For Purposes of Collective Bargaining, County Was Joint Employer of Nonphysician Employees of Private Clinics Working with County

In County of Ventura v. Public Employment Relations Board, published November 21, 2019, the Second District Court of Appeal, Division 6 affirmed a PERB decision that nonphysician employees of satellite medical clinics owned by private corporations but under
contract with Ventura County Medical Center to provide medical services were entitled to SEIU representation.  The county had refused to process the SEIU's petition to represent the employees on the ground that the private corporations were the employees' sole employers.  PERB found that the county was the sole employer of the employees, or alternatively that the county and the corporations were joint employers.  The county petitioned the court of appeal for extraordinary relief challenging PERB's decision.

The appellate court concluded that substantial evidence supported PERB's decision that the county and the private corporations were joint employers.  The county extensively controlled the terms and conditions of employment, controlled compensation and staffing decisions, and had a right to control patient care and training.