State Supreme Court Justice Richard E. Sise announced his decision to allow PEF to proceed with an injunction to prevent the state Office of Information Technology Services (ITS) from fingerprinting and running background checks on PEF members.
PEF had filed an Improper Practice Charge in May, 2015, with the Public Employment Relations Board (PERB) alleging that ITS had begun implementing fingerprinting and background checks on PEF-represented employees, without completing negotiations with PEF, a violation of the Taylor Law. The Taylor Law provides the right for union members to negotiate their terms and conditions of employment. ITS has operated for years without fingerprinting all employees.
“Protecting PEF members’ rights is a primary responsibility of the union. Without this injunction, there was the potential for immediate and irreparable damage to PEF-represented employees at ITS,” said PEF President Wayne Spence. “PEF is pleased the court agreed with PEF and PERB’s position that this injunction is warranted.”
The state has 30 days to appeal the decision.