Decision 2839M – Ventura County Probation Agency


Decision Date: October 27, 2022

Decision Type: PERB Decision (Non-Precedential)

Description:  Ventura County Professional Peace Officers Association filed exceptions to a proposed decision of an administrative law judge (ALJ). The proposed decision dismissed the Association’s unfair practice charge, which alleged that Ventura County Probation Agency violated the Meyers-Milias-Brown Act (MMBA) and the County’s local rules by issuing a March 23, 2020 Essential Services‑Probation Agency memorandum without affording the Association notice and an opportunity to bargain over the decision or its effects, and thereafter refusing to negotiate upon demand of the Association.

The March 23 Memorandum discussed the Agency’s initial planned response to state and local health orders arising from the global COVID-19 pandemic, including designating essential and non-essential services, and by extension, positions. The Memorandum further directed that employees whose positions were declared non‑essential, but not on a telework schedule nor redeployed to another County agency, could remain at home and use personal leave time.

The proposed decision dismissed the complaint and underlying unfair practice charge, finding no violation of the MMBA or the County’s local rules because the decision underlying the March 23 Memorandum was not within the scope of bargaining, and because the bargainable effects of the Memorandum were covered by an existing County policy. The Association filed timely exceptions, and the Agency filed a timely response, urging the Board to affirm the dismissal of the complaint and adopt the proposed decision.

Disposition:  The Board affirmed the proposed decision, and dismissed the complaint and underlying unfair practice charge.

Perc Vol: 47
Perc Index: 76

Decision Headnotes

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