Service Employees International Union v. County of Los Angeles

Plaintiff, Service Employees International Union, Local 434, appeals from judgment denying plaintiff’s petition for a writ of mandate which would have ordered defendant County of Los Angeles to meet and confer with plaintiff as the representative of a group of workers alleged to be employees of the county.

Factual and Procedural Background

The complaint alleged: Plaintiff is in the process of organizing home care workers who provide services to public aid recipients under the In-Home Supportive Services (IHSS) program (Welf. & Inst. Code, § 12300 et seq.). Over 12,000 home care workers, who have no recognized union representation, have authorized plaintiff to represent them in negotiations with the county. Plaintiff contends the home care workers are employees of the county for purposes of the Meyers-Milias-Brown Act (MMBA) (Gov. Code, § 3500 et seq.), which obligates local government employers to bargain with the representatives of their employees about wages, hours, and other terms and conditions of employment. The county denies that the home care workers are its employees. The complaint sought a determination that the home care workers are employees of the county for…

In my opinion In-Home Supportive Services (IHSS) providers are Los Angeles County employees for purposes of the Meyers-Milias-Brown Act (MMBA). My review of this appeal differs from the majority because I am convinced we should: (1) analyze this issue as a question of law; (2) exercise our own independent judgment to make our own factual determinations; and (3) decide the issue in light of the purposes of the MMBA. Furthermore, even if we analyze the issue using the common law indicia for determining whether an employer/employee relationship exists, I find the county is an employer of the IHSS providers.

I. The Issue Whether IHSS Providers Are County Employees Under the MMBA Is a Question of Law.

There are several grounds for analyzing the issue as a question of law. Those grounds are: (A) statutory interpretation of the MMBA is critical to our decision; (B) the Department of Social Services’ regulations provide an undisputed factual basis for our review; (C) other reviewing courts have decided analagous issues as questions of law; and (D) the two common law cases which the majority relies on for determining the issue as one of fact are not applicable because they involve…

Plaintiff, Service Employees International Union, Local 434, appeals from judgment denying plaintiff's petition for a writ of mandate which would have ordered defendant County of Los Angeles to meet and confer with plaintiff as the representative of a group of workers alleged to be employees of the county.

The complaint alleged: Plaintiff is in the process of organizing home care workers who provide services to public aid recipients under the In-Home Supportive Services (IHSS) program (Welf. & Inst. Code, § 12300 et seq.). Over 12,000 home care workers, who have no recognized union representation, have authorized plaintiff to represent them in negotiations with the county. Plaintiff contends the home care workers are employees of the county for purposes of the Meyers-Milias-Brown Act (MMBA) (Gov. Code, § 3500 et seq.), which obligates local government employers to bargain with the representatives of their employees about wages, hours, and other terms and conditions of employment. The county denies that the home care workers are its employees. The complaint sought a determination that the home care workers are employees of the county for purposes of the MMBA…