County of Ventura v. Public Employment Relations Board
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SEIU filed an unfair practice charge with the PERB, alleging that the county's refusal to process its petition to represent nonphysician employees of medical clinics violated the Meyers-Milias-Brown Act (MMBA). The MMBA governs employer-employee relations between public agencies and public employees. The ALJ found in favor of the county, but the PERB reversed and found that the county was a single employer, or in the alternative, a joint employer. The county contended that PERB had no jurisdiction because the county was not an employer within the meaning of the MMBA.
The Court of Appeal denied the county's petition for extraordinary relief from PERB's decision, holding that substantial evidence supported PERB's finding that the county was a joint-employer of clinic employees. Among other things, the county exercised control over compensation and staffing decisions, and had ultimate control over the clinics' financial resources that pay for compensation and staffing.
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