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News & Recent Developments

Gregg Adam selected as a Top 20 Municipal Lawyer in California by the Daily Journal

   Published on:  11 Nov, 2013

Carroll Burdick & McDonough LLP is pleased to announce Public Sector Labor Partner Gregg Adam has been selected for inclusion in the Daily Journal’s Top 20 Municipal Lawyers. The Daily Journal describes this select group of California lawyers as “unsung legal heroes” in a wide range of practice areas. Gregg was the only union-side lawyer … continue reading

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Effective January 1, Public Agencies are Barred from Taking Action Against a Peace Officer Solely Because the Officer’s Name is on a Brady List

   Published on:  06 Nov, 2013

A new amendment to the Public Safety Officers Procedural Bill of Rights bans public agencies from disciplining, firing, demoting, or denying a promotion to a peace officer merely because a Brady list includes the peace officer’s name. Brady lists are maintained as a result of Brady v. Maryland, under which a criminal prosecutor must disclose … continue reading

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U.S. Supreme Court to Consider Broad Challenge to Unions’ Right to Collect Agency Fees

   Published on:  23 Oct, 2013

On October 1, the United States Supreme Court agreed to hear the appeal of a federal class action, Harris v. Quinn, regarding the constitutionality of compelled payment of fair share fees. In that case, nonmember home health workers in Illinois claimed fair share (or “agency”) fees—fees unions have long been able to charge nonmembers for … continue reading

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Release Time Rights Under MMBA to Expand

   Published on:  11 Sep, 2013

Monday, the Governor signed a bill that significantly expands release time rights under the Meyers-Milias-Brown Act, which governs local public entities’ labor relations. Currently, the MMBA (Gov. Code § 3505.3) provides that an employer must allow a reasonable number of employee representatives paid time off when “formally meeting and conferring with representatives of the public … continue reading

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Public Employer Must Arbitrate Contract Dispute Over Furloughs or Other Wage and Work-Hour Reductions, Even During a Fiscal Emergency

   Published on:  30 Jun, 2013

Today in City of Los Angeles v. Superior Court (Engineers & Architects Association) (2013) S192828, the California Supreme Court published one of the most important decisions in decades protecting the collective bargaining rights of public employees by confirming that disputes over wages and work hours are subject to arbitration, even during a declared fiscal emergency. … continue reading

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Union Has a Right to Names and Contact Information for Fair Share Payers

   Published on:  04 Jun, 2013

On Thursday, May 30, 2013, in County of Los Angeles v. Los Angeles County Employee Relations Commission (2013) S191944, the California Supreme Court issued an important decision establishing the right of public sector labor associations to obtain from public entities the names and addresses of non­member fair share fee payers. The case arose from a … continue reading

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Trial Court Requires City Officials to Disclose, as Public Records, Their Texts, Emails, and Voicemails from Personal Electronic Devices

   Published on:  05 Apr, 2013

The Superior Court in Santa Clara County found that when public duties are executed by officers and agents through communications on their private accounts and devices, those communications by city officers reasonably fall within the definition of a record “prepared, owned, used, or retained” under the California Public Records Act. The Court concluded the City’s … continue reading

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California Supreme Court Hears Arguments on Public Employees’ Right to Grievance Arbitration

   Published on:  03 Apr, 2013

This morning, Gregg Adam, Carroll Burdick San Francisco office Labor Partner, argued before the California Supreme Court on behalf of the Engineers and Architects Association of Los Angeles in a case that threatened to abolish the arbitration rights of local public employees in California. CBM persuaded the Supreme Court to review a Court of Appeal decision … continue reading

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California Supreme Court Lets Stand the Published Court of Appeal Decision Ruling Against Privatization

   Published on:  30 Nov, 2012

On Wednesday, November 28, 2012, the California Supreme Court rejected the City of Costa Mesa’s challenge to a ruling by the Fourth District Court of Appeal which upheld an injunction enjoining the general law city from privatizing many of its municipal functions and laying off a large portion of its workforce. In a further victory, … continue reading

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Amendment to Government Code Provisions Mandating Fact-Finding

   Published on:  18 Sep, 2012

Governor Brown’s office announced yesterday that he has signed into law Assembly Bill 1606, which changes the timeline for making fact-finding requests under Government Code section 3505.4. Previously, the deadline to request fact-finding was within 30 days following the appointment or selection of a mediator pursuant to the parties’ agreement or mediation process pursuant to … continue reading

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