EMPLOYER ADOPTION/ENFORCEMENT OF UNREASONABLE RULE – In General

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When challenging an MMBA employer’s unit determination under its local rules, the challenging union has the burden of demonstrating the decision was not reasonable. (City of Pasadena (2021) PERB Decision No. 2788-M, p. 8.) If reasonable minds could differ over whether the determination comports with the local rules and the MMBA, PERB should not substitute its judgment for that of the employer. PERB finds no unfair practice where the employer reasonably interprets its own rules in a manner that effectuates the MMBA’s purposes. (City of Long Beach (2021) PERB Decision No. 2771-M, p. 10, citing City of Madera (2016) PERB Decision No. 2506-M, p. 5.) The inverse is true if the employer acted inconsistently with a reasonable interpretation of the rule. (City of Long Beach (2021) PERB Decision No. 2771-M, p. 10.) (pp. 9-10.)