UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES – Other

Single Topic for Decision 1766M

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Trujillo, the unit employee, engaged in protected conduct under MMBA section 3502 when it designated McCormick, the Local 270 field representative, as his representative during his termination hearing before the City Council. McCormick, the Local 270 field representative, engaged in protected conduct under MMBA section 3503 when he attempted act as Trujillo’s (the unit employee) representative in his capacity as a representative of a recognized employee organization. The City unlawfully designated the union’s attorney as Trujillo’s representative. It is well-established that an employee organization has the right to designate its own representatives in dealing with the employer. The MMBA precludes the Brown Act restriction of employee organization representatives imposed by the City Council. Even under a reasonableness standard, excluding McCormick while permitting the City’s representative and chief witness to remain in the hearing was unreasonable.