Decision 2104M – County of Mendocino
SF-CE-432-M
Decision Date: April 21, 2010
Decision Type: PERB Decision
Description: Charging party alleged that the County of Mendocino violated the Meyers- Milias-Brown Act when it unilaterally ceased a policy of granting a 1 percent COLA that was issued to employees by mistake.
Disposition: The Board adopted the ALJ’s dismissal, finding no violation. Employee classifications that moved to a new bargaining unit were no longer covered by the MOUs of the units they migrated from, and were not entitled to the 1 percent increase provided for therein. After a clerical error resulted in the classifications receiving the 1 percent increase, employer correction of the error does not amount to a change in policy where the classifications were not entitled to the increase, and where the employer continued to bargain in good faith over a new MOU covering the new bargaining unit.
Perc Vol: 34
Perc Index: 74
Decision Headnotes
401.01000 – In General; Prima Facie Case.
No interference with employee free choice in selection of a bargaining agent where the employer retracted a 1% COLA that was implemented by clerical error on employee classifications that had moved to a new bargaining unit and were no longer covered by the MOUs of the units they migrated from, and were not entitled to the 1% increase provided for therein. The employer continued to bargain in good faith over a new MOU covering the new bargaining unit. The charge made no allegation of discrimination or retaliation, and made no claim that the employer’s conduct had a material effect on employee free choice. Employees who exercise choice in representative status have no right to insist upon bargaining free from economic disadvantages, and an employer’s use of economic pressures solely in support of a bargaining position cannot be held unlawful for that reason alone. An employer is entitled to withhold benefits that employees might have obtained had they remained unorganized so long as the employer engages in good faith bargaining.
401.02000 – Discrimination Favoring Organization Over Another
No interference with employee free choice in selection of a bargaining agent where the employer retracted a 1% COLA that was implemented by clerical error on employee classifications that had moved to a new bargaining unit and were no longer covered by the MOUs of the units they migrated from, and were not entitled to the 1% increase provided for therein. The employer continued to bargain in good faith over a new MOU covering the new bargaining unit. The charge made no allegation of discrimination or retaliation, and made no claim that the employer’s conduct had a material effect on employee free choice.
602.01000 – In General
No violation where employer retracted 1% COLA that was implemented by clerical error. Employee classifications that moved to a new bargaining unit were no longer covered by the MOUs of the units they migrated from, and were not entitled to the 1% increase provided for therein. Employer correction of the error, resulting in the cessation of the increase to classifications no longer covered by the MOUs, does not amount to a change in policy where the classifications were not entitled to the increase, and where the employer continued to bargain in good faith over a new MOU covering the new bargaining unit. No violation where charge alleged unilateral change when employer sought to recoup overpayments based on rescission of salary increases, where the employer in reasonably short order desisted from collection of overpaid compensation and no evidence demonstrated a change of generalized effect or continuing impact.
602.02000 – Prior Notice and Opportunity to Bargain
No violation where employer, without giving prior notice to the union, retracted 1% COLA that was implemented by clerical error. Employee classifications that moved to a new bargaining unit were no longer covered by the MOUs of the units they migrated from, and were not entitled to the 1% increase provided for therein. Employer correction of the error, resulting in the cessation of the increase to classifications no longer covered by the MOUs, does not amount to a change in policy where the classifications were not entitled to the increase, and where the employer continued to bargain in good faith over a new MOU covering the new bargaining unit.
602.03000 – Change In Policy
No violation where employer retracted 1% COLA that was implemented by clerical error. Employee classifications that moved to a new bargaining unit were no longer covered by the MOUs of the units they migrated from, and were not entitled to the 1% increase provided for therein. Employer correction of the error, resulting in the cessation of the increase to classifications no longer covered by the MOUs, does not amount to a change in policy where the classifications were not entitled to the increase, and where the employer continued to bargain in good faith over a new MOU covering the new bargaining unit.
602.05000 – Impact and Extent
No violation where charge alleged unilateral change when employer sought to recoup overpayments based on rescission of salary increases, where the employer in reasonably short order desisted from collection of overpaid compensation and no evidence demonstrated a change of generalized effect or continuing impact.
606.01000 – In General
Employees who exercise choice in representative status have no right to insist upon bargaining free from economic disadvantages, and an employer’s use of economic pressures solely in support of a bargaining position cannot be held unlawful for that reason alone. An employer is entitled to withhold benefits that employees might have obtained had they remained unorganized so long as the employer engages in good faith bargaining.
606.15000 – Other
Employees who exercise choice in representative status have no right to insist upon bargaining free from economic disadvantages, and an employer’s use of economic pressures solely in support of a bargaining position cannot be held unlawful for that reason alone. An employer is entitled to withhold benefits that employees might have obtained had they remained unorganized so long as the employer engages in good faith bargaining.
608.01000 – In General
No violation where employer retracted 1% COLA that was implemented by clerical error. Employee classifications that moved to a new bargaining unit were no longer covered by the MOUs of the units they migrated from, and were not entitled to the 1% increase provided for therein. Employer correction of the error, resulting in the cessation of the increase to classifications no longer covered by the MOUs, does not amount to a change in policy where the classifications were not entitled to the increase, and where the employer continued to bargain in good faith over a new MOU covering the new bargaining unit.
1303.11000 – Employer Conduct
No interference with employee free choice in selection of a bargaining agent where the employer retracted a 1% COLA that was implemented by clerical error on employee classifications that had moved to a new bargaining unit and were no longer covered by the MOUs of the units they migrated from, and were not entitled to the 1% increase provided for therein. The employer continued to bargain in good faith over a new MOU covering the new bargaining unit. The charge made no allegation of discrimination or retaliation, and made no claim that the employer’s conduct had a material effect on employee free choice.
1304.03000 – Employer Conduct
No interference with employee free choice in selection of a bargaining agent where the employer retracted a 1% COLA that was implemented by clerical error on employee classifications that had moved to a new bargaining unit and were no longer covered by the MOUs of the units they migrated from, and were not entitled to the 1% increase provided for therein. The employer continued to bargain in good faith over a new MOU covering the new bargaining unit. The charge made no allegation of discrimination or retaliation, and made no claim that the employer’s conduct had a material effect on employee free choice. Employees who exercise choice in representative status have no right to insist upon bargaining free from economic disadvantages, and an employer’s use of economic pressures solely in support of a bargaining position cannot be held unlawful for that reason alone. An employer is entitled to withhold benefits that employees might have obtained had they remained unorganized so long as the employer engages in good faith bargaining.