Public Sector News

Winnie Vien Winnie Vien

Court of Appeal confirms limits to the disclosure of union represented State workers’ contact information related to the collective bargaining process with the State

The largest strike in higher education ended just days before the new year, bringing as many as 48,000 academic student employees back to work from the picket line. For six weeks, UAW Local 2865—which represents teaching assistants, tutors, graders, and readers across the University of California system—had coordinated the strike with a bargaining unit composed of student researchers. Consequently, academic student employees represented by UAW Local 2865 may see wage increases of up to 66% over the course of the union’s tentative agreement with the UC system. Additionally, for the first time in their history, student researchers will have a collective bargaining agreement in the UC system.

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Zachary Angulo Zachary Angulo

Largest Higher-Education Strike in U.S. History Ends in Tentative Agreement

The largest strike in higher education ended just days before the new year, bringing as many as 48,000 academic student employees back to work from the picket line. For six weeks, UAW Local 2865—which represents teaching assistants, tutors, graders, and readers across the University of California system—had coordinated the strike with a bargaining unit composed of student researchers. Consequently, academic student employees represented by UAW Local 2865 may see wage increases of up to 66% over the course of the union’s tentative agreement with the UC system. Additionally, for the first time in their history, student researchers will have a collective bargaining agreement in the UC system.

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Ailyn Gonzalez Ailyn Gonzalez

SB 931 Makes Employers Pay for Deterring or Discouraging Union Activity

Under existing California law, it is unlawful for government employers to “deter or discourage” employees from becoming or remaining members of a union. The law ensures that public sector employees can make their own decisions about whether to belong to the union, free from pressure or coercion from their employer.

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Ailyn Gonzalez Ailyn Gonzalez

Ensuring Union Access to Public Sector Workers at New Employee Orientations (SB 191)

A union is its members. An employee organization must be able to access and empower workers, who in turn come together to improve the conditions in their workplace. Senate Bill 191 holds potential as a powerful organizing tool by ensuring a union’s right to access newly employed public sector workers in person at the worksite during working hours.

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William Hanley William Hanley

SB 1334 Guarantees Meal and Rest Break Rights for Public Sector Health Care Workers

With the passage of Senate Bill 1334, California’s public sector health care workers are now guaranteed meal and rest breaks, just like private sector employees. This is a tremendous victory for these front-line healthcare heroes, who have spent the past three years not only battling the COVID-19 pandemic, but also mental and physical exhaustion tied to severe understaffing.

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Maximillian Casillas Maximillian Casillas

PERB Holds State Employee had Right to Union Representation at Strip Search

On October 4, 2021, the Third District Court of Appeal affirmed a Public Employment Relations Board (“PERB”) decision that a state employee’s right to have a union representative present during an investigatory interview extends to having a representative in attendance during a strip search conducted for law enforcement purposes, even though there was no interrogation or questioning, pursuant to the Ralph C. Dills Act.

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Justin Mabee Justin Mabee

DOL Withdraws Trump Independent Contractor Rule

On May 6, 2021, the U.S. Department of Labor (“DOL”) officially withdrew an independent contractor rule promulgated in the waning days of the Trump Administration that would have favored app-based gig economy companies like Uber, Lyft, and DoorDash.

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Justin Mabee Justin Mabee

To Defer or Not To Defer, That is the Question

On March 2, 2021, the California Public Employment Relations Board (“PERB”) issued a decision in County of Santa Clara (2021) PERB Order No. Ad-485-M. This Santa Clara decision clarified existing precedent regarding when pre-arbitration deferral is appropriate in the public sector.

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Justin Mabee Justin Mabee

Retroactive Janus Cases Fail

Good news for Unions representing public employees! On January 25, 2021, the Supreme Court declined to hear a second wave of Janus-related cases that attempted to make Unions pay back years of lawfully collected fees.

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