Pocket Guide to Unfair Practices: California Public Sector

By Carol Vendrillo and Eric Borgerson
4th edition, 2006

$15 each

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This guide provides a comprehensive look at the unfair practices created by state laws covering public school, state, higher education, and local government employees. The 4th edition details important developments in California’s public sector labor law, including the Board’s new arbitration deferral standards, restoration of the doctrine of equitable tolling, and the addition of three new statutes to PERB’s jurisdiction:

• Trial Court Employment Protection and Governance Act (TCEPGA), which governs labor relations between California state trial courts and their employees;
• Trial Court Interpreter Employment and Labor Relations Act (TCIELRA), which governs labor relations between the trial courts and court interpreters; and
• Los Angeles Country Metropolitan Transportation Authority Transit Employer-Employee Relations Act (TEERA), which covers supervisory employees of the transit agency.

Along with extensive new statutory and regulatory text, the guide includes the unfair practice sections of EERA, the Dills Act, HEERA, the MMBA, TCEPGA, TCIELRA, and TEERA. A guide to cases further elaborates what conduct is unlawful, and a glossary defines labor relations terms.

 

Contents

Introduction	1
I. Unfair Practices	3
A. Unfair Practices Under the PERB-Administered Statutes	5
B. Types of Unfair Practices	8
1. Duty to bargain	8
a. Scope of bargaining	8
b. Good faith bargaining	12
c. Unilateral action	12
2. Duty to participate in impasse procedures	15
3. Duty to provide information	17
4. Strikes and other concerted activities	19
a. Strikes under EERA, HEERA, and the Dills Act	19
b. Strikes under the MMBA	21
c. Strikes under TCEPGA and TCIELRA	22
d. Strikes under TEERA	23
5. Protected activities	23
a. Interference with protected activity	25
b. Discrimination or reprisal for protected activity	25
6. Interference with union's rights	26
a. Access to work site	27
b. Right to information	28
c. Released time	29
7. Employer domination of, and assistance to, union	30
8. Duty of fair representation	31
9. Bypassing the exclusive representative	34
a. Going to hearing	102
b. The hearing	102
c. The ALJ's decision	103
10. Appeal to the board	104
11. Reconsideration of a decision	105
12. Judicial review of PERB decisions	105
13. MMBA, TCEPGA, and TCIELRA	106
V. Glossary of Terms	109
VI. Table of Cases	119
VII. Index of Terms	133