Decision 2114M – County of Santa Clara
SF-CE-228-M
Decision Date: June 8, 2010
Decision Type: PERB Decision
Perc Vol: 34
Perc Index: 97
Decision Headnotes
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
MMBA section 3505 requires public agencies to meet and confer in good faith with employee organizations regarding matters with the scope of representation. The rule applies when a party seeks to change a matter within the scope of representation through the initiative process. Therefore, prior to placing the matter before the voters, the party seeking the change must first satisfy its obligation to bargain.
608.02000 – Union Bad Faith, Delay, Unreasonable or Unlawful Demands, Violence or Misconduct
“Self-help” during negotiations regarding matters within scope is unlawful. Instead, when a party believes its counterpart is not conducting its negotiations in good faith, the party may file an unfair practice charge.
1000.01000 – In General; Test for Subjects Not Specifically Enumerated
Interest arbitration provisions are not within the scope of representation under the MMBA.
1000.01000 – In General; Test for Subjects Not Specifically Enumerated
Prevailing wage provisions that establish wages (as opposed to those that merely establish an initial bargaining position) are within the scope of representation under the MMBA.
1203.01000 – In General
Out-of-pocket expenses are only compensable if such costs are a direct consequence of the violation.