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Decision 2919Ma – County of Monterey

SF-CE-2050-M

Decision Date: November 14, 2024

Decision Type: PERB Decision (Non-Precedential)

Description:  Service Employees International Union, Local 521 (SEIU) requested that the Board reconsider footnote 8 in County of Monterey (2024) PERB Decision No. 2919-M (non-precedential). There, the Board found that the County of Monterey violated the Meyers-Milias-Brown Act by unilaterally reducing rest breaks and directly issuing memoranda and forms to employees represented by SEIU, thereby bypassing, undermining, and derogating SEIU’s authority. The Board also clarified and adjusted the proposed remedial order to include (1) voiding any waiver forms SEIU-represented employees signed since January 1, 2023, and (2) ordering the County to make unit members whole for any rest breaks waived through the new forms beginning January 1, 2023, as well as for waived meal periods other than second meal periods waived by 12-hour shift employees.

Disposition:  In a non-precedential decision, the Board granted the request and clarified the footnote to allow a compliance officer to award 90 minutes of pay, subject to SEIU’s proof during compliance proceedings, if there are instances where an SEIU unit member worked through a 30-minute meal period and as a result of the County’s unfair practices they lost both compensation for the time worked as well as a one-hour premium pursuant to Labor Code section 512.1, subdivision (c).

Perc Vol: 49
Perc Index: 85

Decision Headnotes

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