EMPLOYER ADOPTION/ENFORCEMENT OF UNREASONABLE RULE – In General

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750.00000 – EMPLOYER ADOPTION/ENFORCEMENT OF UNREASONABLE RULE
750.01000 – In General

Under the MMBA, a local agency may adopt reasonable rules and regulations pertaining to resolution of collective bargaining disputes. (MMBA, § 3507, subd. (a)(5).) In order to be lawful, such rules and regulations may not undercut or frustrate the MMBA’s policies and purposes. Therefore, whether a local agency has adopted its rules, regulations, or charter provisions via a vote of its electorate, a vote of its governing board, or through any other means, the resulting policies must be consistent with the MMBA. PERB starts from the position of presuming that an employer’s rule is reasonable, which means the burden of proof is on the party challenging such a rule. (San Bernardino County Sheriff’s Assn. v. Bd. of Supervisors (1992) 7 Cal.App.4th 602, 613.)