CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Single Topic for Decision 2525M
View all topics for Decision 2525M
Full Decision Text (click on the link to view): Full Text
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Employee’s lack of standing, as an employee, to file a unit modification petition under the City’s local rules has no bearing on whether he may bring an unfair practice charge alleging violations of the City’s local rules or of employee rights under the MMBA. Standing is not dispensed “in gross.” Rather, it is evaluated separately for each claim and each form of relief sought. (p. 13.) The Legislature has expressly authorized employees, in their capacity as employees, to bring unfair practice charges alleging either that a public agency has acted in violation of its local rules and/or that it has enforced its local rules in a manner that is inconsistent with the provisions, policies or purposes of the MMBA. (p. 14.)