REPRESENTING UNIONS & EMPLOYEES SINCE 1936
facebook twitter linkedin youtube

Oakland: 510.625.9700 | Sacramento: 916.325.2100

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 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

No Union Buttons for Courthouse Employees

January 10, 2019 by

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

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

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

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