Public Sector Cases

Noteworthy Public Sector Cases Litigated by Beeson, Tayer & Bodine Attorneys

• Retired Peace Officers Assn. v. PORAC (Sacramento Superior Court, 2012) The trial court held that officers and representatives of the Association did not breach a fiduciary duty or other obligation owed to an affiliated organization that had sued PORAC after the Association modified its bylaws, including an increase in the dues rate owed by the affiliates. In addition, the court ordered the affiliate to pay all outstanding dues and interest owed to the Association.
• Paulsen v. Teamsters Local 856 (Cal. Court of Appeal, 2011) In a case of first impression, the Court of Appeal agreed with the union that if any county or city employee covered by the Meyers-Milias-Brown Act (MMBA) claims that the union breached the duty of fair representation, the employee must file an unfair practice charge with PERB rather than a lawsuit in court. Claims for unpaid wages as compensation for a union’s breach of the duty of fair representation also are considered unfair practice charges within PERB’s exclusive jurisdiction.
• Santa Clara Valley Transp. Authority v. Rea (Cal. Court of Appeal, 2006). Court of Appeal reversed trial court holding that public employer required to recognize union representing managerial and supervisory employees notwithstanding employer’s argument that under the federal Labor Management Relations Act an employer may not be compelled to bargain with supervisors and managers.