Decision 1720M – City of Richmond * * * OVERRULED IN PART by County of Sacramento (2013) PERB Decision No. 2315-M
SF-CE-157-M
Decision Date: December 13, 2004
Decision Type: PERB Decision
* * * OVERRULED IN PART by County of Sacramento (2013) PERB Decision No. 2315-M * * *
Description: Charge that employer refused to negotiate over decision to layoff employees.
Disposition: Board dismissed charge as under MMBA, a decision to layoff employees is not within the scope of representation but the effects of a layoff are negotiable. Any request to negotiate over the effects of a layoff must be specific and identify the negotiable areas of impact.
Perc Vol: 29
Perc Index: 31
Decision Headnotes
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
Under MMBA, a decision to layoff employees is not within the scope of representation. The effects of a layoff, however, are negotiable. A request to negotiate over the effects of a layoff must be specific and identify the negotiable areas of impact.
601.03000 – Decision vs Effects Bargaining
* * * OVERRULED IN PART by County of Sacramento (2013) PERB Decision No. 2315-M, where the Board held that an effects bargaining demand need not explicitly identify negotiable areas of impact, but must place the employer on notice that the exclusive representative seeks to negotiate over effects and that it believes the proposed change affects one or more subjects within the scope of representation. * * *
Under the Meyers-Milias-Brown Act, a decision to layoff employees is not within the scope of representation. The effects of a layoff, however, are negotiable. A request to negotiate over the effects of a layoff must be specific and identify the negotiable areas of impact.
1000.02076 – Lay-Offs
* * * OVERRULED IN PART by County of Sacramento (2013) PERB Decision No. 2315-M, where the Board held that an effects bargaining demand need not explicitly identify negotiable areas of impact, but must place the employer on notice that the exclusive representative seeks to negotiate over effects and that it believes the proposed change affects one or more subjects within the scope of representation. * * *
Under the Meyers-Milias-Brown Act, a decision to layoff employees is not within the scope of representation. The effects of a layoff, however, are negotiable. A request to negotiate over the effects of a layoff must be specific and identify the negotiable areas of impact.