REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200) – In General/Definition of Appropriate Unit

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The Board rejected IBEW’s facial challenge to City’s local rule. Well before PERB assumed jurisdiction over the Meyers-Milias-Brown Act (MMBA) in 2001, local agencies were authorized to make initial determinations as to the appropriateness of bargaining units. The standard then, as now, is whether such a determination is reasonable. The mere fact that a local rule allows for a local agency’s agent or governing board to have the final authority on representation issues does not make the rule unreasonable. Thus, the Employee Relations Ordinance did not facially violate the MMBA merely by vesting the City Manager with the authority to process and hear unit determination petitions. (pp. 20-21.)