EMPLOYER ADOPTION/ENFORCEMENT OF UNREASONABLE RULE – In General

Single Topic for Decision 2138M

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County’s failure to adopt local rule governing bargaining unit severance did not violate the MMBA because PERB regulations serve to “fill in the gaps” when no local rule exists and thus a local agency’s failure to adopt a particular rule does not result in the unlawful withholding of recognition. A county properly applied its local unit modification rule to deny a severance petition because the rule provided the functional equivalent of a severance rule and the rule’s requirement of a showing of majority support among the employees in the proposed new unit was not unreasonable or unduly burdensome as applied to the petition. The petitioning union lacked standing to challenge the county’s application of its decertification rule to the union’s severance petition because the union never intended to decertify the incumbent union and thus the County did not apply the rule to the petitioning union’s detriment.