Decision 2132M – County of Riverside
Decision Date: September 21, 2010
Decision Type: PERB Decision
Description: The complaint alleged that the County unilaterally changed its overtime compensation policy without providing SEIU with notice and an opportunity to bargain over the change or its effects.
Disposition: The Board affirmed in part and reversed in part the ALJ’s proposed decision. The Board held that the charge was untimely because SEIU knew approximately nine months before the charge was filed that the County intended to implement changes to its overtime compensation policy.
Perc Vol: 34
Perc Index: 139
1101.01000 – In General
In a unilateral change case, the six-month statute of limitations begins to run when the charging party knows, or should have known, of the respondent’s intent to implement a change in policy. Union’s charge alleging unilateral change in employer’s overtime compensation policy was untimely because nine months before the union filed the charge, it executed a side letter that exempted certain classifications from the pending overtime changes.
1107.19000 – Motion to Reopen Record
The Board treated a party’s attachment of exhibits not introduced at hearing to its exceptions as a request to reopen the record. The request did not satisfy the standard in PERB Regulation 32410(a) because it was not supported by a sworn declaration and, based on their dates, the documents were clearly in the party’s possession at the time of the hearing.
1406.00000 – In General
Charge alleging unilateral change in overtime compensation policy was not moot even though the parties reached agreement on the subject of overtime compensation in a subsequent collective bargaining agreement. The agreement did not resolve whether the employer made an unlawful unilateral change nor did it waive the union’s right to pursue the charge. Even if the agreement resolved the issue prospectively, PERB could order a remedy for the 13 month period between the change and the effective date of the agreement.