Decision 1865M – City of Santa Clarita
Decision Date: December 7, 2006
Decision Type: PERB Decision
Description: The charge alleged retaliation by the city and a violation of the charging party’s Weingarten rights.
Disposition: Dismissal upheld as the Board determined that the charging party was not a public employee under the MMBA, but worked for a private contractor.
Perc Vol: 31
Perc Index: 22
201.04000 – Joint, Single or Dual Employers
Despite charging party’s assertion that he was employed by both the City and his private employer, there was no evidence that he was employed by the City.
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
Board agent properly determined that PERB does not have jurisdiction over a retaliation case involving an employee of a private company that contracts with the City, because the employer is not a public employer under the MMBA.
201.01000 – In General
A private company that contracts with the City to provide transportation service is not a public employer under the MMBA.