PERB Addresses “Public Hearing” Requirement Under MMBA

City of Yuba City (2018) PERB Decision No. 2603-M (Issued on 12/12/18)

Under the MMBA, an employer must hold a “public hearing” regarding the impasse between the parties before it may implement its last, best, and final offer (LBFO). (Gov. Code § 3505.7) In this case the union argued that the employer failed to comply with this requirement because the city council agenda item was listed as “Local 1 Imposition”  rather than as a public hearing regarding the impasse between the parties. The Board rejected the union’s arguments.

The Board noted that although the “public hearing” requirement is not defined in the MMBA, the Legislature certainly intended that the hearing be more than an employer “going through the motions” to hasten imposition on an LBFO.  According to the Board, at a minimum, the employer must provide adequate notice to the public that it intends to consider imposing terms and conditions on employees, and to allow public comment concerning the proposed imposition. Here, the Board held those requirements were satisfied.

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