EMPLOYER ADOPTION/ENFORCEMENT OF UNREASONABLE RULE – In General

Single Topic for Decision A497M

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The process for challenging the application or existence of local rules as contrary to the MMBA is an unfair practice charge. (City of Parlier (2015) PERB Order No. Ad-421-M, p. 8.) The Association had a right to file an unfair practice charge, alleging that the City’s local rules themselves violate the MMBA or that their application in this instance was unreasonable, but that allegation could not be resolved as part of the Association’s severance petition. (p. 29.)