Fresno County Superior Court (PERB 2517CA)

________________________
STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
SERVICE EMPLOYEES INTERNATIONAL
UNION LOCAL 521,
Charging Party,
v.
FRESNO COUNTY SUPERIOR COURT,
Respondent.
Case No. SA-CE-14-C
PERB Decision No. 2517a-C
April 12, 2019
Appearances: Weinberg, Roger & Rosenfeld by Sean D. Graham, Attorney, for Service
Employees International Union Local 521; Wiley, Price & Radulovich by Joseph E. Wiley,
Attorney, for Fresno County Superior Court.
Before Banks, Shiners, Krantz, and Paulson, Members.
DECISION
This case is before the Public Employment Relations Board (PERB or Board) after the
Court of Appeal for the Fifth Appellate District issued its opinion and order in Superior Court
of Fresno County v. Public Employment Relations Board (2018) 30 Cal.App.5th 158 (Superior
Court). Pursuant to the Court of Appeal’s order, as discussed below, we vacate in part Fresno
County Superior Court (2017) PERB Decision No. 2517-C, and issue a modified remedial
order in this matter.
In Fresno County Superior Court, supra, PERB Decision No. 2517-C, we concluded
that the Fresno County Superior Court (Court) violated the Trial Court Employment Protection
and Governance Act (Trial Court Act)1 and PERB Regulations.2 Among other remedies, we
1 The Trial Court Act is codified at Government Code section 71600 et seq.
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ordered the Court to rescind those portions of sections 1.11 and 17.3 of its Personnel Manual to
the extent they: (1) categorically prohibit employees from wearing union regalia in the
courthouse; (2) prohibit the distribution of union literature during nonworking time in
nonworking areas; (3) categorically ban the display of union writings and images in all work
areas visible to the public; and (4) prohibit solicitation among employees during “working
hours” without regard to meal and rest breaks or other non-duty periods.
In its opinion and order, the Court of Appeal vacated those parts of Fresno County
Superior Court, supra, PERB Decision No. 2517-C, that invalidated portions of Personnel
Rule 1.11 addressing the wearing or display of images and writings on clothing, as well as the
first (solicitation) and fourth (display) paragraphs of Personnel Rule 17.3.1. The opinion left
unchanged that part of our decision and order invalidating the third paragraph (distribution in
working areas) of Personnel Rule 17.3.1. (Superior Court, supra, 30 Cal.App.5th at p. 201.)
Accepting the Fifth District’s opinion as law of the case, we hereby VACATE the
discussion and related conclusions of law at pages 21 through 26, and 36 through 38, of Fresno
County Superior Court, supra, PERB Decision No. 2517-C, as well as the corresponding
discussion and conclusions at pages 17 through 23, and 25 through 26 of the adopted proposed
decision. We also vacate our original order and issue the following modified order in this
matter.
Pursuant to section 71639.1 of the Government Code, it is ORDERED that the Court
and its representatives shall:
2 PERB Regulations are codified at California Code of Regulation, title 8, section
31001 et seq.
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A. 	CEASE AND DESIST FROM:
1. 	Interfering with employees’ right to communicate with each other in the
work place.
2. 	Denying SEIU the right to represent Court employees.
B. 	TAKE THE FOLLOWING AFFIRMATIVE ACTIONS DESIGNED TO
EFFECTUATE THE POLICIES OF THE TRIAL COURT ACT:
1. 	Rescind those portions of section 17.3 of the Personnel Manual that
prohibit the distribution of union literature during nonworking time in nonworking areas.
2. 	Within ten (10) workdays after service of this decision, post at all work
locations where notices to employees of the Court are customarily posted, copies of the Notice
attached hereto as an Appendix. The Notice must be signed by an authorized agent of the
Court, indicating that it will comply with the terms of this Order. Such posting shall be
maintained for a period of thirty (30) consecutive workdays. 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 Court to communicate with its employees in
the bargaining unit represented by SEIU. Reasonable steps shall be taken to ensure that the
Notice is not reduced in size, altered, defaced or covered with any other material.
3. 	Written notification of the actions taken to comply with this Order shall
be made to the General Counsel of PERB, or the General Counsel’s designee. The Court shall
provide reports, in writing, as directed by the General Counsel or his/her designee. All reports
regarding compliance with this Order shall be concurrently served on SEIU.
PER CURIAM
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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. SA-CE-14-C, Service Employees
International Union Local 521 v. Fresno County Superior Court, in which all parties had
the right to participate, and following the decision of the Court of Appeal in Superior Court of
Fresno County v. Public Employment Relations Board (2018) 30 Cal.App.5th 158, it has been
found that the Fresno County Superior Court (Court) violated the Trial Court Employment
Protection and Governance Act (Trial Court Act), Government Code sections 71631 and
71635.1, 71633 and 71639.1, subdivision (c), and PERB Regulations 32606, subdivision (a),
and 32606, subdivision (b), by adopting personnel rules which prohibit employees and their
representative, Service Employees International Union Local 521 (SEIU) from distributing
literature in nonworking areas of the Court during nonworking time.
As a result of this conduct, we have been ordered to post this Notice and we will:
A. 	CEASE AND DESIST FROM:
1. 	Interfering with employees’ right to communicate with each other in the
work place.
2. 	Denying SEIU the right to represent Court employees.
B. 	TAKE THE FOLLOWING AFFIRMATIVE ACTIONS DESIGNED TO
EFFECTUATE THE POLICIES OF THE TRIAL COURT ACT:
Rescind those portions of section 17.3 of the Personnel Manual that prohibit the
distribution of union literature during nonworking time in nonworking areas.
Dated: _____________________ 	FRESNO COUNTY SUPERIOR COURT
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.