EMPLOYER ADOPTION/ENFORCEMENT OF UNREASONABLE RULE – In General

Single Topic for Decision 2821M

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In reviewing an MMBA employer’s unit determination under its local rules, PERB normally applies a rebuttable presumption that the determination is reasonable. (Salinas Valley Memorial Hospital District (2020) PERB Decision No. 2689-M, pp. 21-22.) But when the employer “simply state[s] the standard that applies and then provide[s] a conclusion without also including the analytical process in its decision,” the presumption of reasonableness falls away. (City of Livermore (2017) PERB Decision No. 2525-M, adopting proposed decision at p. 48.) While PERB may consider evidence presented at the hearing about the employer’s reasoning for its decision, PERB need not accept post-hoc rationalizations offered to cure defects in the determination. (Id. at pp. 10-11 & adopting proposed decision at p. 48.)