International Association of Fire Fighters, Local 188, Afl-Cio, and v. Public Employment Relations Board, And…

Summary

The court held that a refusal by the Public Employment Relations Board to issue an unfair labor practice complaint is generally not reviewable, but may be reviewed by superior-court mandamus in narrowly limited circumstances, including an erroneous statutory construction. It also held that a financially motivated municipal decision to lay off firefighters is not itself subject to collective bargaining, although the employer must bargain over implementation and effects such as the number and identity of employees laid off, timing, workload, and safety. Justice Baxter, concurring in part and dissenting in part, agreed on the layoff issue but would have denied judicial review of the Board's refusal to issue a complaint in these circumstances.