California Court of Appeal

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County of Contra Costa v. Public Employees Union Local One, A115095

In an appeal primarily addressing challenges to a lower court order finding that the Public Employment Relations Board (PERB) did not have exclusive initial jurisdiction over whether certain essential employees may be prevented from participating in a strike, the court of appeals finds that: 1) a review of case precedents and legislative history did not support the proposition that PERB has exclusive initial jurisdiction over whether a strike by essential employees poses an imminent threat to public health and safety; and 2) in the absence of any indication of unfair labor attributes or practices in a given complaint, the Meyers-Milias-Brown Act was not implicated and did not afford PERB jurisdiction over the subject matter.

Appellate Information

  • Decided 05/22/2008
  • Published 05/22/2008


  • SWAGER, J.


  • California Court of Appeal


  • For Appellant:
  • Tami Bogert, General Counsel, Robin Wesley, Acting General Counsel, Tammy Samsel, Senior Regional Attorney, Harry J. Gibbons, Senior Regional Attorney, for Intervener and Appellant Public Employment Relations Board in Nos. A115095 and A115118., Altshuler Berzon, Jonathan Weissglass, Esq., Linda Lye, Esq., San Francisco, for California State Council of Service Employees, for Amicus Curiae on behalf of Appellants in Nos. A115095 and A115118.

  • For Appellees:
  • Leonard Carder,Arthur Krantz, Esq., Margot A. Rosenberg, Esq., San Francisco, for Defendant and Appellant Public Employees Union Local One in No. A115095., Silvano B. Marchesi, County Counsel, Cynthia A. Schwerin, Kevin T. Kerr, Kelly M. Flanagan, Deputy County Counsel, for Plaintiff and Respondent in Nos. A115095 and A115118,, Jennifer B. Henning, Esq., for California State Association of Counties and League of California Cities, for Amici Curiae on behalf of Plaintiff and Respondent in Nos. A115095 and A115118.
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