EMPLOYER ADOPTION/ENFORCEMENT OF UNREASONABLE RULE – In General

Single Topic for Decision 2525M

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City violated the MMBA by processing a unit modification/severance petition on behalf of individual employees when, under the applicable local rules, only employee organizations have standing to petition for unit modification or severance. The record contradicted the City’s claim that it had processed the unit modification/severance petition under the mistaken assumption that the affected employee organization “supported” the efforts of disaffected bargaining unit employees who wished to establish a separate unit for representation purposes. (pp. 4-7.) Among other evidence, a human resources consultant retained by the City, had advised its labor relations officials that the employees’ petition “looked to me like a decertification petition by members” of the exclusive representative. (p. 6-7.)