Decision 2554M – County of Santa Clara
SF-CE-1388-M
Decision Date: February 27, 2018
Decision Type: PERB Decision (Non-Precedential)
Description: Charging parties alleged that the County violated the MMBA by complying with an arbitrator’s opinion and award to distribute $3.2 million to approximately 1,100 employees in equal shares, rather than to fully compensate Charging Parties for their unpaid overtime hours, as determined in the liability phase of a grievance brought by Charging Parties’ exclusive representative. The Office of the General Counsel dismissed the charge for lack of jurisdiction over the arbitrator and failure to state a prima facie case and Charging Parties appealed. It also dismissed Charging Parties’ unilateral change allegation for lack of standing because Charging Parties were not representatives of the recognized employee organization.
Disposition: Because the appeal raised no issues which had not already been adequately addressed in the Office of the General Counsel’s warning and dismissal letters, the Board summarily denied the appeal and adopted the dismissal.
Perc Vol: 42
Perc Index: 110