Active Litigation

September 2016 – see current filings in the Prop B litigation. League of Cities Brief , PERB Request for Oral Argument , and Petition for request for oral argument.

July 2016 – see current filings in the Prop B litigation.  Boiling Writ , City Opening Brief , Brief of Real Parties – Unions -City  , and Brief of Real Parties – City – Boling  .

May 2016 – Letter from Unions to Mayor and Council – Joint Request for Cooperative Action Related to Prop B.  Click here to read the Letter.

January 2016 : City of San Diego has filed a Writ of Extraordinary Relief – see Part I here and Part II here. (the file was too large for one attachment).

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

DCAA’S UNFAIR LABOR CHARGE (2-15-12)

PERB COMPLAINT (3-2-12)

CITY’S ANSWER TO PERB COMPLAINT (3-22-12)

CITY’S MTN. TO DISQUALIFY PERB (3-22-12)

CITY’S MEMO RE DISQUALIFICATION (3-22-12)

WORLEY DECLARATION RE DISQUALIFICATION (3-22-12)

ALJ’S DECISION DENYING DISQUALIFICATION (5-19-12)

COURT OF APPEAL’S DECISION (6-19-12)

DCAA’s REQUEST FOR CONSOLIDATION (6-20-12)

ALJ’S LETTER TO CITY RE CONSOLIDATION REQ. (6-22-12)

CITY’S REPLY TO ALJ RE CONSOLIDATION (6-25-12)

ALJ’S DECISION RE PERB HEARING (6-29-12) 

CITY’S PETITION FOR REHEARING (6-29-12)  

ALJ’s NOTICE OF FORMAL HEARING (7-2-12)

CITY’S MOTION TO REVOKE SUBPOENAS (7-6-12)

CITY’S MOTION TO DISMISS PERB COMPLAINTS (7-6-12)

EXHIBITS TO CITY’S MOTION TO DISMISS (7-6-12)

CITY’S LETTER TO ALJ (7-6-12)

COURT ORDER TEMPORARILY RESTRAINING PROP B IMPLEMENTATION (7-10-12)

FIREFIGHTERS’ OPPOSITION TO CITY’S MOTION TO DISMISS (7-11-12)

DCAA’S JOINDER IN OPPOSITION TO MOTION TO DISMISS (7-11-12)

ALJ’S DECISION DENYING CITY’S MOTION TO DISMISS (7-12-12)

ALJ’S DECISION REGARDING EMAIL PRODUCTION (7-13-12)

CITY’S MOTION FOR NON-SUIT (7-30-12)

ALJ’S DECISION DENYING CITY’S NON-SUIT MOTION (7-31-12)

COURT ORDER DENYING PERB’S REQUEST FOR PRELIMINARY INJUNCTION (7-31-12)

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