County of San Bernardino v. PERB (S233494)
The Public Employment Relations Board (PERB) determined that when a public employer has a legitimate reason to object to an employee representative in disciplinary interviews (in this case, a practice of having Deputy District Attorneys representing Deputy Public Defenders in hearings creating conflicts in attorney obligations), the alternative is not using a different representative. Rather, the employer’s option is not to conduct the interview. The county sought review in the Court of Appeal, but the court declined to consider the matter in a summary order. The county is now seeking Supreme Court review, and CSAC’s letter in support was drafted by its Associate Counsel Janis Herbstman.