EMPLOYER ADOPTION/ENFORCEMENT OF UNREASONABLE RULE – In General

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When evaluating an MMBA employer’s application of its local rules, PERB follows a reasonableness standard. (City of Madera (2016) PERB Decision No. 2506-M, p. 5.) PERB finds no unfair practice where the agency reasonably interprets its own rules in a manner that effectuates the MMBA’s purposes. (Ibid.) The inverse is true if the public agency acted inconsistently with a reasonable interpretation of the rule. (County of Riverside (2011) PERB Decision No. 2163-M, adopting proposed decision at pp. 8-9.)