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California Municipal Law Blog
category:
Employment Law

New State Law Favoring Unions Takes Effect Following Supreme Court’s Janus Ruling

by on July 8, 2018

posted in Employment Law, Legislative Updates, Unions,

Governor Brown signed SB 866 into law after Janus v. American Federation of State, County, and Municipal Employees, 585 U. S. ____ (2018) was released by the Supreme Court on June 27, 2018.  SB 866 is an effort to give something back to the unions given that they lost agency fees when the Court in Janus declared those violative of the First Amendment and overturned Abood v. Detroit Bd. of Ed., 431 U. S. 209 (1977).  SB 866 applies to employers covered by PERB, including cities, special districts, and counties.  ... Continue Reading

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tags: Abood Case, Janus v. American Federation, Unions,

Paid Administrative Leave Now Considered Adverse Employment Action

by on June 14, 2018

posted in Employment Law, Recent Court Decisions,

Paid administrative leave may be considered an adverse employment action, a California Appellate court found in Whitehall v. Cty. of San Bernardino.  In Whitehall, the plaintiff was employed by San Bernardino County Children and Family Services (CFS) and was assigned to investigate a case in which a nine-month old baby died under suspicious circumstances. Plaintiff obtained the police report which showed the deceased child and four other children were living uninhabitable conditions. The report contained photographs of children with ligature and burn marks. However, the CFS deputy director instructed ... Continue Reading

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tags: Administrative Leave, Adverse Employment Action, Whistleblower Laws,

Supreme Court Hears Oral Arguments Today in Major Union Fee Case

by on February 26, 2018

posted in Employment Law, Unions,

The United States Supreme Court hears oral argument today in a case that could reshape finances for public employee unions in 22 states, including California, where those unions are able to collect “agency fees” from non-member public employees to cover the costs of negotiating collective bargaining agreements and representation services. Two years ago, the Court heard similar issues in Friedrichs v. California Teacher’s Association 136 S. Ct. 1083 (2016), however, the decision stalled 4-4 at the Court after Justice Scalia’s death prior to the decision, leaving the lower court decision ... Continue Reading

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tags: Collective Bargaining, Janus v. American Federation, Union Dues, Union Shop,

State Legislation Requires Public Unions to Have Access to New Public Employees

by on October 23, 2017

posted in Employment Law, Unions,

If public employers have not already done so, all should be prepared to engage with exclusive representative organizations over employee orientation and providing employee personal contact information to those exclusive representatives in the immediate future. Assembly Bill 119 is in effect now, and provided recognized employee exclusive representative organizations access to employees during employee orientation and also requires that employers provide employee organizations with personal contact information for bargaining unit employees on a regular basis.  ... Continue Reading

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tags: AB 119, Orientation, Public Employees, Unions,

Court of Appeals Holds MMBA Fact-finding Applies to all Impasses, not Just Those Concerning MOUs

by on March 31, 2016

posted in Employment Law, Recent Court Decisions, Unions,

The Fourth District Court of Appeals issued two decisions yesterday that held that fact-finding under the Meyers-Milias-Brown Act (“MMBA”) applies to all impasses between exclusive representatives and MMBA public agencies such as cities, counties, and special districts.  The results in these cases means that when impasse is reached in negotiations involving a city, county or special district with an exclusive representative employee organization, and that dispute involves subject matters within the scope of representation, the public agencies could be forced to engage in non-binding ... Continue Reading

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tags: AB 646, Fact-finding, MOUs, PERB,

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