We reported a couple of weeks ago about a tentative ruling issued by a federal bankruptcy judge regarding the City of Stockton bankruptcy plan. At that time, the media reported that the judge found that the City could cut its pension obligations to CalPERS in order to pay greater sums to Wall Street creditors or... continue reading

The Public Employee Relations Board (“PERB”) recently issued a decision in Service Employees International Union, Local 521 v. County of Fresno, PERB Decision No. 2352-M, clarifying that a request to withdraw an unfair practice charge after a proposed decision is issued will be granted but only with prejudice. In that case, SEIU sought to withdraw... continue reading

Many labor representatives will have heard or read media reports about the “ruling” by a federal bankruptcy judge about the City of Stockton bankruptcy plan. In particular, media reports have focused on the idea that the “ruling” permits the City to cut its pension obligations to CalPERS in order to pay greater sums to Wall Street... continue reading

Gary Messing will be inducted as a Fellow into The College of Labor and Employment Lawyers this November at the 19th Annual Induction Dinner, a red carpet affair in Los Angeles, held in conjunction with the ABA’s 8th Annual Labor and Employment Law Conference. The primary purpose of the College is recognition of individuals, sharing... continue reading

Proponents of a referendum will not appeal a ruling that invalidated a pension-cutting ballot measure. Last week, the measure was invalidated by Judge Kent Kellegrew. An appeal was widely expected, including by the court, which had stayed its decision long enough to allow an appellate court to rule prior to the printing deadline for November... continue reading

On August 4, 2014, the Ventura County Superior Court ordered the County to remove an initiative from the ballot that would have phased out the County’s defined benefits pension plan and replaced it with a 401(k). A second question on the measure, if approved, would have set a cap on retirement benefits. The court invalidated... continue reading

CalPERS annuitants who work while in retirement prevailed this week in a lawsuit concerning their hourly rate of pay. The annuitants, retired deputies who work as courtroom deputies and courthouse security, filed an unlawful pay suit late last year against Santa Clara County and its Sheriff’s Office pursuant to the law governing CalPERS pensions. A... continue reading

The United States Supreme Court continued its assault on fair share fees (also known as agency fees) last week in an opinion issued in Harris v. Quinn. The good news is that the majority did not find fair share fees unconstitutional, as many had feared it would. Carroll Burdick had filed an amici brief with... continue reading

In Selma Firefighters Association, IAFF, Local 3716 v. City of Selma (2014) PERB Decision No. 2380-M, the Board held that economic exigencies and an impending budget deadline did not justify the City of Selma declaring a bargaining impasse and imposing its alleged last, best, and final offer (“LBFO”). The Board explained “it has long been... continue reading

The United States Supreme Court avoided striking down fair share fees as unconstitutional when it issued its ruling today in a federal class action, Harris v. Quinn. In this case, Carroll Burdick filed with the Supreme Court an amici brief on behalf of a national coalition of public safety employees’ unions, urging the court to... continue reading