Kern County Hospital Authority v. Public Employment Relations Bd.
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In California, the Public Employment Relations Board (PERB) found that the Kern County Hospital Authority violated the Meyers-Milias-Brown Act (MMBA), a law that governs labor relations in the public sector. The violation occurred when the Authority unilaterally decided it could reject collective grievances filed by the Service Employees International Union, Local 521 (SEIU), without giving the Union the opportunity to negotiate this policy change.
The dispute centered on the interpretation of the Memorandum of Understanding (MOU) between the Authority and SEIU. The Authority argued that the MOU only allowed individual employees to file grievances and did not explicitly permit collective grievances. Therefore, the Authority believed it had the right to reject any collective grievances.
However, PERB ruled that the MOU was ambiguous on this point. PERB noted that while the MOU did not directly address collective grievances, it did contain a provision allowing for the consolidation of grievances. Furthermore, the MOU's language did not clearly and unambiguously exclude collective grievances. PERB found that the Authority's assertion that it could categorically reject collective grievances represented a new policy or a new interpretation of an existing policy, which amounted to a unilateral change in violation of the MMBA.
Additionally, PERB rejected the Authority's argument that the Union had waived its right to bargain over this matter. PERB found that the Authority had not demonstrated that the Union knowingly and voluntarily relinquished its interest in collective grievances.
As a result, PERB affirmed its earlier decision and denied the Authority's petition for writ of extraordinary relief. The Court of Appeal of the State of California Fifth Appellate District affirmed PERB's decision.
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