San Diego Housing Com. v. Public Employment Relations Bd.
Annotate this CaseThe San Diego Housing Commission (Commission) was a local public agency subject to the Meyers-Milias-Brown Act (Act). The Commission and Service Employees International Union, Local 721 (Union) reached an impasse in negotiations over the effects of the Commission's decision to lay off two employees represented by the Union. The Union made a written request to the Public Employment Relations Board for the dispute to be submitted to a factfinding panel. The Board granted the request over the Commission's objection, and the Commission then filed suit seeking a declaration and writ of mandate to prohibit the Board from using factfinding procedures in this case, and to restrain the parties from using factfinding on matters unlrelated to the negotiation of an MOU. This appeal presented to the Court of Appeal whether the Act's provisions for impasse resolution through advisory factfinding applied to impasses arising during the negotiation of any bargainable matter or only to impasses arising during the negotiation of a comprehensive memorandum of understanding (MOU). The Court held that the factfinding provisions applied to impasses arising during the negotiation of any bargainable matter. As the trial court determined otherwise, the Court of Appeal reversed the trial court's judgment and remanded this case for further proceedings.
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