Decision A421M – City of Parlier

SA-RR-1148-M

Decision Date: June 4, 2015

Decision Type: Administrative Appeal

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Perc Vol: 40
Perc Index: 16

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)

PERB does not have the authority to conduct representation proceedings under the MMBA unless a public agency has not adopted local rules that address that particular representation issue in accordance with MMBA section 3507. Where a city has adopted local rules that address petitions by employee organizations for recognition as exclusive representatives, or where a city specifically adopted a rule that permits the employee relations officer to designate which positions are confidential and establishes a definition of “confidential employee,” as it is specifically authorized to do by MMBA section 3507.5.6, there is no “gap” for PERB to fill with its own representation rules, and PERB lacks jurisdiction to consider such a petition.

750.00000 – EMPLOYER ADOPTION/ENFORCEMENT OF UNREASONABLE RULE
750.01000 – In General

The appropriate avenue for challenging a city’s rule prohibiting confidential employees from being placed in non-confidential bargaining units as being unreasonable, or alleging the rule is not consistent with or does not effectuate the purposes of the express provisions of the MMBA, is an unfair practice charge pursuant to MMBA section 3509(b), not a representation petition before PERB.

1300.00000 – REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION
1300.01000 – In General

PERB does not have the authority to conduct representation proceedings under the MMBA unless a public agency has not adopted local rules that address that particular representation issue in accordance with MMBA section 3507. Where a city has adopted local rules that address petitions by employee organizations for recognition as exclusive representatives, or where a city specifically adopted a rule that permits the employee relations officer to designate which positions are confidential and establishes a definition of “confidential employee,” as it is specifically authorized to do by MMBA section 3507.5.6, there is no “gap” for PERB to fill with its own representation rules, and PERB lacks jurisdiction to consider such a petition.