Decision A423M – City of Folsom

SA-IM-151-M

Decision Date: June 11, 2015

Decision Type: Administrative Appeal

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Perc Vol: 39
Perc Index: 184

Decision Headnotes

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.01000 – In General

Factfinding is available for any dispute over any matter within the scope of representation, so long as the employee organization’s request is timely and the dispute is not subject to statutory exceptions. Factfinding is not limited to disputes over a comprehensive memorandum of understanding. Because the representative’s request was timely, involved a dispute over negotiable matters and did not fall within one of the statutory criteria, the Board affirmed an administrative determination that factingfinding was appropriate. PERB does not conduct or oversee the factfinding process nor determine the issues to be presented at factfinding. The Board’s role is generally limited to whether a request meets the statutory criteria. Because the representative’s request was timely, involved a dispute over negotiable matters and did not fall within one of the statutory criteria, the Board affirmed an administrative determination that factfinding was appropriate. The Board need not invoke its unfair practice jurisdiction to decide whether a dispute is appropriate for factfinding under MMBA section 3505.4.

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)

Factfinding is available for any dispute over any matter within the scope of representation, so long as the employee organization’s request is timely and the dispute is not subject to statutory exceptions. Factfinding is not limited to disputes over a comprehensive memorandum of understanding. Because the representative’s request was timely, involved a dispute over negotiable matters and did not fall within one of the statutory criteria, the Board affirmed an administrative determination that factfinding was appropriate. PERB does not conduct or oversee the factfinding process nor determine the issues to be presented at factfinding. The Board’s role in MMBA factfinding is generally limited to determining whether a request for factfinding meets the statutory criteria. Because the representative’s request was timely, involved a dispute over negotiable matters and did not fall within one of the statutory criteria, the Board affirmed an administrative determination that factfinding was appropriate.

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
900.04000 – During Impasse

Factfinding is available for any dispute over any matter within the scope of representation, so long as the employee organization’s request is timely and the dispute is not subject to statutory exceptions. Factfinding is not limited to disputes over a comprehensive memorandum of understanding. Because the representative’s request was timely, involved a dispute over negotiable matters and did not fall within one of the statutory criteria, the Board affirmed an administrative determination that factfinding was appropriate. PERB does not conduct or oversee the factfinding process nor determine the issues to be presented at factfinding. The Board’s role is generally limited to whether a request meets the statutory criteria. Because the representative’s request was timely, involved a dispute over negotiable matters and did not fall within one of the statutory criteria, the Board affirmed an administrative determination that factfinding was appropriate. The Board declined to resolve joint employer issues raised in a factfinding request when the same issues were pending investigation in unfair practice proceedings. Unfair practice proceedings are better-suited for complex legal and factual issues and for protecting the parties’ right to notice and meaningful opportunity to be heard before issues of liability are decided.

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
1109.01000 – In General

The Board declined to resolve joint employer issues raised in a factfinding request when the same issues were pending investigation in unfair practice proceedings. Unfair practice proceedings are better-suited for complex legal and factual issues and for protecting the parties’ right to notice and meaningful opportunity to be heard before issues of liability are decided.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.01000 – In General

Pursuant to the MMBA and PERB Regulations 32802 and 32804, PERB does not conduct or in any manner oversee the factfinding process nor determine the issues to be presented and, by statute, its role is limited to determining whether a request for factfinding meets the statutory criteria, the Board declined to consider arguments that single-issue factfinding is unworkable, time-consuming and inordinately expensive.