Decision 1681M – City of Beverly Hills

LA-CE-168-M

Decision Date: August 20, 2004

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 225

Decision Headnotes

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.02000 – Managerial and Confidential

MMBA provides that local agencies may adopt reasonable rules and regulations providing for designation of management and confidential employees. Where employee organization believes that designated employees no longer meet requirements of local rules, a unit modification procedure should be utilized.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period

Board found untimely an unfair practice charge challenging a local agency rule adopted over 20 years prior. The fact that local agency rule was adopted during the tenure of a previous exclusive representative does not provide the current exclusive representative a new limitations period.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.04000 – Continuing Violation

Board found untimely an unfair practice charge challenging a local agency rule adopted over 20 years prior. The fact that local agency rule was adopted during the tenure of a previous exclusive representative does not provide the current exclusive representative a new limitations period.

1310.00000 – REPRESENTATION ISSUES; UNIT MODIFICATION
1310.06000 – Unfair Practice and Unit Modification

Where employee organization no longer believes that employees have been properly designated confidential pursuant to local agency rules, unit modification procedures, as opposed to an unfair practice charge, should generally be utilized.