EMPLOYER ADOPTION/ENFORCEMENT OF UNREASONABLE RULE – In General
Single Topic for Decision 2689M
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750.01000 – In General
The MMBA does not give an employer the right to determine which employees get the benefit of the statute or which must remain unrepresented, and it does not empower it to determine the number and identity of the employee organizations that represent its employees. (See MMBA, § 3502.) By considering each of the four unit determination factors of its local rule in a vacuum, and willfully disregarding the organizational rights of employees and ESC, the Hospital unlawfully focused on its desired outcome at the expense of rights conferred by the MMBA, and unreasonably applied its local rule.
The circumstances surrounding the Hospital’s application of the rule, including its intentions, are relevant where it is apparent that the Hospital’s repeated unlawful conduct and results-oriented approach deprived employees and the employee organization of their rights under the MMBA to choose a representative and be represented in their dealings with the employer. (MMBA, § 3500.)