News

Notice of Oral Argument

This is to advise that the Public Employment Relations Board will be conducting Oral Argument in City of Lompoc v. Lompoc Police Officers Association; Lompoc Police Officers Association v. City of Lompoc, Case Nos. LA-CO-100-M; LA-CE-555-M; LA-CE-564-M; LA-CE-585-M, on June 13, 2013, at 2:00 p.m. at a regularly scheduled meeting of the Board. A copy of the Notice of Oral Argument, the Proposed Decision and the parties’ submissions may be accessed using the hyperlinks below. For information concerning petitions to submit informational briefs as a non-party under PERB Regulation 32210, please carefully review the Notice of Oral Argument. It contains a briefing schedule and it also requests that proposed briefs accompany any petition filed pursuant to PERB Regulation 32210. Questions concerning this notice may be directed to Regina Keith, Assistant to the Chair, at (916) 322-8226.

Notice of Oral Argument

Proposed Decision

Statement of Exceptions to Proposed Decision of Administrative Law Judge, Brief in Support Thereof, and Request for Oral Argument

City of Lompoc’s Response to Lompoc Police Officers Association’s Statement of Exceptions and Brief in Support of Statement of Exceptions; and City of Lompoc’s Cross-Exceptions and Brief in Support of Cross-Exceptions to Administrative Law Judge’s Proposed Decision Dated May 9, 2012

Lompoc Police Officers’ Association’s Response to the City of Lompoc’s Statement of Cross-Exceptions and Brief in Support Thereof

City of Lompoc’s Objections to Lompoc Police Officers’ Association’s "Reply" Brief

NOTICE OF PROPOSED RULEMAKING: MMBA FACTFINDING SUFFICIENCY DETERMINATION APPEALS

The proposed changes addressed by this Notice concern the appealability of a Board agent’s determination of the sufficiency of a factfinding request made pursuant to the MMBA. This change deletes the regulation text that prohibits an appeal of a determination of the sufficiency of a factfinding request made pursuant to the MMBA to the Board.

As stated in the Notice of Proposed Rulemaking, the Board will hold a public hearing at 10:00 a.m., on June 13, 2013, in Room 103 of its headquarters building, located at 1031 18th Street, Sacramento, California. Room 103 is wheelchair accessible.

Also, interested parties may submit written comments relevant to the proposed regulatory action to the Board. The written comment period closes at 5:00 p.m. on June 11, 2013.

Links are provided, below, for the Notice of Proposed Rulemaking, Proposed Text, and the Initial Statement of Reasons.

MMBA Factfinding - Notice of Rulemaking

MMBA Factfinding - Proposed Text

MMBA Factfinding - Initial Statement of Reasons

Written Comment - Timothy Yeung - Renne Sloan

NOTICE OF PROPOSED RULEMAKING: SMCS CONDUCTED REPRESENTATION AND AGENCY SHOP ELECTIONS

The proposed changes addressed by this Notice concern the adoption of regulations providing for and describing the election services and processes related thereto for representation and agency shop elections conducted by the State Mediation and Conciliation Service (SMCS) pursuant to the local rules of an MMBA, Trial Court Act or Court Interpreter Act employer. These proposed regulations define “Parties,” describe ballots, and provide for stays of an election, notice requirements, voter list requirements, voter eligibility requirements, challenge processes, tallying of ballots, resolution of challenges, objection processes, hearings on objections and challenges, and filing of exceptions to decisions on objections and challenges.

As stated in the Notice of Proposed Rulemaking, the Board will hold a public hearing at 10:00 a.m., on June 13, 2013, in Room 103 of its headquarters building, located at 1031 18th Street, Sacramento, California. Room 103 is wheelchair accessible.

Also, interested parties may submit written comments relevant to the proposed regulatory action to the Board. The written comment period closes at 5:00 p.m. on June 11, 2013.

Links are provided, below, for the Notice of Proposed Rulemaking, Proposed Text, and the Initial Statement of Reasons.

SMCS Elections - Notice of Rulemaking

SMCS Elections - Proposed Text

SMCS Elections - Initial Statement of Reasons

Status of Proposed Rulemaking: Regulation Changes related to Transfer of SMCS to PERB

Senate Bill 1038 (Statutes of 2012, Chapter 46) transferred the State Mediation and Conciliation Service from the Department of Industrial Relations (DIR) to PERB. In part, Senate Bill 1038 provides, at Government Code section 3603(c), that “The regulations of the Director of Industrial Relations at Subchapter 2.2 (Sections 15800 to 15875.1, inclusive) and Subchapter 7 (Section 17300) of Chapter 8 of Division 1 of Title 8 of the California Code of Regulations shall remain in effect and shall be deemed to be regulations of the Public Employment Relations Board.” The regulations identified in Government Code section 3603(c) address, respectively, representation procedures for those transit districts that are not subject to the MMBA, and the current reimbursement for services policy of SMCS.

This rulemaking effort makes necessary changes simply to reflect the transfer of responsibility from the DIR Director to PERB and to update/correct statutory references. The only substantive change, other than those required by enactment of Senate Bill 1038, concerns the elimination of charges by SMCS for the conduct of representation (certification, decertification, etc.) elections, card check procedures, and agency shop elections.a public hearing on December 13, 2012, concerning the proposed changes. At the December meeting, the Board voted to adopt the changes as proposed. The final regulation package was filed with the Office of Administrative Law on February 1, 2013. On March 18, 2013, the Office of Administrative Law approved the rulemaking file and submitted the file to the Secretary of State. These regulation changes will be effective July 1, 2013.

Below is a link to the final regulation text as approved by the Office of Administrative Law.

Final Text

Status of Proposed Rulemaking: General Regulation Changes

The changes included in this regulation package fall generally into one of the following subject categories: (1) Filing and service of documents; (2) maintenance of a list of arbitrators; (3) appointment of factfinding chairpersons under the Higher Education Employer-Employee Relations Act; (4) Board decisions; (5) Board policy on expediting cases; (6) unfair practice charge processing; and (7) recognition petition procedures under the Meyers-Milias-Brown Act.

The Board held a public hearing on December 13, 2012, concerning the proposed changes. At the December meeting, the Board voted to adopt the changes as proposed. The final regulation package was filed with the Office of Administrative Law on February 1, 2013. On March 18, 2013, the Office of Administrative Law approved the rulemaking file and submitted the file to the Secretary of State. These regulation changes will be effective July 1, 2013.

Below is a link to the final regulation text as approved by the Office of Administrative Law.

Final Text