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TABLE OF CONTENTS CPER No. 189 (April 2008)

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Table of Contents Table of Contents    Features The Collision Between Religously Motivated Anti-Gay Speech and Employer Harassment Policies  Vicki Laden Esq. City of San Jose v. Operating Engineers Local No. 3: For Essential Services Strikes, PERB Gets the First Bite, But We Haven’t Heard the Last Word  Jeffrey Sloan Esq. Reasonable Accommodation and Assistance Dogs in the Workplace  Ed Eames Collaboration, Communication and Core Values Versus Contradiction, Cacophony and Chaos  Gregory Dannis Esq.   Headliners   Recent Developments Local Government     33 PERB Takes First Round in Jurisdictional Dispute With Superior Courts 37 City’s Interim Deal With Unions Avoids Bankruptcy — For Now 39 San Francisco Voters Enact Deferred Retirement Option 40 Bill of Rights’ Notice Must Include Contemplated Disciplinary Action Public Schools     42 Brunt of Threatened Budget Cuts Lands on Teachers 43 District May Terminate Substitute Teacher Who Was Not Permanent Employee 47 Governor Releases Committee Report on Education: No Money to Implement 49 Signs of Progress in Schools in Spite of Big Challenges Higher Education     51 Parking Case Sent Back to PERB for Full Scope Analysis 53 Legislative Analyst Proposes Alternative Budget: No Cost-of-Living Adjustments for U.C., CSU Employees 56 Employee May Abandon Internal Grievance Process to Pursue FEHA Claim 59 U.C. Regents’ Untimely Grievance Rejection Permits Employee’s Suit for Damages 62 U.C. and Nurses Reach Tentative Agreement on Wages, Paid Time-Off State Employment     65 State Is Liable Under FEHA for Sexual Harassment of Registry Employee 69 CCPOA Fighting Several Fronts 72 Unchallenged SPB Findings Cannot Be Relitigated in Whistleblower Suit 75 State Medical Employees Enjoy Ripple Effect From Prison Raises 77 Legal Setbacks for CDFF in Dispute With Members 80 Peace Officer Entitled to Mandatory Reinstatement Need Not Submit to Background Investigation     83 PERB Establishes Fundamental Principles Under Trial Court Act Discrimination     86 U.S. Supreme Court: Admissibility of ‘Me Too’ Evidence Depends on Facts 87 U.S. Supreme Court Adopts Liberal EEOC Definition of ‘Charge’ 89 California Supreme Court Lets Retaliatory Supervisors Off the Hook 92 En Banc Ninth Circuit Reverses Panel Decision in Bates v. UPS 93 Two Incidents of Discrimination Insufficient to Establish Civil Rights Violation 97 FEHA Claims Not Time-Barred Where Adverse Actions Continued Within Limitations Period General     98 DOL Statistics Show First Increase in Union Membership Since 1983 99 Benefits Extended to Military Personnel and Their Families 100 PERB’s Revocation Card Decisions Analyzed in Context of Card Check Debate     101 Governor Fills PERB Seat 101 More Personnel Changes Public Sector Arbitration     102 FERP Program Participants Cannot Be Assigned Teaching-Only Duties 105 Arbitrator’s Disclosure Obligations Not Triggered Until Notified of Selection Departments    Letter From the Editor    Public Sector Arbitration Log    Public Employment Relations Board Decisions    PERB Activity Reports

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