Decision A409M – City of Redondo Beach

LA-IM-145-M

Decision Date: April 9, 2014

Decision Type: Administrative Appeal

View Full Text (PDF)

Perc Vol: 38
Perc Index: 152

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)

While PERB’s authority to consider unfair practice issues pertaining to peace officers and management employees is limited by MMBA sections 3509, subdivision (f), and 3511, PERB has jurisdiction under MMBA section 3505.4 to appoint a factfinder in matters pertaining to peace officers and management employees.

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
1109.02000 – Statute of Limitations

The Board held that an exclusive representative’s factfinding request was untimely pursuant to section 3505.4 of the MMBA and PERB Regulation 32802. Since the exclusive representative has the sole right to request factfinding, it has the responsibility to ensure that a request for factfinding is timely.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.01000 – In General

The Board held that an exclusive representative’s factfinding request was untimely pursuant to section 3505.4 of the Meyers-Milias-Brown Act (MMBA) and PERB Regulation 32802. Since the exclusive representative has the sole right to request factfinding, it has the responsibility to ensure that a request for factfinding is timely.