Decision A409M – City of Redondo Beach
LA-IM-145-M
Decision Date: April 9, 2014
Decision Type: Administrative Appeal
Description: The Association appealed an administrative determination that the Association’s request for factfinding was untimely.
Disposition: The Board dismissed the Association’s appeal and affirmed the administrative determination. The Board held that PERB’s jurisdiction to appoint a factfinder in disputes involving peace officers is derived from MMBA section 3505.4.
Perc Vol: 38
Perc Index: 152
Decision Headnotes
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.
1109.02000 – 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.
1503.01000 – 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.