Decision 1896M – Turlock Irrigation District
SA-CE-400-M
Decision Date: March 28, 2007
Decision Type: PERB Decision
Description: The charge alleged that the Turlock Irrigation district unlawfully rejected a unit modification petition without first “offer[ing] to consult” with the union as required under local rules.
Disposition: The Board held that parties have the right to seek review of local agencies’ unit determination decisions under the MMBA by filing unfair practice charges. The Board held that the statement in the Westlands Water District (2004) PERB Decision No. 1622-M decision that “[w]here a party instead seeks review of the unit determination decision itself, a petition for Board review should be filed” (PERB Reg. 60000, et seq.) was moot, because the Board repealed Regulations 60000 through 60070 on February 9, 2006, effective May 11, 2006. However, the Board affirmed the dismissal of this unfair practice charge after finding that the local agency satisfied its obligations under its employee relations ordinance to “offer to consult” with the union.
Perc Vol: 31
Perc Index: 80
Decision Headnotes
1101.01000 – In General
The statute of limitations for filing an unfair practice charge began to run when the local agency’s board of directors denied the union’s appeal of the denial of its petition for recognition.
1101.06000 – Statutory and Equitable Tolling
The statute of limitations for filing an unfair practice charge began to run when the local agency’s board of directors denied the union’s appeal of the denial of its petition for recognition.
1309.01000 – In General/Definition of Appropriate Unit
Parties have the right to seek review of local agencies’ unit determination decisions under the MMBA by filing unfair practice charges. The statement in the Westlands Water District (2004) PERB Decision No. 1622-M (Westlands) decision that “[w]here a party instead seeks review of the unit determination decision itself, a petition for Board review should be filed” (PERB Reg. 60000, et seq.) is moot, because the Board repealed Regulations 60000 through 60070 on February 9, 2006, effective May 11, 2006. The union failed to establish a prima facie case that the local agency had failed and/or refused to comply with its local rules. The MMBA does not require the local agency to “meet and confer,” or bargain, with employee organizations regarding unit determination decisions made pursuant to its local rules.
1310.01000 – In General
Parties have the right to seek review of local agencies’ unit determination decisions under the MMBA by filing unfair practice charges. The statement in the Westlands Water District (2004) PERB Decision No. 1622-M (Westlands) decision that “[w]here a party instead seeks review of the unit determination decision itself, a petition for Board review should be filed” (PERB Reg. 60000, et seq.) is moot, because the Board repealed Regulations 60000 through 60070 on February 9, 2006, effective May 11, 2006. The union failed to establish a prima facie case that the local agency had failed and/or refused to comply with its local rules. The MMBA does not require the local agency to “meet and confer,” or bargain, with employee organizations regarding unit determination decisions made pursuant to its local rules.
1310.05000 – Initial Representation Procedures and Unit Modification
Parties have the right to seek review of local agencies’ unit determination decisions under the MMBA by filing unfair practice charges. The statement in the Westlands Water District (2004) PERB Decision No. 1622-M (Westlands) decision that “[w]here a party instead seeks review of the unit determination decision itself, a petition for Board review should be filed” (PERB Reg. 60000, et seq.) is moot, because the Board repealed Regulations 60000 through 60070 on February 9, 2006, effective May 11, 2006. The union failed to establish a prima facie case that the local agency had failed and/or refused to comply with its local rules. The MMBA does not require the local agency to “meet and confer,” or bargain, with employee organizations regarding unit determination decisions made pursuant to its local rules.