Orange Co. Water Dist. v. Public Employment Relations Bd.

The Public Employment Relations Board (the Board or PERB) concluded the Orange County Water District (the District) committed an unfair practice, in violation of Government Code section 3502.5, when it refused to consent to an election petitioned for by the recognized employee organization seeking to implement a so-called modified agency shop.  (All further statutory references are to the Government Code unless otherwise specified.)  An agency shop is defined in section 3502.5, subdivision (a) as an arrangement that requires an employee, as a condition of continued employment, to either join the recognized employee organization or pay the organization a service fee.  The proposed agency shop in this case is referred to as a “modified” agency shop because it would apply only to future employees hired into the bargaining unit and not apply to current employees.  The District filed a petition for a writ of extraordinary relief from the Board’s decision under section 3509.5, subdivision (a).  We granted a writ of review.



We deny the petition for extraordinary relief.  For the reasons we explain post, we hold that section 3502.5 authorizes the proposed modified agency shop.

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