Glendale City Employees Assoc. v. PERB CA2/5

I. INTRODUCTION

Plaintiff, Glendale City Employees Association, appeals from an order sustaining the demurrer to its first amended mandate petition alleging a violation of Government Code1 section 3505. Plaintiff alleges the real party in interest, City of Glendale (the city), engaged in unfair labor practices by not negotiating in good faith as required by the section 3505. Plaintiff submitted a charge to defendant, the Public Employment Relations Board (the board). The board’s agent found the city was not negotiating in bad faith and refused to issue a complaint. The board sustained its agent’s findings and conclusions. We affirm the order sustaining the demurrer to the first amended petition without leave to amend.

II. BACKGROUND

A. Allegations Concerning The Negotiations

Plaintiff represents non-sworn miscellaneous city employees. It was established under the Meyers-Milias-Brown Act (the act). The city is a public agency within the meaning of the act. Between March 2010 and September 2010, the city and the plaintiff began negotiations concerning a successor memorandum of understanding. All of the negotiations were conducted in 2010. The negotiations began with an informal…