Case about the Application and Enforcement of Local Rules to the Bargaining Relationship
In El Dorado County Deputy Sheriffs’ Association v. County of El Dorado,a county deleted several vacant positions from a labor organization’s bargaining unit, without giving advance notice. The Court of Appeal agreed with the labor organization that the county had violated its own local rules.
Under the county’s local rules, the county had a duty to give advance notice and consult with the affected labor organization before deleting positions. The county failed to do so.
The court then turned to the question of the remedy. The county argued it possessed a management right to delete positions pursuant to the Meyers-Milias-Brown Act (“MMBA”). The county claimed that it should not be required to restore the deleted positions, and that it need only meet and consult with the labor organization over the effects on remaining bargaining unit employees of deleting the positions.
The court disagreed, finding the local rules required the county to give notice and consult with the petitioner before deleting the positions. Therefore, the court invalidated the deletion of the positions and directed the county to proceed according to law.
This case underscores the importance of gaining an awareness of a labor organization’s rights under applicable local rules.
By Anne Yen | April 11, 2016