Decision 1937M – City of Commerce

LA-CE-388-M

Decision Date: January 11, 2008

Decision Type: PERB Decision

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Perc Vol: 32
Perc Index: 33

Decision Headnotes

100.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA
100.01000 – In General

PERB has authority to review as an unfair practice charge the violation of local rules and regulations passed by a public agency pursuant to MMBA sections 3507 or 3507.5. (MMBA sec. 3509(b); PERB Regulation 32604(e).

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)

PERB has authority to review as an unfair practice charge the violation of local rules and regulations passed by a public agency pursuant to MMBA sections 3507 or 3507.5. (MMBA sec. 3509(b); PERB Regulation 32604(e).

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.06000 – Change in Past Practice

Union failed to establish that the employer breached or altered the parties’ written agreement or established past practice by changing the parties’ grievance procedure (the first element of a unilateral change case) when it referenced the grievance procedure but did not establish the terms or past practices of the procedure. A single isolated breach of a contract’s grievance procedure does not state a prima facie case for a unilateral change because it fails to establish that the violation has a generalized effect or continuing impact on unit members.

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

Where charging party references a grievance procedure but does not establish what the terms or past practices of this procedure are, it does not provide sufficient facts to show that the employer breached or altered the parties’ written agreement or established past practice (the first element of a unilateral change case). Therefore, charging party does not establish that the employer’s conduct violated the terms of the grievance procedure. A single isolated breach of a contract’s grievance procedure does not state a prima facie case for a unilateral change because it fails to establish that the violation has a generalized effect or continuing impact on unit members.

1000.00000 – SCOPE OF REPRESENTATION
1000.02057 – Grievance Procedure

Union failed to establish that the employer breached or altered the parties’ written agreement or established past practice by changing the parties’ grievance procedure (the first element of a unilateral change case) when it referenced the grievance procedure but did not establish the terms or past practices of the procedure. A single isolated breach of a contract’s grievance procedure does not state a prima facie case for a unilateral change because it fails to establish that the violation has a generalized effect or continuing impact on unit members.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

As good cause was not shown, the Board did not consider the association’s new charge allegations or new supporting evidence regarding the MOU grievance procedures and provisions on appeal.) (PERB Reg. 32635(b).

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.01000 – In General

Under the MMBA a charge must include the applicable local rules alleged to have been violated. (PERB Reg. 32615(a)(4).) The charging party failed to establish how the employer violated its local rules because it provided only one local rule which defined the word “grievance.” Charging party’s failure to provide the terms of the grievance procedure left PERB unable to determine whether the employer violated this procedure.

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
1109.01000 – In General

As good cause was not shown, the Board did not consider the association’s new charge allegations or new supporting evidence regarding the MOU grievance procedures and provisions on appeal.) (PERB Reg. 32635(b).

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

As good cause was not shown, the Board did not consider the association’s new charge allegations or new supporting evidence regarding the MOU grievance procedures and provisions on appeal. (PERB Reg. 32635(b).) Under the MMBA a charge must include the applicable local rules alleged to have been violated. (PERB Reg. 32615(a)(4). PERB has authority to review as an unfair practice charge the violation of local rules and regulations passed by a public agency pursuant to MMBA sections 3507 or 3507.5. (MMBA sec. 3509(b); PERB Regulation 32604(e).