County of Contra Costa v. Public Employees Union Local One
Opinion
Opinion
Tami Bogert, Robin Wesley, Tammy Samsel and Harry J. Gibbons, for Intervener and Appellant.
Altshuler Berzon, Jonathan Weissglass and Linda Lye, for California State Council of Service Employees as Amicus Curiae on behalf of Defendant and Appellant and for Intervener and Appellant.
Silvano B. Marchesi, County Counsel, Cynthia A. Schwerin, Kevin T. Kerr and Kelly M. Flanagan, Deputy County Counsel for Plaintiff and Respondent.
Jennifer B. Henning for California State Association of Counties and League of California Cities as Amici Curiae on behalf of Plaintiff and Respondent.
SWAGER, J.
Appellants Public Employees Union Local One (Local One) and the Public Employment Relations Board (PERB) (collectively referred to as appellants) appeal an order of the trial court that concluded the PERB does not have exclusive initial jurisdiction over whether certain essential employees may be prevented from participating in a strike. Local One also contends that the court erred in failing to comply with the evidentiary hearing procedures found within Labor Code section 1138 et seq., before issuing its temporary restraining order. We affirm.