A Santa Clara County Superior Court judge has declared unconstitutional the City of San Jose’s attempt to increase employee pension contributions and reduce retirement benefits because this would unconstitutionally impair employees’ contractual rights under the “vested rights doctrine.” Judge Patricia M. Lucas’s tentative decision, if made final, would invalidate the key components of “Measure B,”... continue reading

In a ruling with potential implications for California public sector unions, a federal bankruptcy judge in Michigan ruled this week that Detroit is eligible to declare bankruptcy and that Detroit’s pension obligations would be treated the same as any other contractual obligation for bankruptcy purposes. The Court found that public employee pensions are not protected... continue reading

Recently, a trial court ruled against the argument by the Public Employment Relations Board (“PERB”)* that fact finding under the MMBA, as set forth in AB 646, applies to effects/impact bargaining. In County of Riverside v. PERB (SEIU Local 721), the County argued that fact finding is limited to disputes arising from collective bargaining for... continue reading

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

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

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

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

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

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

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