City of San Jose v. International Assn. of Firefighters, Local 230

This appeal arose out of a labor dispute between respondent City of San Jose and appellant International Association of Firefighters, Local 230, which represents city firefighters. At issue here is the role of the agency charged with administering public employment statutes, the Public Employment Relations Board (PERB). After the trial court permitted it to intervene, PERB made a successful motion to dismiss the action based on the agency’s exclusive initial jurisdiction over the underlying labor dispute.

Appellant challenges the judgment of dismissal on both constitutional and statutory grounds. First, appellant asserts, under state constitutional home rule provisions, the dispute concerns a municipal affair that is beyond the employment statute’s reach. Moreover, appellant contends, even assuming that the statute applies, when correctly interpreted, it denies PERB jurisdiction in this case. Finally, appellant urges, a recent statutory amendment compels reversal of the judgment of dismissal.

We agree with appellant’s final contention, which we find dispositive. We therefore reverse the judgment of dismissal on that ground.

INTRODUCTION; LEGAL BACKGROUND

To provide…