Thursday, September 5, 2024

PERB Denied the County of Sacramento's Request for an Injunction Against the Attorney Strike

On August 26, 2024, the members of the Sacramento County Attorneys’ Association (SCAA), representing prosecutors and public defenders began a strike.  The strike resulted from the County of Sacramento disregarding a Fact-Finding Panel recommended 5.5% wage adjustment to keep pace with neighboring jurisdictions. SCAA President Matt Chisolm noted "the workloads are too high, and the pay is too low." 

Sacramento County District Attorney Thien Ho echoed those concerns stating, “I think it’s about time that the county’s CEO sit down and really try to resolve this issue because we have the best DA’s office, I think, in the entire country. But I’m having problems recruiting and retaining people because we need better fair wages and benefits for them.”

On September 4, 2024, victim advocates and public safety representatives publicly asked the Sacramento Board of Supervisors to end the strike by accepting the Panel’s wage recommendations. The District Attorney excoriated the County's negotiation tactics and offensive offers. Thien Ho further called on the County to submit an initiative to voters that would bar striking in exchange for enacting a binding arbitration procedure to resolve future contract impasses.



On Tuesday September 3rd, the County filed for an injunction with Public Employment Relations Board (PERB) falsely claiming the impasse was broken by its predictably unacceptable offer of a 3% salary increase offset by the elimination of the County’s 3% deferred compensation match (a financial wash) and SCAA waiving its right to strike. The County also asserted the strike imperiled public safety without evidence supporting its self-serving claim.

Today PERB issued an order denying the County’s Request. PERB’s general counsel noted the County failed to demonstrate sufficient grounds for injunctive relief.  This ruling vindicates the rights of public employees to legitimately assert economic pressure through a strike when their employing agency drives the parties to impasse and/or commits unfair labor practices.

Attorney Kathleen Mastagni-Storm and Consultants Stephen Leonesio and Stacie Casabian of Mastagni Holstedt APC represented the SCAA in bargaining and fact-finding and Taylor Davies-Mahaffey joined in the opposition to the TRO.