A firefighters’ union claimed that a fire district employer unilaterally changed the status quo regarding the use of Limited Term Firefighters (LTFs). The union claimed that the district’s past practice was to use unrepresented LTFs only for additional staffing for special events and emergencies, but not to otherwise fill firefighter vacancies. The district claimed there was no change in the status quo because it had long used LTFs interchangeably with full time firefighters.
The union filed an unfair practice charge (UPC) with the Public Employment Relations Board (PERB). An administrative law judge (ALJ) heard the case. LCW deployed several arguments. First, LCW argued that the six-month statute of limitations defeated the UPC. The ALJ agreed, but went on to address LCW’s arguments regarding the merits of the case. The ALJ found that the union did not establish a prima facie case for unilateral change. The union’s evidence contradicted the bargaining history that showed that the union had unsuccessfully sought to change the very past practice it was alleging was a unilateral change.
The union did not timely file any exceptions, so the ALJ’s proposed decision in favor of the district became final.