EMPLOYER ADOPTION/ENFORCEMENT OF UNREASONABLE RULE – In General

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Under the MMBA, a local agency may adopt reasonable rules and regulations about resolution of collective bargaining disputes. (MMBA, § 3507, subd. (a)(5).) To be lawful, such rules and regulations may not undercut or frustrate the MMBA’s policies and purposes. Therefore, whether a local agency has adopted its rules, regulations, or charter provisions via a vote of its electorate, a vote of its governing board, or through any other means, the resulting policies must be consistent with the MMBA. The burden of proof is on the party challenging such a rule. (City and County of San Francisco (2020) PERB Decision No. 2691-M, pp. 20-21.) (pp. 7-8.)