Decision 1620M – Alameda County Medical Center

SF-CE-96-M

Decision Date: April 21, 2004

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 28
Perc Index: 142

Decision Headnotes

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
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.

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
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.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.