REPRESENTATION ISSUES; DECERTIFICATION – Bar To

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The MMBA does not contain a “contract bar,” viz., a rule limiting new recognition or decertification petitions while an MOU is in effect. (City of San Rafael (2004) PERB Decision No. 1698-M, p. 2, fn. 2.) The absence of such statutory language provides each MMBA employer some discretion to find a reasonable balance between employees’ right of free association and the need for stable labor relations. (Id. at pp. 2-3, citing Service Employees Internat. Union v. City of Santa Barbara (1981) 125 Cal.App.3d 459.) However, an MMBA employer’s local rules may not undercut or frustrate the MMBA’s policies and purposes. (International Federation of Prof. & Technical Engineers v. City & County of San Francisco (2000) 79 Cal.App.4th 1300, 1306; Huntington Beach Police Officers’ Assn. v. City of Huntington Beach (1976) 58 Cal.App.3d 492, 500-502.)