Decision 2170M – City of Guadalupe
LA-CE-595-M
Decision Date: February 28, 2011
Decision Type: PERB Decision
Description: The charge alleged that the City made an unlawful unilateral change by imposing furlough days on employees without reaching agreement with SEIU.
Disposition: The Board affirmed the Board agent’s dismissal of the charge. The Board deferred to the binding decision of the personnel commission because its proceedings were essentially binding arbitration, the commission considered all evidence relevant to the unfair practice charge, and the decision was not repugnant to the MMBA.
Perc Vol: 35
Perc Index: 52
Decision Headnotes
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
The Board deferred to the binding decision of the personnel commission convened pursuant to the final step of the grievance procedure in the parties’ MOU. The commission proceedings were essentially a binding arbitration, the commission was presented with and considered all of the evidence relevant to the unfair practice charge, and its decision that the employer’s imposition of furloughs did not violate the MOU was not repugnant to the MMBA. Thus, the Board dismissed the charge pursuant to PERB Regulation 32620(b)(6).
1102.02000 – Post Arbitration; Repugnancy
The Board deferred to the binding decision of the personnel commission convened pursuant to the final step of the grievance procedure in the parties’ MOU. The commission proceedings were essentially a binding arbitration, the commission was presented with and considered all of the evidence relevant to the unfair practice charge, and its decision that the employer’s imposition of furloughs did not violate the MOU was not repugnant to the MMBA. Thus, the Board dismissed the charge pursuant to PERB Regulation 32620(b)(6).
1503.02000 – Regulations Considered (By Number)
When allegations in an unfair practice charge are also subject to binding arbitration under an applicable collective bargaining agreement, PERB Regulation 32620(b)(6) requires PERB to dismiss the charge at the conclusion of the arbitration process unless the charging party establishes that the arbitration award is repugnant to the purposes of the MMBA. Charge dismissed because personnel commission’s binding decision that the employer did not violate the agreement when it furloughed employees was not repugnant to the MMBA.