City of San Jose v. International Assn. of Firefighters, Local 230

Opinion

McADAMS, J.

This appeal arose out of a labor dispute between respondent City of San Jose and appellant International Association of Firefighters, Local 230, which represents city firefighters. At issue here is the role of the agency charged with administering public employment statutes, the Public Employment Relations Board (PERB). After the trial court permitted it to intervene, PERB made a successful motion to dismiss the action based on the agency’s exclusive initial jurisdiction over the underlying labor dispute.

Appellant challenges the judgment of dismissal on both constitutional…