Decision A461M – County of Ventura
Decision Date: March 6, 2018
Decision Type: Administrative Appeal
Description: The County appealed an administrative determination by the Office of the General Counsel granting the Union’s request for factfinding on the basis that the dispute involved a matter not within the scope of representation, and requested that PERB stay the administrative determination pending the Board’s review of the matter.
Disposition: The Board denied the County’s appeal and request for stay. In doing so, the Board held that while factfinding is only required for disputes over matters within the scope of representation, PERB is not required to make a definite determination to that effect prior to approving a factfinding request. While some matters are expressly included within the scope of representation, other matters are more legally and factually complex. Requiring a preliminary determination as to scope prior to approving a factfinding request would encourage delay and gamesmanship and thus defeats the principal purpose of factfinding.
Perc Vol: 42
Perc Index: 115