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CITY OF SAN JOSE v. OPERATING ENGINEERS LOCAL UNION NO. 3

No. H030272.

73 Cal.Rptr.3d 159 (2008)

160 Cal.App.4th 951

CITY OF SAN JOSE, Plaintiff and Appellant, v. OPERATING ENGINEERS LOCAL UNION NO. 3, et al., Defendants and Respondents.

Court of Appeal of California, Sixth District.

March 4, 2008.

Attorney(s) appearing for the Case

Office of the City Attorney, Richard Doyle, City Attorney George Rios, Assistant City Attorney Robert Fabela, Senior Deputy City Attorney Suzanne Hutchins, Deputy City Attorney, for Appellant.

Leonard Carder, Arthur A. Krantz, Weinberg, Roger & Rosenfeld, Antonio Ruiz, Alameda, for Respondents.

Jennifer B. Henning, for Amicus curiae, California State Association of Counties and League of California Cities.

Altshuler, Berzon, Nussbaum, Rubin & Demain, Jonathan Weissglass, Linda Lye, San Francisco, for Amicus curiae, California State Council of Service Employees.

Robert Thompson, General Counsel, Robin Wesley, Tammy Samsel, for Amicus curiae, Public Employment Relations Board.

Office of the County Counsel, Ann Miller Ravel, County Counsel, Nancy J. Clark, Assistant County Counsel, Lori E. Pegg, Lead Deputy County Counsel, for Amicus curiae, County of Santa Clara.

McADAMS, J.

When a strike involving statutory unfair labor practice claims is threatened by public employees whose services are essential to municipal health and safety, who has jurisdiction over the dispute: the superior court or the Public Employment Relations Board? As the trial court correctly determined, the agency has exclusive initial jurisdiction. We therefore affirm the order challenged here.

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