City of San Jose v. Int'l Ass'n of Firefighters, Local 230, No. H032097
In a labor dispute between firefighter's union and the city, trial court's ruling allowing the Public Employment Relations Board (PERB) to intervene and granting its motion to dismiss the action based on the agency's exclusive initial jurisdiction over the underlying labor dispute is reversed as, under the amended Myers-Milias-Brown Act section 3509(a), the court now has exclusive jurisdiction to determine the disputed issues in the case.
Filed October 14, 2009
Opinion by Judge McAdams
For Appellant: Wylie, McBride, Platten & Renner, Christopher E. Platten, Mark Renner
For Appellee: Office of the City Attorney, Richard Doyle, City Attorney, George Rios, Asst. City Attorney, Robert Fabela, Sr. Deputy City Attorney