EMPLOYER ADOPTION/ENFORCEMENT OF UNREASONABLE RULE – In General

Single Topic for Decision 2583M

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The MMBA does not permit a local public agency to withdraw recognition from an exclusive representative without an employee vote. (MMBA section 3507, subd. (b).) (pp. 6-8) Therefore, a local rule allowing an employer to withdraw recognition without the vote of employees based solely on undefined “objective criteria” demonstrating the exclusive representative no longer enjoys majority support among the bargaining unit members is unreasonable and violates the MMBA. (p. 9)