Decision 2252M – County of Calaveras
SA-CE-596-M
Decision Date: April 18, 2012
Decision Type: PERB Decision
Description: The charge alleged that the County of Calaveras violated the MMBA and its local rules by approving a mixed unit of peace officer and non-peace officer classifications requested in a severance petition and by unilaterally selecting a neutral third party representative as election supervisor.
Disposition: The Board reversed a proposed decision and dismissed the charge for failure to establish a violation of the MMBA.
Perc Vol: 36
Perc Index: 158
Decision Headnotes
750.01000 – In General
Employer did not violate MMBA by approving mixed unit of peace officer and on-peace officers requested in severance petition. While MMBA section 3508(a) grants peace officers the affirmative right to join or participate in peace officer-only units, nothing in that section requires peace officers to exercise this right nor prohibits them from being in mixed units if they so choose. MMBA section 3508(d) prohibits a public agency from restricting the right of employees to join and participate in the activities of employee organizations. Local rule limiting the ability of peace officer employees to select representation in a mixed unit with non-peace officer employees is inconsistent with MMBA section 3508(a) and (d), and is an unreasonable local rule that cannot be enforced to preclude mixed unit requested in severance petition. County also did not violate MMBA and local rules when it selected retired mediator as neutral third party to supervise election.
1303.01000 – In General
County did not violate MMBA and local rules when it selected retired mediator as neutral third party to supervise election.
1308.01000 – In General
Employer did not violate MMBA by approving mixed unit of peace officer and non-peace officers requested in severance petition. While MMBA section 3508(a) grants peace officers the affirmative right to join or participate in peace officer-only units, nothing in that section requires peace officers to exercise this right nor prohibits them from being in mixed units if they so choose. MMBA section 3508(d) prohibits a public agency from restricting the right of employees to join and participate in the activities of employee organizations. Local rule limiting the ability of peace officer employees to select representation in a mixed unit with non-peace officer employees is inconsistent with MMBA section 3508(a) and (d), and is an unreasonable local rule that cannot be enforced to preclude mixed unit requested in severance petition. County also did not violate MMBA and local rules when it selected retired mediator as neutral third party to supervise election.