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July 2008: California Supreme Court to Resolve Split Among Courts of Appeal Regarding PERB Jurisdiction

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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