In this guide11 sections
- 1. What happened
- 2. The law that covers city and county workers
- 3. Can county workers legally strike?
- 4. Protection from retaliation for union and strike activity
- 5. Retroactive pay and the bargaining process
- 6. Your paycheck, benefits and unemployment during a strike
- 7. Public vs. private sector strike rights
- 8. Steps to take if your public-sector union is in a contract fight
- Laws this article relies on
- Frequently asked questions
- Talk to a California employment lawyer
Hundreds of Orange County public works and waste workers went back on strike on Oct. 29, 2026, in a contract fight over raises and retroactive pay. If you work for a California city, county or special district, your rights to organize, bargain and, in most jobs, strike come from a state law called the Meyers-Milias-Brown Act, not the federal law that covers private companies. Here is what it protects, where it stops, and what a strike means for your pay.
- California city, county and special district employees bargain under the Meyers-Milias-Brown Act (Gov. Code §3500 and following), enforced by the Public Employment Relations Board (PERB).
- Most local public employees have a qualified right to strike. It can be limited where a strike would create a substantial and imminent threat to public health or safety, and firefighters are barred by statute.
- Your employer may not interfere with, threaten, coerce or retaliate against you for union activity (Gov. Code §§3506, 3506.5). Unfair practice charges generally must reach PERB within six months.
- Strike days are generally unpaid, and California law generally makes strikers ineligible for unemployment while the dispute is in active progress (Unemployment Insurance Code §1262).
- Retroactive pay is a bargaining issue. No California statute requires a new contract to include it.
1. What happened
LAist reported on Oct. 29, 2026, that more than 465 Orange County workers represented by Teamsters Local 952 returned to the picket line that day after talks broke down late on Oct. 28. The workers include heavy equipment operators, waste workers and custodial workers in OC Public Works and OC Waste & Recycling.
Watch the KTLA 5 report: “OC teamsters strike affects landfills, public works services” (KTLA 5, October 19, 2026)
The first walkout began Oct. 13. City News Service, in a report published by Spectrum News 1 that morning, said the strikers came from OC Public Works, OC Waste & Recycling, OC Community Resources and other county operations. The union said it had asked to begin bargaining in December 2025, more than six months before the previous contract expired, that the county made no meaningful progress until August, and that it had filed an unfair labor practice charge alleging bad-faith bargaining. According to LAist, the workers returned to work about a week later when bargaining resumed.
LAist reported that members rejected two county offers, a 3% raise and then a 4% raise. Neither included retroactive pay, which the union said angered members. The union expects delays in landfill operations and other county services. The county said it respects workers’ right to lawful strike activity and will keep carrying out backup plans as needed to minimize service disruptions. County and union officials were expected to meet again Oct. 29.
The workers in this story are not our clients, and we do not evaluate either side’s position. Below is what California law generally provides.
2. The law that covers city and county workers
The Meyers-Milias-Brown Act (MMBA) covers employees of California cities, counties and local special districts. It gives you the right to form, join and take part in a union of your choosing, and also the right to refuse to join or take part (Gov. Code §3502). Your employer must “meet and confer in good faith” with your recognized union over wages, hours and other terms of employment. That means exchanging information and proposals and trying to reach agreement before the agency adopts its budget (Gov. Code §3505).
PERB, a state agency, enforces the MMBA. It does not cover everyone in government. State employees bargain under a different law, the Dills Act, which we covered in our post on the state worker strike vote. School employees fall under yet another law. PERB’s MMBA jurisdiction does not reach peace officers, and the City and County of Los Angeles have their own labor relations bodies. For an overview of civil service, discipline and other protections, see our guide to public employee rights in California.
3. Can county workers legally strike?
In most jobs, yes, with limits. In 1985 the California Supreme Court held that strikes by public employees are not unlawful unless it is clearly shown that the strike creates a substantial and imminent threat to public health or safety. PERB has since described this as a “qualified right to strike” under the MMBA.
- Firefighters are barred by statute from striking (Labor Code §1962). Courts have treated law enforcement as a similar exception.
- Essential employees. If a public employer believes certain positions must stay staffed, it generally must first ask PERB, which has initial jurisdiction over requests to stop a strike (a 2010 California Supreme Court decision). PERB looks at each position individually and asks whether a lapse in that service would threaten public health or safety.
- Contract terms and conduct. A strike can lose protection if it breaks a no-strike clause in a contract still in force, or if strikers commit serious misconduct such as threats or blocking entrances.
4. Protection from retaliation for union and strike activity
A public agency may not interfere with, intimidate, restrain, coerce or discriminate against employees for exercising their union rights (Gov. Code §3506). It also may not retaliate against employees, refuse to negotiate in good faith, or refuse to take part in good faith in impasse procedures (Gov. Code §3506.5). In a 2017 decision, PERB found that a city rule threatening dismissal for sympathy strikes interfered with employee rights, even without proof that anyone felt threatened.
Retaliation can look like a sudden poor evaluation, a transfer to worse duties, or new discipline for minor issues. Charges go to PERB, and the deadline is generally six months from the conduct. PERB staff investigate, may issue a complaint, hold an informal settlement conference, and then send unresolved cases to a hearing before an administrative law judge. PERB can order remedies such as back pay to make employees whole.
