Decision 2905M – Consolidated Irrigation District

SA-CE-1231-M

Decision Date: June 24, 2024

Decision Type: PERB Decision

Description:  The complaint alleged that Respondent Consolidated Irrigation District violated the Meyers-Milias-Brown Act by interfering with the protected rights of employees and Charging Party Operating Engineers Local 3, AFL-CIO (OE3), dominating or interfering with OE3’s administration, and failing and refusing to meet and confer in good faith with OE3. As to the interference allegations, the complaint specifically alleged two claims: (1) that District agents held at least one meeting with an OE3 member to discuss instructions for talking to other unit members about executing a decertification petition and promising unit members that they would receive a raise in exchange for decertifying OE3; and (2) that a District employee, whether by actual, apparent, or ratified authority, or coercion, solicited signatures from OE3 members to support a petition to decertify OE3; informed unit members that they would receive a pay raise in exchange for their signatures in support of OE3’s decertification; and submitted to PERB a petition in Case Number SA-DP-284-E, seeking to decertify OE3 as the exclusive representative of the unit. The complaint further alleged a violation of the Prohibition on Public Employers Deterring or Discouraging Union Membership. After a formal hearing, the administrative law judge sustained the bad faith bargaining claim and dismissed the remaining allegations.

Disposition:  The Board affirmed the proposed decision as supplemented by additional discussion and adjusted the remedial order.

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