City and County of San Francisco (PERB 2540MA)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
TRANSPORT WORKERS UNION OF AMERICA
LOCAL 250, SERVICE EMPLOYEES
INTERNATIONAL UNION, LOCAL 1021,
INTERNATIONAL ASSOCIATION OF
MACHINISTS LOCAL 1414, INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS
LOCAL 6, TRANSPORT WORKERS UNION
LOCAL 200,
Charging Parties,
v.
CITY & COUNTY OF SAN FRANCISCO,
Respondent.
Case No. SF-CE-827-M
PERB Decision No. 2540a-M
November 15, 2019
Appearances: Law Office of Kenneth C. Absalom by Kenneth C. Absalom and James A.
Achermann, Attorneys, for Transport Workers Union of America Local 250; Weinberg, Roger
& Rosenfeld by Alan Crowley, Attorney, for Service Employees International Union Local
1021 and International Association of Machinists Local 1414; Leonard Carder by Peter
Saltzman, Attorney, for International Brotherhood of Electrical Workers Local 6; Neyhart,
Anderson, Flynn & Grosboll by Benjamin K. Lunch, Attorney, for Transport Workers Union
Local 200; Meyers, Nave, Riback, Silver & Wilson by Arthur A. Hartinger, Attorney, for City
& County of San Francisco.
Before Banks, Shiners, and Paulson, Members.
DECISION
BANKS, Member: This case is before the Public Employment Relations Board (PERB
or Board) after the Court of Appeal for the First Appellate District issued its unpublished
opinion and order in City and County of San Francisco v. Public Employment Relations Board
(Cal. Ct. App., July 22, 2019, No. A152913, 2019 WL 3296947). Pursuant to the Court of
Appeal’s order, as discussed below, we vacate in part City & County of San Francisco (2017)

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PERB Decision No. 2540-M (San Francisco), and issue a modified remedial order in this
matter.
In San Francisco, supra, PERB Decision No. 2540-M, we concluded that the City and
County of San Francisco (City) violated the Meyers-Milias Brown Act (MMBA) and PERB
Regulations.1 Among other remedies, we declared void parts of City Charter sections 8A.104
subdivision (o) and 8A.104 subdivision (q), as adopted through Proposition G.
In its opinion and order, the Court of Appeal set aside those parts of our original
decision and order that invalidated the first, second, and fourth sentences of City Charter
section 8A.104, subdivision (o), and the first three sentences of City Charter section 8A.104,
subdivision (q). The opinion left unchanged that part of our decision and order invalidating the
third sentence of City Charter section 8A.104, subdivision (o), and the fourth sentence of City
Charter section 8A.104, subdivision (q).
In accordance with the First District’s opinion, we hereby VACATE the discussion and
related conclusions of law in San Francisco, supra, PERB Decision No. 2540-M, addressing
the first, second, and fourth sentences of City Charter section 8A.104, subdivision (o), and the
first three sentences of City Charter section 8A.104, subdivision (q). The remainder of the
decision shall remain in effect. We also vacate our original order and issue the following
modified order in this matter.
Pursuant to section 3509, subdivision (a) of the Government Code, it is ORDERED that
the City and its representatives shall:
1 The MMBA is codified at Government Code section 3500 et seq. PERB Regulations
are codified at California Code of Regulations, title 8, section 31001 et seq.
2

A. 	CEASE AND DESIST FROM:
1. 	Adopting or enforcing unreasonable regulations in the form of the third
sentence of section 8A.104, subdivision (o), and the fourth sentence of subdivision (q) of the
City Charter, as adopted through Proposition G.
2. 	Interfering with bargaining unit members’ right to participate in the
activities of an employee organization of their own choosing.
3. 	Denying Transport Workers Union of America Local 250-A, Transport
Workers Union Local 200, International Brotherhood of Electrical Workers, Local 6, Service
Employees International Union Local 1021, and International Association of Machinists and
Aerospace Workers Local 1414 (the Unions) their right to represent employees in their
employment relations with the City.
