Decision 2119M – County of Riverside
LA-CE-443-M; LA-CE-447-M; LA-CE-482-M
Decision Date: June 24, 2010
Decision Type: PERB Decision
Description: SEIU alleged that the County: (1) unlawfully denied SEIU’s petition to represent employees in the County’s temporary assignment program (TAP); and (2) threatened to end TAP if SEIU continued its organizing efforts.
Disposition: The Board affirmed the ALJ’s rulings on both issues. The Board held that the County reasonably applied the community of interest criterion in its local representation rules to deny SEIU’s petition. The Board further held that County officials and supervisors interfered with employees’ and SEIU’s rights by threatening to eliminate TAP in response to SEIU’s continuing efforts to organize TAP employees.
Perc Vol: 34
Perc Index: 108
Decision Headnotes
400.01000 – In General; Standards
County officials’ statements to union representatives that union’s efforts to organize the County’s temporary program employees would be futile interfered with union’s right to represent employees. Statements did not interfere with employee rights because they were made in private meetings at which no employees were present and record did not establish that statements were conveyed to any employee. County supervisors’ statements during public meeting that County would consider elimination of temporary employee program if union continued its efforts to organize temporary program employees interfered with employee and union rights by discouraging further organizing efforts.
404.01000 – In General
County officials’ statements to union representatives that union’s efforts to organize the County’s temporary program employees would be futile interfered with union’s right to represent employees. Statements did not interfere with employee rights because they were made in private meetings at which no employees were present and record did not establish that statements were conveyed to any employee. County supervisors’ statements during public meeting that County would consider elimination of temporary employee program if union continued its efforts to organize temporary program employees interfered with employee and union rights by discouraging further organizing efforts.
404.02000 – Statements
County officials’ statements to union representatives that union’s efforts to organize the County’s temporary program employees would be futile interfered with union’s right to represent employees. Statements did not interfere with employee rights because they were made in private meetings at which no employees were present and record did not establish that statements were conveyed to any employee. County supervisors’ statements during public meeting that County would consider elimination of temporary employee program if union continued its efforts to organize temporary program employees interfered with employee and union rights by discouraging further organizing efforts.
405.01000 – In General
County threatened to consider elimination of its temporary employee program if union continued its efforts to organize temporary program employees.
405.02000 – Express or Implied Threats
County threatened to consider elimination of its temporary employee program if union continued its efforts to organize temporary program employees.
409.06000 – Free Speech
County supervisors’ statements during public meeting that County would consider elimination of temporary employee program if union efforts to organize temporary employees continued was not protected free speech because supervisors’ predictions of increased cost of program were not based on objective fact and cost was within County’s control.
1309.01000 – In General/Definition of Appropriate Unit
When evaluating whether a local agency has determined an appropriate bargaining unit under local rules adopted pursuant to the MMBA, PERB considers whether the agency’s determination was reasonable. If reasonable minds could differ over the appropriateness of the determination, PERB should not substitute its judgment for that of the local agency. PERB deferred to local agency’s unit determination when some community of interest factors weighed in favor of the proposed unit and some weighed against it.
1309.03000 – Community of Interest
PERB deferred to local agency’s determination that employees in proposed unit lacked a community of interest when some factors weighed in favor of the proposed unit and some weighed against it.