Decision 1900M – Sutter County In-Home Supportive Services Public Authority
SA-CE-211-M
Decision Date: April 25, 2007
Decision Type: PERB Decision
Description: The exceptions challenged the ALJ’s finding that the county’s failure to negotiate the effects of its decision to implement criminal background checks of in-home supportive services providers violated the MMBA.
Disposition: The Board affirmed the ALJ’s ruling that the decision to implement criminal background checks of in-home supportive services providers was outside the scope of bargaining, based upon the managerial prerogative and statutory authority. The Board also held the details of the policy that primarily relate to public safety, and to the quality and nature of public services, are outside the scope of bargaining based upon the managerial prerogative. The Board found, however, that the effects that primarily relate to wages, hours, and terms and conditions of employment, are within the scope of bargaining. The Board held that the employer violated the MMBA by failing to negotiate the negotiable effects.
Perc Vol: 31
Perc Index: 92
Decision Headnotes
1000.01000 – In General; Test for Subjects Not Specifically Enumerated
The effects of the criminal background check in this case that primarily relate to wages, hours, and terms and conditions of employment, are within the scope of bargaining. The effects of the criminal background check in this case that primarily relate to the quality and nature of public services, are outside the scope of bargaining based upon the managerial prerogative.
1000.02046 – Examination of Personnel Files
The effects of the criminal background check in this case that primarily relate to wages, hours, and terms and conditions of employment, are within the scope of bargaining. The effects of the criminal background check in this case that primarily relate to the quality and nature of public services, are outside the scope of bargaining based upon the managerial prerogative.