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AB 2889 – ERCOM Strike Damages

CATEGORY: Client Update for Public Agencies, Fire Watch, Law Enforcement Briefing Room
CLIENT TYPE: Public Employers, Public Safety
DATE: Oct 23, 2024

Under existing law, Public Employment Relations Board (PERB) possesses the authority and duty to investigate an unfair practice charge, to determine whether the charge is justified, and the appropriate remedy for the unfair practice. The Meyers-Milias-Brown Act (MMBA) regulates the labor relations of employees and employers of local public agencies.

The MMBA provides that the initial determination as to the appropriate remedy for an unfair practice is within the exclusive jurisdiction of PERB, except in an action to recover damages due to an unlawful strike. Under the MMBA, PERB does not have authority to award strike-preparation expenses as damages and does not have authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike by employees or an employee organization.

The City of Los Angeles and County of Los Angeles are not subject to PERB’s jurisdiction. At the City of Los Angeles, the City of Los Angeles Employee Relations Board possesses jurisdiction over unfair practice charges that employee organizations or the City of Los Angeles may file. At the County of Los Angeles, the Los Angeles County Employee Relations Commission (ERCOM) Board possesses jurisdiction over unfair practice charges that employee organizations or the County of Los Angeles may file

Assembly Bill 2889 (AB 2889) amends the law to prohibit the Employee Relations Board and ERCOM from awarding strike-preparation expenses as damages and awarding damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike, as is the case with PERB.

Under the new law, PERB also now has exclusive jurisdiction over an action involving the City of Los Angeles or the County of Los Angeles involving a request for injunctive relief that seeks to enjoin organization by employees or employee activity from participating in a strike.

(AB 2889 amends section 3509 of the Government Code.)

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