Decision 1731M – County of Fresno
SA-CE-238-M
Decision Date: December 27, 2004
Decision Type: PERB Decision
Description: Exclusive representative alleged bypassing of union by employer’s formation of County Jail Working Group.
Disposition: No violation of MMBA by county in forming working group to establish working conditions in new facility where exclusive representative participated in formation by providing names of some of the potential participants to county.
Perc Vol: 29
Perc Index: 47
Decision Headnotes
202.01000 – In General; Statutory Definition
No bypassing of exclusive representative where County established jail working group was not formed to compete with exclusive representative. Exclusive representative participated in formation of group by providing names to county of potential members of group and contract provided for the group.
202.02000 – Exclusive Representatives
No bypassing of exclusive representative where County established jail working group was not formed to compete with exclusive representative. Exclusive representative participated in formation of group by providing names to county of potential members of group and contract provided for the group.
202.08000 – Employer-Created Organizations
Jail working group formed by County to establish working conditions in newly designated Detention Custody Bureau was not an employer-formed organization competing with exclusive representative where exclusive representative participated in formation of group and contract provided for the group. No bypassing of exclusive representative where County established jail working group was not formed to compete with exclusive representative. Exclusive representative participated in formation of group by providing names to county of potential members of group and contract provided for the group.
606.01000 – In General
No bypassing of exclusive representative where County established jail working group was not formed to compete with exclusive representative. Exclusive representative participated in formation of group by providing names to county of potential members of group and contract provided for the group.
603.04000 – Circumvention of Union; Direct Dealing With Employees
No bypassing of exclusive representative where County established jail working group was not formed to compete with exclusive representative. Exclusive representative participated in formation of group by providing names to county of potential members of group and contract provided for the group.