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CITY OF SAN JOSE v. INTERNATIONAL ASSN. OF FIREFIGHTERS, LOCAL 230

No. H032097.

178 Cal.App.4th 408 (2009)

CITY OF SAN JOSE, Plaintiff and Respondent, v. INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 230, Defendant and Appellant; PUBLIC EMPLOYMENT RELATIONS BOARD, Intervener and Respondent.

Court of Appeals of California, Sixth District.

October 14, 2009.

Attorney(s) appearing for the Case

Wylie, McBride, Platten & Renner, Christopher E. Platten and Mark Renner for Defendant and Appellant.

Davis, Cowell & Bowe, W. David Holsberry and Paul L. More for California Professional Firefighters as Amicus Curiae on behalf of Defendant and Appellant.

Woodley & McGillivary, Thomas A. Woodley, Baldwin Robertson and Richard J. Bialczak for International Association of Fire Fighters, AFL-CIO as Amicus Curiae on behalf of Defendant and Appellant.

Richard Doyle, City Attorney, George Rios, Assistant City Attorney, and Robert Fabela, Deputy City Attorney, for Plaintiff and Respondent.

Tami R. Bogert and Wendi L. Ross for Intervener and Respondent.

OPINION

McADAMS, J.—

This appeal arose out of a labor dispute between respondent City of San Jose and appellant International Association of Firefighters, Local 230, which represents city firefighters. At issue here is the role of the agency charged with administering public employment statutes, the Public Employment Relations Board (PERB). After the trial court permitted it to intervene, PERB made a successful motion to dismiss the action...

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