Decision 2227M – County of Ventura (Office of Agricultural Commissioner)
LA-CE-663-M
Decision Date: December 21, 2011
Decision Type: PERB Decision
Description: The charge alleged that the County of Ventura violated the MMBA when it unilaterally reduced an employee’s work hours from ten days per pay period to six days per period.
Disposition: The Board upheld the dismissal of the charge, finding that the finding that the parties’ collective bargaining agreement included a clear and unmistakable waiver of the right to negotiate over the reduction in work hours.
Perc Vol: 36
Perc Index: 96
Decision Headnotes
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Contract language giving employer authority to “relieve employees from duty because of lack of work or for other legitimate reasons” constitutes a clear and unmistakable waiver of the right to negotiate employer’s unilateral reduction in hours.
1100.05000 – Dismissal of Charge; Appeal
No good cause found to consider new evidence on appeal concerning interpretation of collective bargaining agreement, where no evidence of good cause for failure to provide evidence to Board agent at charge processing stage.
1109.01000 – In General
No good cause found to consider new evidence on appeal concerning interpretation of collective bargaining agreement, where no evidence of good cause for failure to provide evidence to Board agent at charge processing stage.