Decision 1910M – County of Ventura

LA-CE-231-M

Decision Date: June 21, 2007

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 31
Perc Index: 114

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Contract Repudiation or Breach

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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
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.

1000.00000 – SCOPE OF REPRESENTATION
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.