Under the Meyers-Milias-Brown Act (MMBA), public agencies should bargain in good faith with recognized employee organizations regarding matters within the scope of their representation, including terms and conditions of employment such as changes to wages and hours.
In County of Sonoma v. Public Employment Relations Board, the Sonoma County Deputy Sheriffs’ Association and the Sonoma County Law Enforcement Association brought unfair practice complaints relating to the decision of Sonoma County’s board of supervisors to place Measure P on the November 2020 ballot.
The measure, which the voters ultimately approved, amended the Sonoma County Code to enhance the investigative and oversight authority of the county’s Independent Office of Law Enforcement Review and Outreach (IOLERO) over the county’s Sheriff-Coroner office.
The associations claimed that the placement of Measure P breached the MMBA’s bargaining requirement and significantly and negatively impacted their members’ working conditions, such as their discipline and investigation criteria and procedures.
The Public Employment Relations Board (PERB) found that the county, before placing the measure, needed to bargain with the associations about provisions relating to the investigation and discipline of employees. The PERB declared those provisions void and unenforceable against employees that the associations represented.
These provisions gave the IOLERO the authority to do the following:
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