May 2016 – Letter from Unions to Mayor and Council – Joint Request for Cooperative Action Related to Prop B. Click here to read the Letter.
Full PERB Board Decision issued on December 29, 2015 – upholding lower decision on Prop B. See the full ruling here.
BREAKING NEWS: CITY LOSES UNFAIR LABOR PRACTICES CASE
PROPOSITION B DECLARED ILLEGAL
PERB DECISION HERE: PERB Decision
RULING ON DCAA’S UNFAIR LABOR PRACTICES CHARGE EXPECTED SOON
Whether City Officials Violated State Law at Issue
Rather than meet and confer with the DCAA and its sister unions regarding pension reform, Mayor Jerry Sanders bypassed state law and proceeded to spearhead an initiative amending the City Charter. On June 5, 2012, voters overwhelmingly passed the Mayor’s initiative, Proposition B. Proposition B freezes all City salaries for six years and mandates that all new City hires, except for police officers, be placed in a 401(k) defined contribution plan, rather than the City’s current defined benefit contribution plan. It also requires that current City employees make “substantially equal” contributions towards their pension plan.
Before the Mayor’s initiative was placed on the ballot, the DCAA demanded that the Mayor meet and confer regarding his new pension plan. The Mayor refused, and the DCAA filed an unfair labor practices charge with the Public Employees Relations Board (“PERB”), and the DCAA’s charge was consolidated with MEA’s and other union’s unfair labor charges.
The City successfully obtained a temporary restraining order (“TRO”) from the San Diego Superior Court, which prevented the MEA PERB charge from proceeding forward to a hearing. In the meantime, PERB held DCAA’s unfair labor charge in abeyance. MEA petitioned the local Court of Appeal to vacate the TRO. On June 19, 2012, the Court of Appeal granted MEA’s petition and ruled that the Superior Court erred in stopping the PERB administrative proceedings before the election. Ultimately, the California Supreme Court denied the City’s petition to review this decision.
In July, the assigned Administrative Law Judge (“ALJ”) in the PERB case conducted a hearing on the DCAA’s unfair labor charge against the City in Los Angeles. The ALJ denied the City’s post-hearing motion for dismissal and non-suit. The matter is now fully briefed with a ruling on the DCAA’s unfair labor charges expected any day.
PERB PLEADINGS AND RELATED COURT ORDERS