PPOA WINS UNFAIR LABOR PRACTICE CHARGE AGAINST THE COUNTY OF LOS ANGELES
The County of Los Angeles Employee Relations Commission (ERCOM) ruled that, “The Respondent (County) violated Sections 5.04.240(A)(1) and (A)(3) of the ERO by implementing the Oversight Legislation without first negotiating the effects of the Oversight Legislation with PPOA and ALADS.” The unfair labor practice charge (UFC) arose when the Los Angeles County Board of Supervisors adopted Ordinance 20-0520 (the “Ordinance”), which permit the Civilian Oversight Commission (“COC”) to “access information, documents, and testimony necessary to the Commission’s oversight function by directing the [Office of the Inspector General (“OIG”)] to issue a subpoena on the Commission’s behalf when deemed necessary by action of the Commission.” On March 3, 2020, County voters adopted ballot proposition Measure R, which granted the COC the power to subpoena and require the attendance of witnesses and the production of books and papers pertinent to investigations and oversight,” and to permit the COC to use its own members and staff to “undertake investigations, inquiries, audits and monitoring” and to “review and evaluate the Office of Inspector General’s handling and resolution of any or all citizen’s or inmate’s complaint.” Collectively, Ordinance 20-0520 and Measure R are referred to herein as “Oversight Legislation.”
On December 28, 2020, the Professional Peace Officers Association’s (“PPOA”) Counsel Jim Cunningham filed UFC No. 017-20 alleging that Respondent violated Section 5.04.240 of the ERO by, without meeting and conferring with PPOA, making the changes implemented by the Oversight Legislation. Collectively, PPOA and ALADS, who also filed a ULP, were referred to as the “Charging Parties.”
On May 17, 2022, a hearing officer (“HO”) held a hearing at which relevant evidence and testimony were taken and argument was submitted. On August 18, 2022, the HO issued a Report and Recommendation (“Report”) with a finding that the County had violated, as charged, its duty to engage in the meet and confer process.
Thereafter, at regularly scheduled ERCOM meetings held on October 24 and November 28, 2022, ERCOM heard oral argument on whether to adopt the Report and ruled in favor of PPOA and ALADS and in pertinent part ordered on November 30th, 2022, the following:
No later than fourteen (14) days after the issuance of this Decision and Order.
The Respondent shall meet and confer with the Charging Parties with respect to the negotiable effects of the Oversight Legislation as follows:
- The parties shall immediately meet and confer on the schedule for negotiations and shall, no later than seven (7) days after the issuance of this Decision and Order, report to the Commission on any agreement as to the schedule for negotiations.
- If the parties are unable to reach an agreement as to the schedule for negotiations, then the Commission will consider an application by any party to issue a supplemental Decision and Order establishing the negotiations schedule.
- It is the Commission’s hope and expectation that negotiations will be completed no later than sixty (60) days from the commencement of negotiations, and that the parties will take all actions necessary to facilitate such a schedule, including the pre- selection of a mediator. The parties shall have the discretion to reach a mutual agreement pursuant to a lengthier schedule.
- The meet-and-confer process outlined in this Paragraphs 4 shall be without prejudice to the exhaustion of the impasse procedure otherwise required by law.
- Members of the employee representation units represented by ALADS and PPOA shall not be required to respond to subpoenas issued pursuant to the Oversight Legislation until the conclusion of the meet-and-confer process described above in Paragraph 4.
- The Respondent shall post appropriate notices – including but not necessarily limited to email notice to affected members of the employee representation units represented by ALADS and PPOA – regarding this Decision and Order.
The parties have initiated meet and confer over the “Oversight Legislation” on December 13, 2022, and expect to conclude negotiation by mid- February. IN THE MEANTIME, ACCORDING TO ERCOM’S ORDER, PPOA MEMBERS ARE NOT REQUIRED TO RESPOND TO SUBPOENAS ISSUED PURSUANT TO THE “OVERSIGHT LEGISLATION” (See #5) above.
If you are served with a subpoena for your attendance, or for records, from the O.I.G. and/or C.O.C., please contact PPOA immediately.