BOLING v. PUBLIC EMPLOYMENT RELATIONS BD.

No. S242034.

5 Cal.5th 898 (2018)

CATHERINE A. BOLING et al., Petitioners, v. PUBLIC EMPLOYMENT RELATIONS BOARD, Respondent; CITY OF SAN DIEGO et al., Real Parties in Interest. CITY OF SAN DIEGO, Petitioner, v. PUBLIC EMPLOYMENT RELATIONS BOARD, Respondent; SAN DIEGO MUNICIPAL EMPLOYEES ASSOCIATION et al., Real Parties in Interest.

Supreme Court of California.

August 2, 2018.


Attorney(s) appearing for the Case

Lounsberry Ferguson Altona & Peak, Kenneth H. Lounsbery , James P. Lough , Alena Shamos and Yana L. Ridge for Petitioners and Real Parties in Interest Catherine A. Boling, T.J. Zane and Stephen B. Williams in Nos. D069626 and D069630.

Jan I. Goldsmith and Mara W. Elliott , City Attorneys, Daniel F. Bamberg and George F. Schaefer , Assistant City Attorneys, Michael Travis Phelps , Chief Deputy City Attorney, and Walter C. Chung , Deputy City Attorney, for Petitioner and Real Party in Interest City of San Diego in Nos. D069630 and D069626.

Jones Day, Beth Heifetz , Gregory G. Katsas , G. Ryan Snyder , Karen P. Hewitt and Brian L. Hazen for San Diego Taxpayers Educational Foundation as Amicus Curiae on behalf of Petitioner and Real Party in Interest City of San Diego in Nos. D069630 and D069626.

Renne Sloan Holtzman Sakai, Arthur A. Hartinger , Jonathan V. Holtzman and Alexander Volberding for League of California Cities, California State Association of Counties and International Municipal Lawyers Association as Amici Curiae on behalf of Petitioner and Real Party in Interest City of San Diego in Nos. D069630 and D069626.

Meriem L. Hubbard and Harold E. Johnson for Pacific Legal Foundation, Howard Jarvis Taxpayers Association and National Tax Limitation Committee as Amici Curiae on behalf of Petitioner and Real Party in Interest City of San Diego in Nos. D069630 and D069626.

J. Felix de La Torre , Wendi L. Ross , Mary Weiss and Joseph W. Eckhart for Respondent.

Weinberg, Roger & Rosenfeld, Kerianne R. Steel and Anthony J. Tucci for Service Employees International Union, California State Council, as Amicus Curiae on behalf of Respondent.

Smith, Steiner, Vanderpool & Wax and Ann M. Smith for Real Party in Interest San Diego Municipal Employees Association in No. D069630.

Smith, Steiner, Vanderpool & Wax and Fern M. Steiner for Real Party in Interest San Diego City Firefighters Local 145, IAFF, AFL-CIO, in No. D069626.

Rothner, Segall & Greenstone, Ellen Greenstone and Connie Hsiao for Real Party in Interest AFCSME, AFL-CIO, Local 127, in No. D069626.

Law Offices of James J. Cunningham and James J. Cunningham for Real Party in Interest Deputy City Attorneys Association of San Diego in No. D069626.

Leonard Carder, Andrew J. Ziaja and Arthur Liou for for International Brotherhood of Electrical Workers Local 1245, International Federation of Professional and Technical Employees Local 21, Operating Engineers Local Union No. 3 and Marin Association of Public Employees as Amici Curiae on behalf of Real Parties in Interest and Respondent.

Reich, Adell & Cvitan, Marianne Reinhold , Laurence S. Zakson and William Y. Sheh for Orange County Attorneys Association as Amicus Curiae on behalf of Real Parties in Interest and Respondent.

Woodley & McGillivary, Thomas A. Woodley and William W. Li for The International Association of Fire Fighters as Amicus Curiae on behalf of Real Parties in Interest.

Law Office of Michael A. Conger and Michael A. Conger for San Diego Police Officers Association as Amicus Curiae on behalf of Real Parties in Interest.


OPINION

This case arises from unfair practice claims filed by unions after the City of San Diego's mayor sponsored a citizens' initiative to eliminate pensions for new municipal employees and rebuffed union demands to meet and confer over the measure. The Court of Appeal annulled a finding by respondent, the Public...

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