Decision 1620Ma – Alameda County Medical Center
SF-CE-96-M
Decision Date: June 29, 2004
Decision Type: PERB Decision
Description: Kimbrough requested reconsideration for 1620.
Disposition: The Board found that Kimbrough’s request failed to meet either grounds for reconsideration and so denied the request.
Perc Vol: 28
Perc Index: 186
Decision Headnotes
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
MMBA section 3505 and PERB Regulation 32603(c) only require the employer to meet and confer in good faith with the exclusive representative. There is no parallel mandate with regard to individual employees. While MMBA section 3502 allows individual employees the right to represent themselves in their employment relations with the public agency employer, there is no corresponding provision that requires the employer to negotiate with the individual employee. As only employee organizations may allege unilateral change and the Board lacks authority to adjudicate such an allegation by individual employees, Kimbrough lacks standing to bring this charge.
601.05000 – Other
MMBA section 3505 and PERB Regulation 32603(c) only require the employer to meet and confer in good faith with the exclusive representative. There is no parallel mandate with regard to individual employees. While MMBA section 3502 allows individual employees the right to represent themselves in their employment relations with the public agency employer, there is no corresponding provision that requires the employer to negotiate with the individual employee. As only employee organizations may allege unilateral change and the Board lacks authority to adjudicate such an allegation by individual employees, Kimbrough lacks standing to bring this charge.
1107.10000 – Request for Reconsideration
Kimbrough’s request for reconsideration because Kimbrough did not state either of the grounds in the request and therefore is dismissed.