REPRESENTATION ISSUES; SEVERANCE – In General
Single Topic for Decision 2252M
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1308.01000 – In General
Employer did not violate MMBA by approving mixed unit of peace officer and non-peace officers requested in severance petition. While MMBA section 3508(a) grants peace officers the affirmative right to join or participate in peace officer-only units, nothing in that section requires peace officers to exercise this right nor prohibits them from being in mixed units if they so choose. MMBA section 3508(d) prohibits a public agency from restricting the right of employees to join and participate in the activities of employee organizations. Local rule limiting the ability of peace officer employees to select representation in a mixed unit with non-peace officer employees is inconsistent with MMBA section 3508(a) and (d), and is an unreasonable local rule that cannot be enforced to preclude mixed unit requested in severance petition. County also did not violate MMBA and local rules when it selected retired mediator as neutral third party to supervise election.