Decision 2238M – City of San Juan Capistrano
Decision Date: February 24, 2012
Decision Type: PERB Decision
Description: The charge alleged that the employer violated MMBA by unilaterally using outside contracted labor to perform bargaining unit work. The Board agent dismissed the charge for failure to state a prima facie case. The Association appealed, but alleged that the Board agent erred by dismissing alleged violations of the City’s personnel rules.
Disposition: The Board affirmed the dismissal of the charge, as it alleged merely a violation of the City’s personnel rules akin to a grievance, not a unilateral change in policy concerning contracting out. The Board ruled that it had no jurisdiction over the alleged violation of the personnel rules absent an allegation of unilateral change.
Perc Vol: 36
Perc Index: 125
602.01000 – In General
Unilateral changes are considered “per se” violations if certain criteria are met. Those criteria are: (1) the employer breached or altered the parties’ written agreement or past practice; (2) the action was taken without giving the exclusive representative notice or an opportunity to bargain over the change; (3) the action is not merely an isolated incident, but amounts to a change of policy (i.e., having a generalized effect or continuing impact on terms and conditions of employment); and (4) the change in policy concerns a matter within the scope of representation.
102.03000 – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
In the absence of a showing that alleged personnel rule violations amount to a change in policy having a generalized effect or continuing impact on the terms and conditions of employment of bargaining unit members, PERB has no jurisdiction over the charge and the charge must be dismissed.