REPRESENTING UNIONS & EMPLOYEES SINCE 1936
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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 Limits Public Employer Use of Scabs

August 9, 2021 by

The California Public Employment Relations Board has issued a decision clarifying the right of striking public employees to return to work following a strike and limiting the ability of public employers to use the employment… Read More

U.S. Supreme Court Rejects Two Attacks on Public Sector Union Representation

July 6, 2021 by and

At least for the time being, public sector unions can breathe a sigh of relief that they may continue to serve as the exclusive bargaining representative for all of the public employees in a bargaining… Read More

PERB Orders Reimbursement of Attorneys’ Fees as Make Whole Remedy for Unilateral Change

March 12, 2021 by

In an unusual case, PERB has awarded attorneys fee to a union as part of the remedy for an unlawful unilateral change. The case involved a collective bargaining agreement between the Sacramento City Teachers Association… Read More

Losing the Battle but Winning the War to Protect Public Pensions

September 23, 2020 by

The California Supreme Court recently issued a long-awaited decision with far-reaching impact in Alameda County Deputy Sheriff’s Association et al., v. Alameda County Employees’ Retirement Association et al. The key issue in this case was… Read More

PERB Orders Employer to Negotiate with Union Over Redactions to Requested Investigation Report

May 21, 2020 by

PERB recently confirmed that public employers may not unilaterally make unlimited redactions to disciplinary investigatory reports produced in response to union requests. Rather, PERB ruled, employers have a duty to meet and confer with the… Read More

Make Your Voice Heard: Ninth Circuit Blasts Local Restriction on Bullhorn Use

December 17, 2019 by

The Ninth Circuit Court of Appeals has blocked enforcement of a local ordinance that restricted the use of a bullhorn at protests. (Cuviello v. City of Vallejo (Dec. 12, 2019).) In this case, an animal… Read More

PERB Finds “Exploding” Offer, Without Rationale, Constitutes Bad Faith Bargaining

July 10, 2019 by

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

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

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

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