City of Los Angeles v. City of Los Angeles Employee Relations Board
7 Cal. App. 5th 150
| Cal. Ct. App. | 2016Background
- DWP, a City department, challenged an ERB ruling against it regarding standby pay for MEA-represented employees.
- MEA alleged an unfair practices charge under the ERO by the DWP’s unilateral suspension of standby-pay arrangements.
- ERB held there was a binding past practice and ordered reinstatement of standby-pay who were affected.
- DWP filed a petition for writ of administrative mandate in superior court within 90 days of the ERB final order.
- MEA demurred, arguing section 3509.5 governs review of ERB decisions and requires Court of Appeal review within 30 days.
- Superior court sustained the demurrer but allowed amendment; DWP did not amend; case dismissed; DWP timely appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gov. Code § 3509.5 applies to ERB decisions. | DWP: § 3509.5 applies only to PERB, not ERB. | MEA: § 3509.5 governs all MMBA-related board decisions, including ERB. | § 3509.5 does not apply to ERB decisions. |
| What is the proper review path for ERB decisions if § 3509.5 does not apply? | Mandamus in superior court remains available to challenge ERB decisions. | Court of Appeal review under § 3509.5 is required for PERB, not ERB. | ERB decisions are not governed by § 3509.5; traditional mandamus/superior court review remains appropriate; remand for further proceedings. |
| Does Singletary control whether ERB decisions are reviewable in superior court? | Singletary supports ERB exclusive initial jurisdiction and Court of Appeal review. | Singletary dictates ERB review path; § 3509.5 applies to ERB decisions. | Court disagrees with Singletary on § 3509.5 applicability to ERB; ERB has exclusive initial jurisdiction but does not convert to Court of Appeal review under § 3509.5. |
Key Cases Cited
- Singletary v. International Brotherhood of Electrical Workers, Local 18, 212 Cal.App.4th 34 (Cal. Ct. App. 2012) (MMBA review and exhaustion principles; ERB exclusive initial jurisdiction (discussed))
- Coachella Valley Mosquito & Vector Control Dist. v. California Public Employment Relations Bd., 35 Cal.4th 1072 (Cal. 2005) (Legislative scheme for PERB and MMBA enforcement; election of review)
- International Assn. of Fire Fighters v. Public Employment Relations Bd., 51 Cal.4th 259 (Cal. 2011) (limits of section 3509.5 review and mandamus implications)
- County of Los Angeles v. Los Angeles County Employee Relations Com., 56 Cal.4th 905 (Cal. 2013) (MMBA enforcement and PERB context; ERCOM ERB framework)
- City of San Jose v. Operating Engineers Local Union No. 3, 49 Cal.4th 597 (Cal. 2010) (MMBA rights and enforcement; administrative review roles)