EMPLOYER ADOPTION/ENFORCEMENT OF UNREASONABLE RULE – In General

Single Topic for Decision 1663M

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MMBA: Under the MMBA, it is an unfair practice for a local agency to adopt or enforce an unreasonable local rule. (MMBA sec. 3507; PERB reg. 32603(f).) As violation based on this theory requires, as a threshold matter, a showing that the local rule or regulation abridges the exercise of a fundamental right, or frustrates the fulfillment of an affirmative duty, prescribed by the MMBA. MMBA: Board found that local rule requiring rival unions to undergo a registration process without input from the incumbent union does not constitute an unreasonable rule on its face since rule can be applied in reasonable manner. However, Board found application of rule to be unreasonable under facts of case.