Public Defenders' Organization v. County of Riverside

An organization of public employees succeeded in obtaining a writ of mandate directing the public employer to recognize the organization as the majority representative of certain employees and to conduct an election to determine whether those employees wished to designate the organization as their exclusive representative. The employer appeals. We reverse.

Legal, Factual and Procedural Background

A. The Meyers-Milias-Brown Act and the County’s Employee Relations Resolution

The Meyers-Milias-Brown Act (Gov. Code, §§ 3500-3511; hereinafter, the Act) regulates the negotiation of memoranda of understanding between local governmental agencies and their employees concerning terms and conditions of employment. The Act authorizes each public agency to adopt reasonable rules governing the administration of the Act within that agency. (Gov. Code, § 3507.) Pursuant to that authority, Riverside County (County) has adopted an employee relations resolution. (Resolution No. 99-379; hereinafter, ERR.)

Normally, the negotiation is conducted through employee organizations rather than with the employees individually. (See Gov. Code, § 3502; ERR, § 5.) “ ‘Employee organization’ means any…