International Ass'n of Fire Fighters v. Public Employment Relations Board

Facing a budget crisis, the City of Richmond decided to lay off 18 of its firefighter employees. The firefighters’ union tried to negotiate with the city to avert the layoffs, but the city refused to bargain over its layoff decision. The union turned to the Public Employment Relations Board (PERB), the state agency charged with enforcing state labor laws affecting local government employees. PERB would not issue a complaint, however, because it concluded that the city’s refusal to bargain had not violated state law. The union then brought an action in superior court, but that court agreed with PERB that no unfair labor practice had occurred. On the union’s appeal, the Court of Appeal affirmed the superior court’s judgment.

Here, we address two issues: (1) If, after receiving an unfair labor practice charge, PERB decides not to issue a complaint, is that decision ever subject to judicial review? (2) Is a city’s decision to lay off firefighters for fiscal reasons a matter that is subject to collective bargaining?

On the first question, we agree with the Court of Appeal that although PERB’s refusal to issue a complaint is generally not subject to judicial review, this…

The substantive issue in this case is whether the City of Richmond’s decision to lay off 18 of its firefighters for fiscal reasons in 2003 is a matter subject to collective bargaining under the Meyers-Milias-Brown Act. (Gov. Code, § 3500 et seq.; MMBA.) 1 The trial court and Court of Appeal concluded it is not. The majority likewise concludes it is not and affirms the judgment. I fully concur in that holding. In finding the city was not obligated to bargain with the International Association of Fire Fighters, Local 188, AFL-CIO (Local 188) over the layoff decision itself, as opposed to meeting and conferring over the effects or impact of the layoffs, we merely reaffirm the holding to that effect reached by this court 36 years ago in Fire Fighters Union v. City of Vallejo (1974) 12 Cal.3d 608 [ 116 Cal.Rptr. 507 , 526 P.2d 971 ] {Vallejo). Vallejo made clear that although a public employer must bargain with its employees about the timing of layoffs and the number and identity of the employees affected, it need not bargain over the layoff decision itself. (Vallejo, at p. 621; see maj. opn., ante, at pp. 276-277.) As the majority observes, “[t]his interpretation of Vallejo, supra, 12…