Decision 2770M – City of Bellflower

LA-CE-1458-M

Decision Date: June 8, 2021

Decision Type: PERB Decision

Description: The complaint alleged that the City of Bellflower violated the MMBA and PERB Regulations by: (1) failing to comply with timelines in its local rules while processing a decertification petition that Bellflower City Employees Association (BCEA) filed in an effort to decertify and replace AFSCME Local 3745 as the exclusive representative of three City bargaining units; and (2) maintaining local rules that did not treat employee proof of support documents as confidential and providing AFSCME with unredacted copies the proof of support documents BCEA submitted with its Petition. The ALJ found the City liable for both alleged violations. The proposed decision ordered the City to process the Petition consistent with the timelines in its local rules and to demand that AFSCME return the BCEA authorization forms that it received. The proposed decision also ordered AFSCME, a joined party, to comply with the demand. The City filed exceptions.

Disposition: The Board dismissed as moot the allegation that the City failed to comply with its local rule timelines, given the Board’s conclusion in a companion case, City of Bellflower (2021) PERB Decision No. 2769-M, in which the Board held that the City cannot process BCEA’s Petition as presently written and the Board directed the City to follow the local rules as to any new or revised representation petition BCEA may file in the future. The Board agreed with the ALJ that the City unlawfully failed to treat BCEA’s authorization forms as confidential when it provided AFSCME with unredacted copies thereof. The Board also agreed with the ALJ’s proposed order regarding the authorization forms.

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