Decision 1577M – County of Riverside
Decision Date: December 31, 2003
Decision Type: PERB Decision
Perc Vol: 28
Perc Index: 45
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
602.05000 – 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.
608.08000 – Exhaustion of Impasse Procedures or Time Between Impasse and Mediation
Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
1000.02057 – Grievance Procedure
Grievance procedures are within the scope of representation.
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.
1402.02000 – 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.