AFSCME Local 101 v. City of San Jose
Dec 06, 2013OUTCOME: Won
PERB reversed dismissal of Union's unfair practice charge and ordered issuance of complaint alleging City engaged in unlawful "piecemeal" bargaining.
Oakland, CA
Employment and labor Lawyer at Oakland, CA
Practice Areas: Employment & Labor
OUTCOME: Won
PERB reversed dismissal of Union's unfair practice charge and ordered issuance of complaint alleging City engaged in unlawful "piecemeal" bargaining.
OUTCOME: Won
In a case of first impression, the Cal. 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 o ... f 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.
OUTCOME: Won
(9th Cir. Court of Appeals upheld preliminary injunction forbidding employer conduct and maintaining status quo pending arbitration as injunction was necessary to preserve union’s arbitration remedy.