Decision A399M – City of Vallejo

SF-SV-119-M

Decision Date: April 12, 2013

Decision Type: PERB Decision

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Decision Headnotes

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)

Both the plain language of MMBA section 3509 and legislative intent behind that section are clear that PERB regulations serve to “fill in the gap” when a local agency has not adopted a local rule on a particular representation issue. Since the employer has not adopted a local rule that provides a severance process, pursuant to PERB Regulation 61000, PERB will conduct representation proceedings in the above-referenced matter, and PERB regulations on the filing of a severance petition under MMBA apply.

1308.00000 – REPRESENTATION ISSUES; SEVERANCE
1308.01000 – In General

Since the employer has not adopted a local rule that provides a severance process, pursuant to PERB Regulation 61000, PERB will conduct representation proceedings in the above-referenced matter, and PERB regulations on the filing of a severance petition under MMBA apply. PERB strictly enforces the window period governing severance petitions under PERB Regulations 61400(b) and 61010. A severance petition must be accompanied by proof of at least 30 percent support of the employees in the unit claimed to be appropriate, and deficiencies in proof of support may not be cured by a filing after the close of the window period. A severance petition must be dismissed when the petition is filed after the close of the window period as defined at PERB Regulation 61010, and is, therefore, not filed in accordance with PERB Regulation 61400(b). A severance petition must be dismissed when proof of support for the petition is filed with PERB after the close of the window period, or when a timely filed proof of support contains deficiencies that are not corrected until after the close of the window period.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

PERB has consistently applied PERB Regulation 32130(c) to appeals filed by parties who have been granted an extension of time within which to file the appeal.