SAN DIEGO.— The California Public Employment Relations Board (PERB) determined that the County of San Diego engaged in an unfair labor practice by failing to credit union time when calculating overtime, in violation of the Meyers-Milias-Brown Act.
The ruling, dated March 24, stems from a case brought by Teamsters Local 986. The decision states that the County “failed and refused” to recognize so-called release time (union release time) when determining eligibility for overtime pay.
Although the order does not establish a total amount to be paid, it does mandate specific legal remedies. Among them is the principle of “make whole” (full restitution), which requires the County to fully compensate affected employees for any economic losses resulting from the unlawful practice. This may include back pay for overtime that was not properly recognized.
In addition, the ruling orders the payment of interest at 7% annually, compounded daily, from the date the harm occurred until full payment is made.
PERB also issued a “cease and desist” order, instructing the County to immediately stop these practices and to refrain from interfering with the rights of the union and employees to engage in protected labor activities.
As part of the required affirmative action, the County must correct its internal practices, ensure recognition of union time in labor calculations, and post an official notice in workplaces for at least 30 business days informing employees of the violation and their rights.
Tier D study moves forward
In parallel, union representatives reported that during the March 24 meeting of the County Board of Supervisors, officials confirmed the completion of a study on the economic impact of reclassifying Tier D employees to Tier C status.
The study, outlined in contracts for Teamsters Local 986 and the Service Employees International Union (SEIU), was recently submitted to the Board and is expected to be released in the coming days.
“The study has been completed and is expected to be distributed to the unions by the end of the week,” said Clint Obrigewitch, the County’s Labor Relations Manager, according to meeting notes.
According to union representatives, the document will serve as a technical reference in the next round of labor negotiations scheduled for 2028.
Salary study projected
During the same meeting, labor officials also signaled the possible launch of a salary study in 2027, ahead of the next contract negotiations.
As outlined, the analysis would incorporate a different methodology, including employee participation and comparisons with local jurisdictions rather than the previous model based on multiple counties.
Union representatives said they will monitor both compliance with the PERB ruling—including compensation under the “make whole” standard—and the release of the Tier D study, viewing both as key elements in future labor negotiations.