City of Palo Alto v. Public Employment Relations Board
Annotate this CaseThe Palo Alto charter provided that impasses in negotiations regarding wages, hours, and other terms and conditions of employment for the city’s police and firefighters would be submitted to binding interest arbitration. In 2011, the City Council voted to place on the ballot for the upcoming election a measure to repeal the binding interest arbitration provision. The firefighters’ union filed an unfair practice charge with the Public Employment Relations Board (PERB), alleging the city placed the measure before voters without consulting in good faith, as required by the Meyers-Milias Brown Act (Gov. Code 3500). A PERB administrative law judge (ALJ) found in the city’s favor. The decision was later reversed by PERB, which ordered the city to rescind its resolution. By that time, the measure repealing the binding interest arbitration provision had already been passed by the voters. The court of appeal found PERB’s conclusion that the union sufficiently requested to meet and consult with the city supported by substantial evidence. Constitutional issues raised by the city were meritless, but PERB’s order directing the city to rescind its resolution violated the doctrine of separation of powers by ordering a legislative body to take legislative action.
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