Gavin Newsom’s return-to-office order may violate law, labor board attorney says
The top attorney for a California board that enforces labor rules said Thursday that Gov. Gavin Newsom’s office may have violated state law over its handling of an order directing many public employees to work in person four days a week.
That decision came in response to a challenge by the Professional Engineers in California Government, a union that represents many Department of Transportation workers. It is only preliminary and it could set up a lengthy legal process.
The general counsel for the Public Employment Relations Board said the Governor’s Office appears to have “failed and refused to meet and confer in good faith” with the union and also denied the group the right to represent its members, both of which would go against the state’s Ralph C. Dills Act.
Ted Toppin, the union’s executive director, said Friday the group wants to talk with the Governor’s Office about what it sees as the benefits of keeping more flexible teleworking. Currently, many state employees are required to work just two days a week in their offices.
“There has to be an ability to talk about these things before you just hand down the mandate from on high. It just leads to better results.”
A Governor’s Office spokesperson did not comment on the ruling, and said a representative for the Government Operations Agency would do so. Instead, a spokesperson for a different agency, the California Department of Human Resources, responded and also declined to comment.
Newsom’s March 3 order surprised many state workers and has led to a backlash from their unions. The engineers group filed its challenge the next day and SEIU Local 1000, the largest state worker union, followed up with its own later that week. An SEIU Local 1000 spokesperson said Friday afternoon the group had yet not received a response.
Union members have also loudly protested the mandate outside of state office buildings to try and pressure Newsom to change his mind. So far, the governor has not appeared like he will.
The engineers union wants the employment board to rescind the governor’s order, but getting to that point could take a long time.
The case now moves to informal negotiations between the union and state. If they can’t reach an agreement, an administrative law judge will then hear the case.
That likely won’t happen for several months. The engineers union had tried to speed up the review of its challenge but its request to do so was denied.
Whatever a judge decides could be appealed to the employment board and then ultimately to the California Supreme Court.
Toppin said the union is open to reaching a settlement but that the group will advocate for maximum flexibility for members and oppose mandates to be in the office without a “demonstrated operational need.”
Newsom’s order is set to go into effect July 1.
This story was originally published April 18, 2025 at 12:15 PM.
