Existing law establishes the Public Employment Relations Board (PERB) . Under existing law, PERB has the power and duty to investigate an unfair practice charge and to determine whether the charge is justified and the appropriate remedy for the unfair practice. Existing law, the Meyers-Milias-Brown Act, regulates the labor relations of employees and employers of local public agencies. The act requires that a complaint alleging any violation of the act or of any rules and regulations adopted by a public agency pursuant to specified law be processed as an unfair practice charge by PERB. The act provides that the initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of the act is a matter within the exclusive jurisdiction of PERB, except that in an action to recover damages due to an unlawful strike, PERB does not have authority to award strike-preparation expenses as damages and does not have authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike.
Existing law, notwithstanding PERB's authority, grants the employee relations commissions for the City of Los Angeles and the County of Los Angeles the power and responsibility to take actions on all unfair practices, as specified.
This bill would prohibit, in an action to recover damages due to an unlawful strike, the City of Los Angeles Employee Relations Board and the Los Angeles County Employee Relations Commission from awarding strike-preparation expenses as damages and awarding damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. The bill would provide that PERB, in an action involving the City of Los Angeles or the County of Los Angeles, has exclusive initial jurisdiction over a request for injunctive relief that seeks to enjoin organization by employees or employee activity, including, but not limited to, a strike, as specified.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles Employee Relations Board and the Los Angeles County Employee Relations Commission.
Statutes affected: AB2889: 3509 GOV
02/15/24 - Introduced: 3509 GOV
03/18/24 - Amended Assembly: 3509 GOV
08/22/24 - Enrolled: 3509 GOV
09/20/24 - Chaptered: 3509 GOV
AB 2889: 3509 GOV