Decision 2827M – Marin Municipal Water District


Decision Date: July 12, 2022

Decision Type: PERB Decision (Non-Precedential)

Description: Service Employees International Union Local 1021 (SEIU) appealed the partial dismissal of its unfair practice charge by PERB’s Office of the General Counsel (OGC). The charge, as amended, alleges that Marin Municipal Water District violated the Meyers-Milias-Brown Act (MMBA) by unilaterally changing its promotional process and the parties’ grievance procedure, refusing to provide necessary and relevant information, and interfering with protected rights. OGC issued a complaint on the interference allegation and dismissed the remaining allegations for failure to state a prima facie case. SEIU timely appealed the partial dismissal, arguing that rather than dismiss the allegations, the charge should be placed in abeyance pending arbitration. The Board disagreed, finding that even if a charging party could assert deferral as a basis to avoid dismissal, here SEIU did not pursue the matter to arbitration. Because the respondent employer did not assert that deferral to arbitration was appropriate, and has no obligation to arbitrate here, placing the charge in abeyance pending arbitration was not appropriate.

Disposition: In a non-precedential decision the Board affirmed the partial dismissal. The allegations were therefore dismissed without leave to amend.

Perc Vol: 47
Perc Index: 31

Decision Headnotes

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