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.

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Perc Vol: 29
Perc Index: 47

Decision Headnotes

202.00000 – PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS
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.

202.00000 – PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS
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.

202.00000 – PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS
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.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
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.

603.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; BYPASSING EXCLUSIVE REP
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.