PERB has now issued an important decision placing limitations on… Read More
PERB Rules Employees Entitled to Reasonable Paid Released Time to Prepare for Negotiations
April 3, 2019 by Andrew Baker
Most of California’s public sector labor relations statutes require employers to grant employees reasonable released time to participate in the meet and confer process. In 1978, PERB issued a decision that noted – as an… Read More
Employers Must Notify Employees of their Right to Decline Before Conducting Interviews in Preparation for PERB or Arbitration Hearings
March 28, 2019 by Kena Cador
The NLRB has long had a rule that requires employers, prior to interviewing union members about an upcoming NLRB trial, to assure employees that their participation is voluntary and that no reprisals will be taken… Read More
Right to Union Representation Not Limited to Interviews
March 20, 2019 by Kena Cador
In 2015, PERB held that the right to a union representative under California law is broader than the NLRA’s version under Weingarten. In 2017, in SEIU v. Sonoma County Superior Court, PERB extended Weingarten to… Read More
No Union Buttons for Courthouse Employees
January 10, 2019 by Kena Cador
A California Court of Appeal ruled last month that the judiciary’s desire to appear neutral outweighs an employee’s interest in wearing union buttons and regalia. Superior Court of Fresno County v. Public Employment Relations Board…. Read More
PERB Rules Employees May Use Employer Email for Union Communications
July 16, 2018 by Christopher Hammer
PERB, which has jurisdiction over most of California’s public sector employment, has adopted the same rule currently utilized by the NLRB for employee use of employer email systems.In 2014, the NLRB ruled in Purple Communications… Read More
LABOR GETS IMMEDIATE HELP FROM LEGISLATURE AND GOVERNOR TO DEAL WITH JANUS FALLOUT
July 3, 2018 by John C. Provost
The Supreme Court issued its Janus decision, allowing public employees to opt out of paying fair share fees, at 10:00 a.m. Eastern Time June 27. By early afternoon the same day, right wing anti-union organizations… Read More
Court Upholds Right to Picket on School Premises
April 23, 2018 by Sarah Kanbar
In the seminal case, Tinker v. Des Moines Independent Community School District, the United States Supreme Court explained that “[i]t can hardly be argued that either students or teachers shed their constitutional rights to freedom… Read More
Ninth Circuit Reaffirms General Right of Privacy for Public Employees to Engage in Off-Duty Sexual Behavior
March 5, 2018 by Sarah Sandford-Smith
The Ninth Circuit Court of Appeals has issued a decision reaffirming a public employee’s general right of privacy and intimate association. Perez v. City of Roseville (No. 15-16430 (9th Cir. February 9, 2018)).The case involved… Read More
Court Ruling Protects the Public Sector Pensions
January 12, 2018 by Robert Bonsall
Legacy members of the County retirement systems in Alameda, Contra Costa and Merced counties obtained a tremendous victory from California’s First Appellate District on January 8, 2018 in a closely watched case challenging certain provisions… Read More
