Decision 2925M – City and County of San Francisco (San Francisco Municipal Transportation Agency)
SF-CE-1874-M
Decision Date: October 11, 2024
Decision Type: PERB Decision (Non-Precedential)
Description: The complaint alleged that Respondent City and County of San Francisco (San Francisco Municipal Transportation Agency) (SFMTA) violated the Meyers-Milias-Brown Act by (1) unilaterally removing work from Charging Party International Brotherhood of Electrical Workers, Local 6’s (IBEW) bargaining unit without first providing notice and opportunity to bargain over the decision and/or its effects; and (2) denying IBEW’s request for information regarding SFMTA’s decision to assign battery-electric bus maintenance and repair work to Joined Party International Association of Machinists & Aerospace Workers, Local 1414 (IAM) rather than to IBEW. At a formal hearing, the Administrative Law Judge (ALJ) granted IAM’s motion in limine to exclude evidence of some but not all past practices, finding, with one exception, that evidence regarding past practices prior to 2019 was not admissible based upon a clause in the SFMTA‑IBEW Memorandum of Understanding. After the close of hearing, the ALJ issued a proposed decision dismissing the unilateral change allegation and finding a violation, in part, on the request for information claim.
Disposition: In a non-precedential decision, the Board found that the ALJ erroneously granted the motion in limine. The Board accordingly vacated the proposed decision and remanded to the Division of Administrative Law for further proceedings.
Perc Vol: 49
Perc Index: 73
Decision Headnotes