EMPLOYER ADOPTION/ENFORCEMENT OF UNREASONABLE RULE – In General

Single Topic for Decision 2975M

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When a charging party successfully challenges an MMBA employer’s representation decision, PERB must direct the employer to cease applying its unlawful decision and to instead act consistently with the Board’s decision. (County of Monterey (2022) PERB Decision No. 2821-M, p. 22 [directing county to grant unit modification petition and cease and desist from unreasonably applying local rules]; City of Long Beach (2021) PERB Decision No. 2771-M, p. 20 [directing city to process decertification petition in a manner consistent with PERB’s decision]; Salinas Valley Memorial Hospital District (2020) PERB Decision No. 2689-M, p. 39 [directing hospital district to grant petition for recognition and cease and desist from unreasonably applying local rules].) Where severance petition sought an outcome that is inconsistent with the County’s local rules, the MMBA, and precedent, the Board directed the County to dismiss the severance petition and the County’s Civil Service Commission to cease and desist from finding the proposed new unit to be appropriate. (p. 65.)