Decision A386M – County of Orange
LA-SV-161-M
Decision Date: October 25, 2010
Decision Type: Administrative Appeal
Description: UAPD filed a petition to sever five classifications from the County’s healthcare professionals bargaining unit.
Disposition: The Board affirmed the ALJ’s denial of the petition. The Board held that PERB lacked jurisdiction over the petition because the County had an applicable local rule.
Perc Vol: 34
Perc Index: 157
Decision Headnotes
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.
104.01000 – 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.
1308.01000 – 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.