Decision 2506M – City of Madera
SA-CE-932-M
Decision Date: December 13, 2016
Decision Type: PERB Decision
Description: Charging party alleged that the City violated the MMBA when it denied the Association’s decertification petition as untimely.
Disposition: The Board affirmed the conclusions reached by the ALJ. The City’s contract bar and the City’s rule limiting the filing of decertification petitions to a one-month period were consistent both with the MMBA and PERB Regulations, and therefore not unreasonable. Since the Association failed to file a decertification petition during the window period provided by the City’s rules, the complaint and charge were properly dismissed.
Perc Vol: 41
Perc Index: 98
Decision Headnotes
750.01000 – In General
MMBA employer’s local rules may, but need not, establish a reasonable contract bar that is consistent with the MMBA. Furthermore, irrespective of whether an MMBA employer’s local rules establish a contract bar, the rules may, but need not, establish reasonable limits on when a party may file a decertification petition even in the absence of an effective labor agreement.
1301.01000 – In General
MMBA employer’s local rules may, but need not, establish a reasonable contract bar that is consistent with the MMBA. Furthermore, irrespective of whether an MMBA employer’s local rules establish a contract bar, the rules may, but need not, establish reasonable limits on when a party may file a decertification petition even in the absence of an effective labor agreement.
1301.04000 – Window Period
MMBA employer’s local rules may, but need not, establish a reasonable contract bar that is consistent with the MMBA. Furthermore, irrespective of whether an MMBA employer’s local rules establish a contract bar, the rules may, but need not, establish reasonable limits on when a party may file a decertification petition even in the absence of an effective labor agreement.
1302.01000 – In General; Filing Requirements
MMBA employer’s local rules may, but need not, establish a reasonable contract bar that is consistent with the MMBA. Furthermore, irrespective of whether an MMBA employer’s local rules establish a contract bar, the rules may, but need not, establish reasonable limits on when a party may file a decertification petition even in the absence of an effective labor agreement.
1302.04000 – Bar To
MMBA employer’s local rules may, but need not, establish a reasonable contract bar that is consistent with the MMBA. Furthermore, irrespective of whether an MMBA employer’s local rules establish a contract bar, the rules may, but need not, establish reasonable limits on when a party may file a decertification petition even in the absence of an effective labor agreement.