Workplace Investigations
Monna has conducted dozens of workplace investigations, including complaints regarding:
• sexual harassment
• gender discrimination
• race discrimination and harassment
• sexual orientation harassment
• disability discrimination and harassment
• retaliation
• abusive conduct
• favoritism
• misappropriation/fraud
• other violations of employer policies
Labor Relations and Administrative Proceedings
• Representation of a public agency employer at a PERB hearing regarding allegations that the agency unlawfully delayed the commencement of bargaining, and refused to meet and confer with the Union. The Administrative Law Judge found in favor of the public agency, and PERB upheld the decision.
• Representation of a California Superior Court in a PERB matter challenging discipline of an employee as an unlawful unilateral change. PERB ruled in favor of our client.
• Representation of another California Superior Court in a multi-day PERB hearing in which the union alleged that the Court unlawfully discriminated against employees for protected union activities and interfered with their rights by requiring the employees to report for a staff meeting/training on days employees from other bargaining units were observing furloughs. Monna successfully resolved the matter after the Administrative Law Judge made comments suggesting that he would have a difficult time finding discrimination.
• Representation of a public agency in a multi-day hearing concerning alleged unfair practices relating to requests for information and bargaining. The public agency prevailed on all but one allegation.
• Representation of two Superior Courts in an unfair practice charge concerning requests for information and an alleged unilateral change relating to a job posting by one of the Courts. Monna succeeded in convincing the union to withdraw the matter.
• Representation of a special district in a multi-day PERB hearing concerning alleged interference with employees’ rights under the Meyers-Milias-Brown Act and alleged retaliation for union activities. The employer prevailed on all but one of the allegations.
• Representation of a special district in a variety of unfair practice charges filed by a union seeking recognition to represent a bargaining unit contrary to the district’s employer-employee labor relations rules. Monna successfully convinced PERB to dismiss the matter.
• Representation of a Court concerning a union’s request that PERB seek injunctive relief to enjoin purported employer favoritism of a union seeking to decertify the other union. Monna convinced the PERB Regional Attorney to reject the injunctive relief request and dismiss the charge.
• Representation of a Superior Court facing a strike (our office was not handling the underlying negotiations). Monna successfully convinced PERB to seek injunctive relief to require a sufficient number of court reporters to report to work during the strike, and this development helped the Court and union reach agreement on the successor labor agreement.
• Representation of a public agency at a grievance arbitration relating to use of remote technology during the pandemic.
• Representation of a public agency at a grievance arbitration relating to disputes regarding assignments.
• Representation of a public agency in an arbitration concerning a disciplinary suspension.
Labor and Employment Law Advice
Monna has regularly assisted clients with day-to-day labor and employment issues, including:
• Responding to grievances under the labor agreement
• Meet and confer obligations
• Disability reasonable accommodation requests
• Interpretation of and compliance with applicable labor agreements
• Employee discipline, including public agency employers’ Skelly due process obligations
• Leave of absence requests
• Fair Labor Standards Act compliance
• Review of employee handbooks
• Employment Agreements
