Decision 2294M – County of Orange
Decision Date: November 30, 2012
Decision Type: PERB Decision
Description: The charge alleged that the County of Orange unlawfully refused to process a unit modification petition.
Disposition: The Board affirmed the dismissal of the charge for failure to establish a violation of local rules.
Perc Vol: 37
Perc Index: 123
750.01000 – In General
Charge fails to allege facts showing how local rules concerning processing unit modification petitions are unreasonable. To the extent charging party is asking the Board to opine about the reasonableness of a rule as applied in a factual context unrelated to the facts of this charge, the Board declines the invitation, as PERB does not issue advisory opinions or generalized declarations of law.
1100.01000 – In General/Prima Facie Case
To the extent charging party is alleging that it filed its request for unit modification after the expiration of a memorandum of understanding and before the execution of a successor agreement, it may not do so for the first time on appeal without good cause.
1310.01000 – In General
Charge failed to allege facts establishing that county violated local rule by failing to process unit modification petition filed simultaneously with request for recognition as verified organization, where local rules required petition to be filed by verified employee organization and organization was not verified at the time it filed petition, and date it was verified was outside window period for filing petition. Charge failed to allege facts establishing county violated local rule by refusal to process appeal from denial of request for unit modification to board of supervisors, where local rule does not provide for appeal to board of supervisors of refusal to process unit modification request. Because unit modification petition was not timely filed under local rules, charge fails to establish prima facie violation of physicians’ and dentists’ rights to a separate bargaining unit under local rules or MMBA.