EMPLOYER VIOLATION OF LOCAL 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. (Gov. Code, § 3507(a)(5).) MMBA section 3509(b) makes it unlawful to violate a reasonable local rule adopted under section 3507, and section 3509(b) further provides that PERB shall process any such claim as an unfair practice charge. This means that a party must normally use PERB’s unfair practice process to challenge any alleged violation of a local rule adopted under section 3507. (City and County of San Francisco v. International Union of Operating Engineers, Local 39 (2007) 151 Cal.App.4th 938, 944 (CCSF v. Operating Engineers).) A party seeking to enforce a local rule cannot eschew filing an unfair practice charge in favor of filing a lawsuit in superior court. (Id. at pp. 944-950.) Thus, in CCSF v. Operating Engineers, when the City filed a petition to compel arbitration against a union for refusing to engage in interest arbitration and thereby allegedly violating Charter section A8.409-4, the superior court lacked jurisdiction to adjudicate the claim. (Ibid.) This was true even though the City’s petition did not frame its claim as an unfair practice and did not mention the MMBA. (Id. at p. 945 [PERB’s exclusive jurisdiction derives from the conduct at issue rather than how a party chooses to describe or challenge such conduct].) (pp. 15-16.)