Decision 1577M – County of Riverside

LA-CE-5-M

Decision Date: December 31, 2003

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 45

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.02000 – Prior Notice and Opportunity to Bargain

It is the County’s failure to process the grievance, not the merits of the grievance, that constitutes the unlawful conduct

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.05000 – Impact and Extent

A grievance on behalf of one or a few individuals has a generalized effect or continuing impact on the unit members’ terms and conditions of employment because the action is based upon the employer’s belief that it had a contractual right to take the action without negotiating with the union.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.08000 – Exhaustion of Impasse Procedures or Time Between Impasse and Mediation

Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

1000.00000 – SCOPE OF REPRESENTATION
1000.02057 – Grievance Procedure

Grievance procedures are within the scope of representation.

1200.00000 – REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS
1200.01000 – In General

The ALJ’s proposed order was not overbroad in that it properly required the County to cease and desist its refusal to process grievances over promotions pursuant to the parties’ agreed-upon grievance procedures.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.02000 – Union’s Waiver of Employee or Organizational Rights

The County’s claim that SEIU waived the right to negotiate the grievability of promotions is rejected. The MOU did not contain specific exclusions in the grievance procedure for promotions. This is supported by the only evidence of past practice, a 1994-1995 grievance arbitration of a similar issue involving identical MOU language. Instead, the MOU provided that promotions be based upon “merit and ability;” thus, SEIU did not waive the right to grieve promotions on those issues.