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Decision 2965M – City of San Bernardino (Municipal Water Department)

LA-CE-1613-M

Decision Date: May 22, 2025

Decision Type: PERB Decision (Non-Precedential)

Description:  International Brotherhood of Electrical Workers, Local 47 (IBEW) filed an unfair practice charge against the City of San Bernardino Municipal Water Department (Department), alleging that the Department violated the Meyers-Milias-Brown Act (MMBA) when it interfered with protected rights, violated its duty of strict neutrality in a representation dispute between two employee organizations, and retaliated against a key IBEW supporter. IBEW also accused the Department of violating the PEDD. Following a formal hearing, a PERB Administrative Law Judge (ALJ) dismissed the retaliation charge but determined that the Department violated the MMBA and PEDD by interfering with protected activity and violating its duty of strict neutrality. The Department filed exceptions, which IBEW opposed. IBEW filed no exceptions of its own.

Disposition:  While exceptions were pending, the Department and IBEW informed PERB that they had reached a settlement of the dispute. The Department later requested to withdraw its exceptions, and IBEW requested to withdraw the portion of its charge alleging that the Department violated the PEDD. In a non-precedential decision, the Board granted the parties’ requests. Because the only exceptions in the matter related to the ALJ’s determination that the Department violated the PEDD, the remaining portions of the proposed decision, including the ALJ’s dismissal of the retaliation charge and the determination that the Department violated sections 3502, 3503, 3506.5(a), (b), and (d) of the MMBA, remain final and binding on the parties.

Perc Vol: 50
Perc Index: 2

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