Decision A462M – City of Oakland

SF-IM-195-M

Decision Date: April 30, 2018

Decision Type: Administrative Appeal

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Perc Vol: 42
Perc Index: 141

Decision Headnotes

301.00000 – UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES
301.01000 – In General

Neither PERB nor the courts have addressed whether public employers or exclusive representatives are required to meet and confer over which employees are essential to public health and safety, and therefore may not strike. (pp. 6-7)

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
900.01000 – In General

PERB’s review of a factfinding request is limited to determining whether an exclusive representative’s request satisfies the procedural requirements of Gov. Code Section 3505.4 and PERB Regulation 32802. (p. 4) Although factfinding only applies to disputes over matters within the scope of representation, the Office of the General Counsel will not assess whether the subject of the parties’ dispute is within the scope of representation before approving the factfinding request. (pp. 3-4, 6) The Office of the General Counsel must approve the request unless the Board has previously declared a subject outside the scope of bargaining via the unfair practice process. Where neither PERB nor the courts have rendered such a decision, a factfinding request otherwise in compliance with the statutory and regulatory prerequisites must be approved.

900.00000 – IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH
900.02000 – Declaration/Determination of Impasse

PERB’s review of a factfinding request is limited to determining whether an exclusive representative’s request satisfies the procedural requirements of Gov. Code Section 3505.4 and PERB Regulation 32802. (p. 4) Although factfinding only applies to disputes over matters within the scope of representation, the Office of the General Counsel will not assess whether the subject of the parties’ dispute is within the scope of representation before approving the factfinding request. (pp. 3-4, 6) The Office of the General Counsel must approve the request unless the Board has previously declared a subject outside the scope of bargaining via the unfair practice process. Where neither PERB nor the courts have rendered such a decision, a factfinding request otherwise in compliance with the statutory and regulatory prerequisites must be approved.

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

Factfinding is available for any dispute over a matter within the scope of representation so long as the employee organization’s factfinding request complies with the statutory and regulatory prerequisites. (pp. 4-5) The appropriate avenue to resolve whether a subject is within the scope of representation is through the unfair practice process where a full factual record may be developed. (pp. 6-7) Where neither PERB nor the courts have previously determined whether the subject of essential employee status is outside the scope of representation, the Office of the General Counsel will not make a preliminary scope of representation decision as part of its determination of whether to approve the factfinding request. (p. 6)

1000.00000 – SCOPE OF REPRESENTATION
1000.02164 – Other

Neither the Board nor the courts have addressed whether public employers or exclusive representatives are required to meet and confer over which employees are essential to public health and safety, and therefore may not strike. (pp. 6-7)