EMPLOYER ADOPTION/ENFORCEMENT OF UNREASONABLE RULE – In General

Single Topic for Decision 2858M

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City violated the MMBA by unlawfully interpreting its Charter and thereby refusing to bargain over retroactivity for more than three months. The City is not immune from liability for new unlawful conduct vis-à-vis a different union merely because it had interpreted its Charter unlawfully in an earlier instance involving a different union and had a pending appeal regarding PERB’s decision in that case. Indeed, if anything, the earlier decision against the City put it on notice that it was acting at its peril if it continued to engage in the same conduct in negotiations with a different union. (pp. 12-13.)