Decision 2898M – Sacramento-Yolo Mosquito & Vector Control District


Decision Date: April 10, 2024

Decision Type: PERB Decision (Non-Precedential)

Description:  Operating Engineers Local Union No. 3 (OE3) filed an unfair practice charge alleging that Sacramento-Yolo Mosquito and Vector Control District, violated the Meyers-Milias-Brown Act (MMBA) by failing to bargain over unilateral changes within the scope of representation. PERB issued a complaint, alleging that the District violated the MMBA by unilaterally implementing: (1) new job duties for its Ecological Management Technicians (EMTs), and (2) a COVID-19 Prevention Plan/Program, without providing OE3 notice or opportunity to bargain.

After hearing and briefing, the Administrative Law Judge (ALJ) issued a proposed decision dismissing the EMT job duties claim as untimely and finding that the District violated the MMBA when it made changes to the COVID-19 Prevention Plan/Program. The ALJ found that the District did not change EMT job duties during the six-month limitations period, as the status quo for EMT job duties included operation of the unmanned drones. OE3 excepted to the ALJ’s untimeliness finding; no party excepted to the COVID-19 Prevention Plan/Program violation.

Disposition:  In a non-precedential decision, the Board affirmed the ALJ’s dismissal of the EMT job duties claim. The Board found that EMTs regularly and consistently operated drones for several years prior to the limitations period. Though evidence of pre-implementation wavering intent can restart the limitations period for unilateral change violations, the Board declined to find that this exception applied to the EMT job duties claim. The parties bargained over updates to the EMT job description during the limitations period and did not reach agreement; however, the EMT job duties did not change from the status quo, which included the drone operation duties.

Perc Vol: 48
Perc Index: 162

Decision Headnotes

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