Decision A386M – County of Orange

LA-SV-161-M

Decision Date: October 25, 2010

Decision Type: PERB Decision

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Perc Vol: 34
Perc Index: 157

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts

Under the MMBA, PERB has jurisdiction over a representation petition only when an agency’s local rules contain no provision that can accomplish what the petitioner is seeking without placing an undue burden on the petitioner. Because a county’s local rule governing unit modification provided the functional equivalent of a unit severance rule and did not unduly burden the petitioning union, PERB lacked jurisdiction over the severance petition.

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)

Under the MMBA, PERB has jurisdiction over a representation petition only when an agency’s local rules contain no provision that can accomplish what the petitioner is seeking without placing an undue burden on the petitioner. Because a county’s local rule governing unit modification provided the functional equivalent of a unit severance rule and did not unduly burden the petitioning union, PERB lacked jurisdiction over the severance petition.

1308.00000 – REPRESENTATION ISSUES; SEVERANCE
1308.01000 – In General

Under the MMBA, PERB has jurisdiction over a representation petition only when an agency’s local rules contain no provision that can accomplish what the petitioner is seeking without placing an undue burden on the petitioner. Because a county’s local rule governing unit modification provided the functional equivalent of a unit severance rule and did not unduly burden the petitioning union, PERB lacked jurisdiction over the severance petition.