Decision 2492M – County of Butte

SA-CE-871-M

Decision Date: June 30, 2016

Decision Type: PERB Decision

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Perc Vol: 41
Perc Index: 31

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.03000 – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)

PERB’s remedial authority is determined by statute, not by a contractual agreement between parties, and this authority cannot be limited or constrained by stipulation of the parties.

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)

PERB’s remedial authority is determined by statute, not by a contractual agreement between parties, and this authority cannot be limited or constrained by stipulation of the parties.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.11000 – Dues Deductions/Check Off/Agency Fee

Employer violated MMBA by withdrawing recognition and refusing to remit employee dues to exclusive representative prior to election certified in unit modification. Employer ordered to remit unlawfully withheld dues to the exclusive representative, with interest.

700.00000 – EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS
700.01000 – In General

The harm that MMBA section 3506.5(d) intends to prohibit includes employers financially assisting one union in preference for another; employers establishing an employee organization to compete with or undermine an exclusive representative; or attempting to influence employee free choice by providing other non-financial assistance to an employee organization.

700.00000 – EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS
700.09000 – Solicitation; Dues Collection

Board order that employer make union whole for wrongful failure to remit dues to which union was entitled does not constitute forcing the employer to “contribute financial support” to union because the employer is not giving the union anything of value to which the union was not already entitled under the MMBA.

700.00000 – EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS
700.11000 – Loans; Dues Payments, Etc.

Board order that employer make union whole for wrongful failure to remit dues to which union was entitled does not constitute forcing the employer to “contribute financial support” to union because the employer is not giving the union anything of value to which the union was not already entitled under the MMBA.

1202.00000 – REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY
1202.02000 – Agreement Between. the Parties

PERB’s remedial authority is determined by statute, not by a contractual agreement between parties, and this authority cannot be limited or constrained by stipulation of the parties. MOU language was not a “clear and unmistakable” waiver of union’s right to a remedial order that the employer remit unlawfully withheld dues to union when the employer presented no evidence that the parties intended this agreement to apply in such a way to supersede PERB’s remedial authority in the event the employer unlawfully refused to remit dues and fees.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.10000 – Other Affirmative Relief

Where employer unlawfully withdrew recognition from exclusive representative, thereby denying employees representation by any employee organization, it was the employer’s responsibility to make the union whole for unremitted dues and fees, especially since employees were denied representation as a result of the employer’s wrongful act. The appropriate remedy for an employer’s unlawful failure to remit dues is to order that it, not employees, make the employee organization whole. Ordering the employer to make union whole for the employer’s wrongful failure to remit dues to which union was entitled is not requiring the employer to “contribute financial support” to union in violation of the MMBA because the employer is not giving the union anything of value to which the union was not already entitled under the MMBA.