Laserfiche WebLink
8A <br /> Page 10 <br /> agency responsible for investigating and making decisions related to charges of unfair labor <br /> practices—had exclusive jurisdiction over labor disputes, even when the matter in dispute is <br /> contained in a city's charter. <br /> The particular dispute the court considered involved San Francisco's negotiation with one of its <br /> labor unions to renew the union's Memorandum of lJnderstanding (MOU). After months of <br /> negotiation wifh the union, the city declared an impasse,which under San Francisco's charter <br /> required that the matter be submitted to mandatory binding arbitration. <br /> The union refused to participate in arbitration and the city sued the union+n court to compe!its <br /> participa#ion. �°he court deciined to accept ihe case stafing that fhe matter had to be submitted to <br /> PERB instead. The city appealed to the 1 st District Court of Appeal arguing that PERB did not <br /> have jurisdiction. The court disagreed, holding that PERB has exclusive jurisdiction to decide <br /> whether the union was required by the terms of the city's charter to participate in mandatory <br /> binding arbitration. <br /> i'his decision is of increased importance to cities given two cases currantly awaiting decisions <br /> from the court of appeal. Both cases invofve similar facts where a union is threatening to strike, <br /> and the agency seeks an injunction in superior court to prevent certain employees who perform <br /> critical healfh and safety functions from striking. <br /> ln one case,the superior court held that it did not have jurisdiction to issue an injunction as PERB <br /> had exclusive jurisdiction. ln the other case, a different court held the exact opposite and issued <br /> the injunction. The League has submitted friend-of-the-court briefs in both cases and is awaiting <br /> the decisions. <br /> The three cases are: City and County of San Francisco v. !nt'!Union of Operafing Engineers, <br /> Loca!39, 2007 WL 1560299; City of San Jose v. Operatrng Engineers Local No. 3, Case No. <br /> H030272; and County of Contra Cosfa v. Public Employees Union Loca! 1, Case No.A115095. <br /> Find a Bill, Legislators, Leg Committee, or Ask League Leg Staff <br /> Visik(and bookmark!)the League's Lepislative Resources Web page <br /> (www.cacities.orq/fepresources). You'fi find a roster and contact information for the League's <br /> legisla#ive staff;the online Bill Search program, background materiafs on lobbying your <br /> legislators, and more. <br /> 6 <br />