Decision 1681M – City of Beverly Hills
LA-CE-168-M
Decision Date: August 20, 2004
Decision Type: PERB Decision
Description: Union charged city improperly designated certain employees as confidential.
Disposition: Where employee organization no longer believes employees properly designated confidential pursuant to local agency rules proper procedure is unit modification action as opposed to unfair practice charge. Board found challenge to local agency rule adopted 20 years prior to be untimely.
Perc Vol: 28
Perc Index: 225
Decision Headnotes
200.02000 – Managerial and Confidential
MMBA provides that local agencies may adopt reasonable rules and regulations providing for designation of management and confidential employees. Where employee organization believes that designated employees no longer meet requirements of local rules, a unit modification procedure should be utilized.
1101.03000 – Computation of Six-Month Period
Board found untimely an unfair practice charge challenging a local agency rule adopted over 20 years prior. The fact that local agency rule was adopted during the tenure of a previous exclusive representative does not provide the current exclusive representative a new limitations period.
1101.04000 – Continuing Violation
Board found untimely an unfair practice charge challenging a local agency rule adopted over 20 years prior. The fact that local agency rule was adopted during the tenure of a previous exclusive representative does not provide the current exclusive representative a new limitations period.
1310.06000 – Unfair Practice and Unit Modification
Where employee organization no longer believes that employees have been properly designated confidential pursuant to local agency rules, unit modification procedures, as opposed to an unfair practice charge, should generally be utilized.