B. 	TAKE THE FOLLOWING AFFIRMATIVE ACTIONS DESIGNED TO
EFFECTUATE THE POLICIES OF THE MMBA:
1. 	Within ten (10) workdays of service of the decision in this matter, post at
all work locations in the City, where notices to employees customarily are posted, copies of the
Notice attached hereto as an Appendix. The Notice must be signed by an authorized agent of
the City, indicating that the City will comply with the terms of this Order. Such posting shall
be maintained for a period of thirty (30) consecutive workdays. Reasonable steps shall be
taken to ensure that the Notice is not reduced in size, altered, defaced or covered with any
other material. In addition to physical posting of paper notices, the Notice shall be posted by
electronic message, intranet, internet site, and other electronic means customarily used by the
City to communicate with its employees.
2. 	Within thirty (30) workdays of service of the decision in this matter,
notify the General Counsel of PERB, or his or her designee, in writing of the steps taken to
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comply with the terms of this Order. Continue to report in writing to the General Counsel, or
his or her designee, periodically thereafter as directed. All reports regarding compliance with
this Order shall be served concurrently on the Unions.
Members Shiners and Paulson joined in this Decision.
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APPENDIX
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
An Agency of the State of California
After a hearing in Unfair Practice Case No. SF-CE-827-M, Transport Workers Union of
America Local 250-A, Transport Workers Union Local 200, International Brotherhood of
Electrical Workers, Local 6, Service Employees International Union Local 1021, and
International Association of Machinists and Aerospace Workers Local 1414 v. City & County
of San Francisco, in which all parties had the right to participate, it has been found that the
City & County of San Francisco (City) violated the Meyers-Milias-Brown Act (MMBA),
Government Code section 3507, and PERB Regulation 32603, subdivision (f) (Cal. Code
Regs., tit. 8, sec. 31001, et seq.), when it adopted or enforced an unreasonable regulation in the
form of City Charter section 8A.104, specifically the third sentence of subdivision (o), and the
fourth sentence of subdivision (q), as contained in Proposition G. This conduct also violated
the MMBA, Government Code section 3506, and PERB Regulation 32603, subdivision (a), by
interfering with the right of bargaining unit members to participate in an employee
organization of their own choosing, and Government Code section 3503 and PERB Regulation
32603, subdivision (b), by denying the Transport Workers Union of America Local 250-A,
Transport Workers Union Local 200, International Brotherhood of Electrical Workers, Local 6,
Service Employees International Union Local 1021 and International Association of
Machinists and Aerospace Workers Local 1414 (collectively, Unions) their right to represent
employees in their employment relations with the City.
As a result of this conduct, we have been ordered to post this Notice and we will:
A. 	CEASE AND DESIST FROM:
1. 	Adopting and enforcing unreasonable regulations in the form of City
Charter section 8A.104, specifically the third sentence of subdivision (o) [unlawfully requiring
the Unions to “prove by clear and convincing evidence that the justification for such restrictions
outweighs the public’s interest in effective, efficient, and reliable transit service and is consistent
with best practices”], and fourth sentence of subdivision (q) [unlawfully mandating the
expiration of all side-letters no later than the expiration of the MOU], as adopted through
Proposition G.
2. 	Interfering with bargaining unit members’ right to participate in the
activities of an employee organization of their own choosing.
3. 	Denying the Unions their right to represent employees in their
employment relations with the City.
Dated: _____________________ 	CITY & COUNTY OF SAN FRANCISCO
By: _________________________________
Authorized Agent
THIS IS AN OFFICIAL NOTICE. IT MUST REMAIN POSTED FOR AT LEAST THIRTY
(30) CONSECUTIVE WORKDAYS FROM THE DATE OF POSTING AND MUST NOT BE
REDUCED IN SIZE, DEFACED, ALTERED OR COVERED WITH ANY OTHER
MATERIAL.