Other laws can apply too. If you report what you reasonably believe is a legal violation, such as an unsafe condition at a landfill, Labor Code §1102.5 covers county and city employees as well as private ones. Our guide to retaliation claims in California explains the evidence that tends to matter.
5. Retroactive pay and the bargaining process
When a contract (called a memorandum of understanding, or MOU) expires, bargaining continues. If the sides reach impasse, the union can request factfinding by a three-member panel whose chair is chosen by PERB unless the parties agree on one (Gov. Code §3505.4). The employer may impose its final offer only after mediation and factfinding are exhausted, at least 15 days after the factfinders report, and after a public hearing. Even then it cannot impose an MOU, and the union keeps its right to meet and confer each year (Gov. Code §3505.7).
Retroactive pay means a new raise is applied back to an earlier date, often the day the old contract expired, covering the months spent bargaining. It is negotiated, not required by statute.
Hypothetical example. Daniel operates heavy equipment for a California county at $35 an hour. His contract expired in June, and a 4% raise is agreed in October. If the raise takes effect only when the new contract is adopted, Daniel gets nothing extra for the months between. If it is retroactive to June, he receives an extra $1.40 for each hour worked since then: about $896 for 640 hours, before taxes.
6. Your paycheck, benefits and unemployment during a strike
| Question | General rule | Where to check |
|---|---|---|
| Am I paid for strike days? | Generally no. Pay is for time worked. | Your MOU and county pay rules |
| Is a final paycheck due? | No. Striking workers are still employed. Many state payday rules (Labor Code §§200–211) do not apply to counties and cities (Labor Code §220(b)). | County personnel rules and MOU |
| What about leave I already earned? | Earned balances generally remain. Whether leave accrues on unpaid strike days depends on your MOU and county rules. | MOU and pay stubs |
| Does my health coverage continue? | Depends on the plan and the MOU. | Union and plan documents |
| Can I collect unemployment? | Generally not while you are out of work because of a trade dispute still in active progress (UI Code §1262). | EDD, case by case |
On unemployment: a 2023 bill that would have let striking workers collect benefits was vetoed, and Unemployment Insurance Code §1262 still governs. EDD stays neutral on who is right in the dispute and decides eligibility on the facts of each claim. Its trade dispute guidance explains the rule, including that genuine later work for another employer can matter. If your job ends for another reason, our unemployment guide covers the usual rules.
7. Public vs. private sector strike rights
| Local public employees (MMBA) | Private-sector employees (NLRA) | |
|---|---|---|
| Source of rights | Gov. Code §3500 and following, plus court decisions | National Labor Relations Act, Section 7 |
| Agency | PERB | National Labor Relations Board |
| Who is covered | Cities, counties, special districts, with exceptions | Most private employers; government employers excluded |
| Right to strike | Qualified; limited for essential services and barred for firefighters | Protected; economic strikers cannot be fired but may be replaced in some circumstances |
| Deadline to file a charge | Generally six months | Six months |
| Unemployment in California | Trade dispute rule (UI Code §1262) | Same rule |
For a private-sector example, see our post on the Boeing defense workers’ strike.
Unfair practice charges generally must reach PERB within six months. Keep your notices and dated notes, then get advice on your options.
8. Steps to take if your public-sector union is in a contract fight
- Confirm which law covers you. City, county and special district jobs usually fall under the MMBA; state and school jobs do not.
- Read your MOU and your union’s strike guidance, including any no-strike clause and picket rules.
- Ask whether your position has been designated essential and, if so, what the order or agreement requires.
- Write down threats and changes. Note dates, names and exact words, and save emails, texts and evaluations.
- Watch the six-month clock for PERB charges, and talk to your union representative early.
- Keep your pay stubs so you can check strike-day deductions, leave balances and any retroactive payment.
Laws this article relies on
| Law | What it does here |
|---|---|
| Gov. Code §3500 and following (MMBA) | Bargaining rights for city, county and special district employees |
| Gov. Code §§3506, 3506.5 | Bars interference and retaliation for union activity |
| Unemp. Ins. Code §1262 | Trade dispute limit on unemployment benefits |
News sources: LAist (October 29, 2026); Spectrum News 1 / City News Service (October 13, 2026).
Frequently asked questions
Can my county fire me for going on strike?
Generally, a public agency may not discipline or threaten employees for lawful, protected strike activity under the MMBA. Protection can be lost if the strike is found unlawful, for example because your position was properly designated essential, or if there is serious misconduct.
Do I have to join the strike?
No. The MMBA protects the right to take part in union activities and also the right to refuse.
Can I collect unemployment during a strike?
Generally not while you are out of work because the dispute is still in active progress. EDD decides each claim on its facts, so you can still apply and let EDD decide.
Is my employer required to give retroactive pay?
No statute requires it. It is a subject for bargaining, and whether a new contract includes it depends on what the parties agree.
Who do I complain to if my supervisor threatens strikers?
Tell your union and keep a written record. An unfair practice charge can be filed with PERB, generally within six months of the conduct.
Talk to a California employment lawyer
Employees First Labor Law represents workers exclusively. If you were disciplined, demoted or fired after union or strike activity, we offer free virtual consultations. Contact us or call (310) 853-3461.
This article is general information about California law as of 2026, not legal advice for your situation. Reading it does not create an attorney-client relationship.
