Decision 2603M – City of Yuba City
SA-CE-919-M
Decision Date: December 12, 2018
Decision Type: PERB Decision
Description: The ALJ dismissed a complaint alleging that an employer: (1) discriminated against the bargaining unit represented by the charging party when it imposed the terms of its last, best, and final offer, which were worse than the terms agreed to by other bargaining units; and (2) failed to hold a public hearing regarding the parties’ impasse before imposing its last, best, and final offer. The charging party filed exceptions.
Disposition: The Board affirmed the proposed decision. It found that the employer’s actions were not discriminatory because the charging party itself rejected the terms that other bargaining units agreed to. It also found that the employer substantively complied with the requirement of holding a public hearing regarding the impasse.
Perc Vol: 43
Perc Index: 90
Decision Headnotes
501.01000 – In General; Elements of Prima Facie Case
If an employer has engaged in conduct that is facially or inherently discriminatory, i.e., discrimination in its simplest form, the employer’s unlawful motive can be inferred without specific evidence. The employer bears the burden of justifying such conduct by coming forward with a legitimate business justification. On the other hand, if the employer’s conduct is not facially or inherently discriminatory, the charging party must prove the employer’s unlawful motive under Novato Unified School District (1982) PERB Decision No. 210.
501.01000 – In General; Elements of Prima Facie Case
No prima facie case of inherently discriminatory conduct where the employees were treated less favorably than those in other bargaining units because their exclusive representative rejected the more favorable proposals accepted by other units.
501.02000 – Burden of Proof; Evidence
If an employer has engaged in conduct that is facially or inherently discriminatory, i.e., discrimination in its simplest form, the employer’s unlawful motive can be inferred without specific evidence. The employer bears the burden of justifying such conduct by coming forward with a legitimate business justification. On the other hand, if the employer’s conduct is not facially or inherently discriminatory, the charging party must prove the employer’s unlawful motive under Novato Unified School District (1982) PERB Decision No. 210.
504.03000 – Departure from Past Practices or Procedures
Inconsistency of employer’s action with its previously stated goals is not evidence of unlawful motive when the inconsistency was introduced before the protected activity.
504.12000 – Employer Statements or Conduct; Threats
Statement that employer intended to provide a one-time bonus to all units that negotiated a contract did not evidence intent to discriminate against unit that engaged in protected activity, where there was no indication that the unit that engaged in protected activity could not have obtained the bonus had it reached an agreement.
606.13000 – Parity Agreements
While the Board has recognized that an employer has a legitimate interest in maintaining parity or equity across its bargaining units, it has never held that parity is required. To the contrary, an employer comes perilously close to bad faith when it insists that it will not under any circumstances agree to different terms for different employee groups.
900.05000 – Post-Impasse
No violation of MMBA section 3505.7’s requirement of holding a “public hearing regarding the impasse” before imposing LBFO where the employer provided adequate notice to the public that it intends to consider imposing terms and conditions on employees, and to allow public comment concerning the proposed imposition.
900.05000 – Post-Impasse
Even if the employer complies with the MMBA’s requirement of holding a public hearing regarding the impasse, the manner in which the hearing proceeds, statements made by the employer’s representatives and governing body during the hearing, and the decision ultimately imposed may be evidence of whether the employer has acted with the requisite good faith during negotiations and impasse procedures.