REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS – In General

Single Topic for Decision 2540M

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* * * VACATED IN PART ON OTHER GROUNDS by City & County of San Francisco (2019) PERB Decision No. 2540a-M. * * *

The appropriate remedy for a city charter provision that is an unreasonable local rule under Meyers-Milias-Brown Act section 3507 is to declare that provision void and unenforceable. The Board lacks the power to order the provision to be rescinded. In determining which provisions of a local rule are invalid, a severability clause establishes a presumption in favor of severance. However, in order to honor the severance clause, the portion to be severed and thus saved from invalidity depends on whether the remaining provisions are grammatically and mechanically severable, and whether it is functionally severable, i.e., the remaining portion is complete in itself and capable of independent application.