Decision 2583M – Oak Valley Hospital District
SA-CE-1008-M
Decision Date: September 10, 2018
Decision Type: PERB Decision
Description: Charging Party, the prevailing party in the underlying administrative hearing, excepted to an administrative law judge’s finding that the Meyers-Milias-Brown Act permits local public agency employers to withdraw recognition of an exclusive representative when the conditions for withdrawal under federal labor law are satisfied.
Disposition: Although the Board generally declines to consider initial exceptions filed by a prevailing party, the Board did so in this case to avoid binding the parties in this case to an erroneous legal standard if similar facts should arise in the future. Under the MMBA, the decertification may be accomplished only by employee vote. Therefore, a local rule allowing the public agency employer to withdraw recognition from an exclusive representative without an employee vote violates the Act.
Perc Vol: 43
Perc Index: 53
Decision Headnotes
750.01000 – In General
The MMBA does not permit a local public agency to withdraw recognition from an exclusive representative without an employee vote. (MMBA section 3507, subd. (b).) (pp. 6-8) Therefore, a local rule allowing an employer to withdraw recognition without the vote of employees based solely on undefined “objective criteria” demonstrating the exclusive representative no longer enjoys majority support among the bargaining unit members is unreasonable and violates the MMBA. (p. 9)
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Absent good cause, the Board will dismiss as without merit any initial exceptions filed by a prevailing party unless the Board’s ruling on the exceptions would change the outcome of the ALJ decision. The Board found good cause to consider the prevailing party’s initial exceptions in order to prevent the parties from being bound by an erroneous legal conclusion in the proposed decision should similar facts arise between them in the future. (pp. 2, 5-6)
1107.20000 – Other
Absent good cause, the Board will dismiss as without merit any initial exceptions filed by a prevailing party unless the Board’s ruling on the exceptions would change the outcome of the ALJ decision. The Board found good cause to consider the prevailing party’s initial exceptions in order to prevent the parties from being bound by an erroneous legal conclusion in the proposed decision should similar facts arise between them in the future. (pp. 2, 5-6)
1302.01000 – In General; Filing Requirements
The MMBA does not permit a local public agency to withdraw recognition from an exclusive representative without an employee vote. (MMBA section 3507, subd. (b).) (pp. 6-8) Therefore, a local rule allowing an employer to withdraw recognition without the vote of employees based solely on undefined “objective criteria” demonstrating the exclusive representative no longer enjoys majority support among the bargaining unit members is unreasonable and violates the MMBA. (p. 9)