EMPLOYER ADOPTION/ENFORCEMENT OF UNREASONABLE RULE – In General

Single Topic for Decision A421M

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The appropriate avenue for challenging a city’s rule prohibiting confidential employees from being placed in non-confidential bargaining units as being unreasonable, or alleging the rule is not consistent with or does not effectuate the purposes of the express provisions of the MMBA, is an unfair practice charge pursuant to MMBA section 3509(b), not a representation petition before PERB.