California Court of Appeal

In a labor dispute between firefighter's union and the city, trial court's ruling allowing the Public Employment Relations Board (PERB)to intervene and granting its motion to dismiss the action based on the agency's exclusive initial jurisdiction over the underlying labor dispute is reversed as, under the amended Myers-Milias-Brown Act section 3509(a), the court now has exclusive jurisdiction to determine the disputed issues in the case.

Appellate Information

• Decided 10/14/2009
• Published 10/14/2009

Judges

• McADAMS, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Wylie, McBride, Platten & Renner, Christopher E. Platten, Mark Renner, San Jose, for Appellant., Davis, Cowell & Bowe, LLP, W. David Holsberry, Paul L. More, San Francisco, for Amicus Curiae, California Professional Firefighters., Woodley & McGillivary, Thomas A. Woodley, Baldwin Robertson, Richard J. Bialczak, for Amicus Curiae, Int'l Assoc. of Fire Fighters, AFL-CIO.


• For Appellees:
  
• Office of the City Attorney, Richard Doyle, City Attorney, George Rios, Asst. City Attorney, Robert Fabela, Sr. Deputy City Attorney, for Respondent City of San Jose., Tami R. Bogert, General Counsel, Wendi L. Ross, Deputy General Counsel, for Respondent Public Employment Relations Board.