Sometimes good news takes time! On June 14, 2021, the Public Employment Relations Board (PERB) ruled in favor of Local 853 regarding a unilateral change made by the San Francisco Department of Public Works.
The union had filed an unfair labor practice charge against DPW in August of 2018 alleging that the new Human Resources Director at DPW had made a unilateral change by allowing employees only one union representative at investigations, Weingarten meetings and Skelly hearings and that the change was implemented without notice to the union. The PERB judge stated that it was the Employer’s duty to make sure policy is implemented properly, which includes giving notice to the union and making sure that HR directives do not result in a unilateral change in working conditions.
As a result, PERB ordered the City to stop imposing a one-representative limit on employees at investigations, Weingarten meetings and Skelly hearings and they ordered a notice posting. Most importantly, PERB ordered the City to make whole the affected employees by taking back any disciplinary action that resulted from the failure to permit more than one representative at Skelly hearings and Weingarten and investigative meetings.