Cal Fire Local 2881 v. Public Employment Relations Bd.
Annotate this CasePlaintiff, an employee association that acts as the exclusive representative of a bargaining unit of personnel, appealed from the denial of its petition for a writ of mandate directing the PERB to issue a complaint on the unfair labor practice charge that plaintiff filed with it against real party in interest State Personnel Board. The Court of Appeal held that Los Angeles County Civil Service Com. v. Superior Court (1978) 23 Cal.3d 55, was neither controlling nor apposite; plaintiff failed to explain how the State Personnel Board's amendments to its own uniform hearing and appeals procedures translated into acting as an employer with respect to the members of plaintiff's unit; Gonzalez-Coke v. California State Employees Assn. did not control the outcome of this case; and plaintiff failed to otherwise offer any argument that would establish the State Personnel Board was acting as an employer. Therefore, the court affirmed the denial of the petition for writ of mandate.
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