Decision 2464Ma – City of San Diego

LA-CE-746-M, LA-CE-752-M, LA-CE-755-M, LA-CE-758-M

Decision Date: May 2, 2019

Decision Type: PERB Decision

Description:  The Board issued an amended order in this matter after the Fourth District Court of Appeal partially modified a portion of the original decision.  In accordance with the directions of the California Supreme Court, the Fourth District fashioned an appropriate judicial remedy to  make the charging parties whole for the City’s violations of the MMBA.  Specifically, the Fourth District ordered the City to meet and confer over the effects of a ballot initiative affecting employees’ retirement benefits and to make affected employees whole by paying them the difference between what they received after the ballot initiative passed and what they would have received but for the City’s unlawful conduct.  Accepting the court’s decision as law of the case, the Board modified its original order accordingly.

Disposition:  The Board issued a modified decision in accordance with the opinion of the Fifth District Court of Appeal in Boling v. Public Employment Relations Board (2019) 33 Cal.App.5th 376.

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Perc Vol: 43
Perc Index: 180

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