Decision 1620M – Alameda County Medical Center
SF-CE-96-M
Decision Date: April 21, 2004
Decision Type: PERB Decision
Description: Kimbrough alleged that the Medical Center violated the MMBA by refusing to process her grievance through arbitration and otherwise hear her grievance beyond the third level.
Disposition: The Board held that Kimbrough lacked standing to assert a violation of rights accorded to the exclusive representative. MMBA section 3503 does not confer this right, rather, it merely refers to the employee’s ability to meet with the employer without the employee organization. The Board also found that Kimbrough did not show good cause to raise new allegations on appeal since these allegations were known to her during the time her charge was being processed.
Perc Vol: 28
Perc Index: 142
Decision Headnotes
101.01000 – In General
When interpreting MMBA, it is appropriate to take guidance from cases interpreting the National Labor Relations Act and California labor relations statutes with parallel provisions. MMBA section 3505 closely parallels Dills Act section 3517 and EERA section 3543.3.
101.03000 – NLRA/LMRDA Precedent
When interpreting MMBA, it is appropriate to take guidance from cases interpreting the National Labor Relations Act and California labor relations statutes with parallel provisions. MMBA section 3505 closely parallels Dills Act section 3517 and EERA section 3543.3.
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
Under the MMBA, only the bargaining representative has standing to allege a violation of the right to meet and confer or other rights only accorded to the exclusive representative. There are no MMBA provisions that require an employer to meet and confer with individual employees. Rather, MMBA section 3503 merely refers to the employee’s ability to meet with the employer without the employee organization.
1100.03000 – Standing
Under the MMBA, only the bargaining representative has standing to allege a violation of the right to meet and confer or other rights only accorded to the exclusive representative.
1503.02000 – Regulations Considered (By Number)
Kimbrough did not show good cause under PERB Regulation 32635(b) to raise new allegations in her appeal claiming violations by SEIU Local 535. This information was known to Kimbrough at the time her charge was being processed.