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Leonard Carder partner Ari Krantz has litigated three
appellate cases which raise, among other issues, a crucial
question of first impression: when a city or county in
California wishes to enjoin strike activity on the theory
that the public health or safety may be threatened, must the
city or county seek its injunction by invoking the
jurisdiction of the Public Employment Relations Board?
A decision by the Third District Court of Appeal, as well
as
a decision by the Sixth District Court of Appeal, ruled
in favor of the multiple labor unions asserting that PERB has
mandatory exclusive jurisdiction. In a
third decision, the First District Court of Appeal
reached the opposite conclusion, adopting the employers'
arguments. In light of this split in authority, the
California Supreme Court has granted review in all three
cases. The case is
fully briefed before the Supreme Court, with oral
argument and a decision expected in 2009.
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