Decision 2399M – County of Amador


Decision Date: November 24, 2014

Decision Type: PERB Decision (Non-Precedential)

Description:  The Office of the General Counsel dismissed that portion of the charge which alleged that the County had violated the MMBA and PERB regulations by accepting and processing a decertification petition filed by a rival organization at a time when a collective bargaining agreement was in place.  The charging party appealed the partial dismissal.

Disposition:  The Board affirmed the partial dismissal of the unfair practice charge.  Although the County and the representative had tentatively agreed to terms and the incumbent’s membership had ratified the tentative agreement, the Board reasoned that because the County’s governing body had not yet adopted the tentative agreement, the contract bar rule established by PERB regulations was not in place.  Under PERB precedent, the operative date for the contract bar rule is the date of ratification by both parties, where ratification is a condition precedent of the agreement and where the parties had ground rules requiring ratification before any tentative agreements would be final.

Perc Vol: 39
Perc Index: 68

Decision Headnotes

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