California Court of Appeal

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County of Sacramento v. AFSCME LOCAL 146, C054060, C054233

In a matter concerning the extent of jurisdiction the Public Employment Relations Board (PERB) has over claims arising under the Mayers-Milias-Brown Act (MMBA), grant of county's requests to enjoin unions from ordering or encouraging certain employees to participate in a strike are reversed where: 1) the strike at issue here was both arguably protected and arguably prohibited, and thus, falls within the scope of MMBA; 2) there was no reason to conclude the elimination of any reference to County Sanitation from the legislation ultimately enacted signaled an intent to withhold jurisdiction over health and safety issues from PERB; and 3) PERB has exclusive initial jurisdiction over a challenge to a strike that is arguably protected or arguably prohibited by the MMBA.

Appellate Information

  • Decided 07/28/2008
  • Published 07/28/2008

Judges

  • HULL, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Tami R. Bogert, Wendi L. Ross, Tammy Samsel, and Harry J. Gibbons, Sacramento, for Intervener and Appellant.

  • For Appellees:
  • Beeson, Tayer & Bodine, PC, and Matthew Morbello, Sacramento, for Defendant and Appellant AFSCME Local 146., Leonard Carder, LLP, Arthur A. Krantz and Margot A. Rosenberg, San Francisco, for Defendant and Appellant United Public Employees, Local No. 1., Robert A. Ryan, Jr., County Counsel, and Krista C. Whitman, Supervising Deputy Counsel, for Plaintiff and Respondent., Jennifer B. Henning, Sacramento, for the California State Association of Counties and League of California Cities as Amici Curiae on behalf of Plaintiff and Respondent.
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