Decision 1896M – Turlock Irrigation District

SA-CE-400-M

Decision Date: March 28, 2007

Decision Type: PERB Decision

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Perc Vol: 31
Perc Index: 80

Decision Headnotes

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
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 is moot, because the Board repealed Regulations 60000 through 60070 on February 9, 2006, effective May 11, 2006.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.

1310.00000 – REPRESENTATION ISSUES; UNIT MODIFICATION
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 is moot, because the Board repealed Regulations 60000 through 60070 on February 9, 2006, effective May 11, 2006.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.

1310.00000 – REPRESENTATION ISSUES; UNIT MODIFICATION
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.