Decision 2316M – County of Yolo
Decision Date: April 23, 2013
Decision Type: PERB Decision
Description: The complaint and underlying charge, filed by the exclusive representative for the County of Yolo’s (County) General Bargaining unit, alleged that the County violated its local rules in its handling of a petition for unit modification, decertification and recognition filed on behalf of peace officers in the County’s Probation Department who desired to leave the General Bargaining Unit for a unit of their own.
Disposition: The Board reversed the ALJ, finding that the County violated its local rules and ordered a make-whole remedy for peace officer employees who were harmed as a result of the County’s action.
700.01000 – In General
The respondent public agency violated its local rules in its handling of a petition for unit modification, recognition and decertification filed on behalf of peace officers who no longer wished to remain in a mixed unit when the public agency added those classifications to an existing bargaining unit of investigators rather than recognizing the petitioned-for peace officer only unit; in determining the appropriate remedy in any particular case, the Board is neither bound by nor limited to the remedy requested by the charging party; the Board rejected the remedy sought by the charging party, the exclusive representative of the mixed unit, to return those peace officer classifications to the mixed unit because peace officers have a statutory right under MMBA section 3508, subdivision (1) to a separate unit.