Decision 2252M – County of Calaveras

SA-CE-596-M

Decision Date: April 18, 2012

Decision Type: PERB Decision

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Perc Vol: 36
Perc Index: 158

Decision Headnotes

750.00000 – EMPLOYER ADOPTION/ENFORCEMENT OF UNREASONABLE RULE
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.

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
1303.01000 – In General

County did not violate MMBA and local rules when it selected retired mediator as neutral third party to supervise election.

1308.00000 – REPRESENTATION ISSUES; SEVERANCE
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.