REPRESENTATION ISSUES; JUDICIAL REVIEW, REPRESENTATION, DECISIONS – Procedural Issues

Single Topic for Decision A497M

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When a public agency has adopted local rules, PERB has jurisdiction over a representation petition only if the agency’s local rules contain no reasonable provision(s) that can accomplish what the petitioner is seeking without placing an undue burden on the petitioner. (County of Orange (2010) PERB Decision No. 2138-M, p. 9.) “[I]f an agency has not adopted a reasonable local rule on a particular representation issue, PERB Regulations fill the gap” by allowing PERB to process the petition. (Central Basin Municipal Water District (2021) PERB Order No. Ad-486-M, p. 8; MMBA, § 3509, subd. (a); PERB Reg. 61000.) Here, the Board analyzed whether the City’s ERO contained rules that can accomplish severance without an undue burden, and found that it did not. (p. 16.)