Decision 1910M – County of Ventura
LA-CE-231-M
Decision Date: June 21, 2007
Decision Type: PERB Decision
Description: The union alleged that the county violated the MMBA by implementing a mandatory overtime program without giving the union an opportunity to meet and confer and by refusing to process a union-filed grievance.
Disposition: The Board dismissed the charge that the county violated the MMBA in implementing a mandatory overtime program, because the plain meaning of the contract allowed the county’s decision. The county did, however, violate the MMBA by refusing to process a union-filed grievance.
Perc Vol: 31
Perc Index: 114
Decision Headnotes
602.03000 – Change In Policy
The County unilaterally changed a negotiated policy of the parties' memorandum of agreement which addresses grievance processing, without providing the association with prior notice and an opportunity to bargain, when it failed to process a grievance filed by the Association. County has the authority to implement mandatory overtime department-wide as allowed by the plain meaning of the MOA. Under the plain language of the MOA, an association has the right to file a grievance on behalf of an individual employee or a group of likely situated employees, as it did here.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
County has the authority to implement mandatory overtime department-wide as allowed by the plain meaning of the MOA. Under the plain language of the MOA, an association has the right to file a grievance on behalf of an individual employee or a group of likely situated employees, as it did here.
1000.01000 – In General; Test for Subjects Not Specifically Enumerated
The County unilaterally changed a negotiated policy of the parties' memorandum of agreement which addresses grievance processing, without providing the Association with prior notice and an opportunity to bargain, when it failed to process a grievance filed by the Association.