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PERB Hearing Canceled; Advocacy Continues at PERB

Advocacy Continues at PERB. Shortly after CAPS notified CalHR of our impending strike from November 15 – 17, 2023,  CalHR filed an Unfair Practice Charge (UPC) against CAPS with the Public Employee Relations Board (PERB) and PERB ultimately issued a complaint against CAPS. CalHR filed a UPC against CAPS for going on strike, insisting that CAPS was still bound by the previous Memorandum of Understanding (MOU) – and the No Strike clause. 

The hearing originally scheduled for this week will not occur as CAPS and CalHR have now agreed on a set of facts and exhibits PERB will use to decide the case and will now prepare written briefs for a PERB Judge’s consideration. This was possible because the basic facts are not at issue: CAPS and the State were at impasse, CAPS called a strike, CAPS members struck, and PERB issued a Complaint based on CalHR’s UPC. What is contested is what all of those facts mean and how the Dills Act should be applied. Next steps in this process is for both CAPS attorneys and CalHR attorneys to prepare written briefings for PERB’s consideration.

CAPS will continue to defend the legality of our November strike before PERB. As we have previously explained, after PERB declares impasse – which they did for the matter between CAPS and CalHR on September 26, 2023 – the Evergreen Clause of the Dills Act no longer applies. The Dills Act is clear: once impasse was declared, our previous MOU  – and the No Strike clause – was no longer enforceable. The State caused our strike by failing to take its bargaining obligation seriously. The State may now impose any or all of its last, best, and final offer (LBFO), subject to Legislative approval where required.  You can read about bargaining, impasse, and the Dills Act here.  

To be clear, the UPC filed against us has nothing to do with the LBFO, and does not interfere with our right to future collective actions. 

Stay tuned for more information to come.

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