PERB stands in way of progressive municipal change

The Public Employment Relations Board (PERB) is a state agency that oversees public employee labor relations in a manner similar to the National Labor Relations Board (NLRB) in the private sector. In 2001, PERB was given authority to oversee the labor relations of cities, counties, special districts, and other local government agencies covered by the Meyers-Milias-Brown Act (MMBA). Because appointments to the board are purely political, it essentially is an administrative body with the powers of a court but the mind of a union organizer. To borrow a phrase coined by a friend, it has the face of Solomon but the heart of Monte Hall.

Fighting needed change

As is often the case, the state is more than willing to hobble local agencies with obligations it would never accept for itself. Since 2001, but particularly in the last decade, PERB has been on a tear to make it almost impossible for local governments to bring about change it describes as responsive to the needs of constituents.

Why do I focus on “change?” Because the bargaining obligation is most often triggered when an agency is seeking to make a change to the status quo. Often change is made in the name of efficiency, responsiveness to public concern, or policy concerns. While the desire for greater efficiency has always triggered bargaining, responsiveness to public concern, and a desire to implement broader public policies have often been considered the refuge of “managerial prerogative”—the right of management to implement change without bargaining. No longer.