Monna R. Radulovich has extensive experience representing California employers in labor and employment law matters. Monna helps employers comply with the numerous labor and employment laws governing California employers, including advising employers regarding compliance with labor relations statutes and labor agreements, employee disciplinary matters, disciplinary due process obligations, grievances, the Fair Labor Standards Act, disability accommodations, leaves of absence under the Family and Medical Leave Act and related California laws, privacy rights, and free speech issues. She helps employers prepare and revise their employee handbooks, and she provides management training programs, including required workplace harassment training.
Monna has served as chief spokesperson in a variety of labor negotiations. She also represents employers in grievance and disciplinary arbitrations, and unfair practice and representation matters before the California Public Employment Relations Board.
Monna also serves as a workplace investigator of workplace complaints, including harassment, discrimination, retaliation, abusive conduct and other violations of employer policies. Her easy demeanor and knowledge of the law lead to effective investigations.
Monna is a member of the Labor and Employment Law Section of the California Lawyers Association.
Monna has conducted dozens of workplace investigations, including complaints regarding:
• sexual harassment
• gender discrimination
• race discrimination and harassment
• sexual orientation harassment
• disability discrimination and harassment
• abusive conduct
• other violations of employer policies
Labor Relations and Administrative Proceedings
• Representation of a public agency employer at a PERB hearing regarding allegations that the agency unlawfully delayed the commencement of bargaining, and refused to meet and confer with the Union. The Administrative Law Judge found in favor of the public agency, and PERB upheld the decision.
• Representation of a California Superior Court in a PERB matter challenging discipline of an employee as an unlawful unilateral change. PERB ruled in favor of our client.
• Representation of another California Superior Court in a multi-day PERB hearing in which the union alleged that the Court unlawfully discriminated against employees for protected union activities and interfered with their rights by requiring the employees to report for a staff meeting/training on days employees from other bargaining units were observing furloughs. Monna successfully resolved the matter after the Administrative Law Judge made comments suggesting that he would have a difficult time finding discrimination.
• Representation of a public agency in a multi-day hearing concerning alleged unfair practices relating to requests for information and bargaining. The public agency prevailed on all but one allegation.
• Representation of two Superior Courts in an unfair practice charge concerning requests for information and an alleged unilateral change relating to a job posting by one of the Courts. Monna succeeded in convincing the union to withdraw the matter.
• Representation of a special district in a multi-day PERB hearing concerning alleged interference with employees’ rights under the Meyers-Milias-Brown Act and alleged retaliation for union activities. The employer prevailed on all but one of the allegations.
• Representation of a special district in a variety of unfair practice charges filed by a union seeking recognition to represent a bargaining unit contrary to the district’s employer-employee labor relations rules. Monna successfully convinced PERB to dismiss the matter.
• Representation of a Court concerning a union’s request that PERB seek injunctive relief to enjoin purported employer favoritism of a union seeking to decertify the other union. Monna convinced the PERB Regional Attorney to reject the injunctive relief request and dismiss the charge.
• Representation of a Superior Court facing a strike (our office was not handling the underlying negotiations). Monna successfully convinced PERB to seek injunctive relief to require a sufficient number of court reporters to report to work during the strike, and this development helped the Court and union reach agreement on the successor labor agreement.
• Representation of a public agency at a grievance arbitration relating to use of remote technology during the pandemic.
• Representation of a public agency at a grievance arbitration relating to disputes regarding assignments.
• Representation of a public agency in an arbitration concerning a disciplinary suspension.
Labor and Employment Law Advice
Monna has regularly assisted clients with day-to-day labor and employment issues, including:
• Responding to grievances under the labor agreement
• Meet and confer obligations
• Disability reasonable accommodation requests
• Interpretation of and compliance with applicable labor agreements
• Employee discipline, including public agency employers’ Skelly due process obligations
• Leave of absence requests
• Fair Labor Standards Act compliance
• Review of employee handbooks
• Employment Agreements
• State Bar of California
• US District Court, Northern, CA
• BNA White Paper – Pregnancy Disability Leave and Other Pregnancy-Related Requirements in California
• Expansion of the California Family Rights Act - - E-Alert
• New Labor and Employment Laws for 2021 and Beyond - - E-Alert
• Dynamex and the Independent Contractor Test - - E-Alert
• The Governor's Stay at Home Order - - E-Alert
• The Coronavirus Response Act - - E-Alert
• COVID-19 Workplace Developments - - E-Alert
• Emergency Paid Sick Leave, Expanded FMLA and Other COVID Workplace Developments – E-Alert
• California's COVID-19 Supplemental Paid Sick Leave - - E-Alert
• CALPELRA 2022 Annual Conference - - Leaving Home Ain't Easy: What We've Learned About Telecommuting from the Pandemic
• IPMA-HR International Training Conference - - After #Me Too and Time's Up Comes 'What's Next?' Steps to Prevent, Handle and Correct Sexual Harassment and Gender Inequality in the Workplace
• CalGovHR Annual Conference – Negotiating Union Security and Non-Member Fee Provisions After the Janus Decision and S.B. 866
• CalGovHR – Public Sector Labor & Employment Law Update
• NCCIPMA-HR – California Public Sector Labor Relations in a Post-Janus World
• NCCIPMA-HR – Marijuana and the Workplace
• University of California, Berkeley, JD, 1985
• University of California, Santa Barbara, BA, 1982 with Honors