Decision 2388M – City of Palo Alto * * * SUPERSEDED by City of Palo Alto (2017) PERB Decision No. 2388a-M
Decision Date: August 6, 2014
Decision Type: PERB Decision
* * * SUPERSEDED by City of Palo Alto (2017) PERB Decision No. 2388a-M * * *
Description: The ALJ concluded that although charging party established a prima facie case that the employer violated the MMBA by unilaterally adopting rules for administration of employer-employee relations, viz., submitting a charter amendment to voters to repeal provisions for binding interest arbitration of collective bargaining impasses with police and firefighter employee organizations, without prior good faith consultation thereon, the employer established an affirmative defense that the charging party had waived by inaction its right to such consultation.
Disposition: The Board upheld the ALJ’s conclusion that charging party had established a prima facie case, and reversed the ALJ’s conclusion that the charging party had waived its right to consult. The Board ordered the employer to (1) rescind the action referring to voters a measure to repeal provisions for binding interest arbitration of collective bargaining impasses with police and firefighter employee organizations, and (2) meet and consult with representatives of charging party over modification or repeal of rules or regulations for the administration of employer- employee relations, including without limitation procedures for the resolution of collective bargaining disputes.
Perc Vol: 39
Perc Index: 25