News

STATUS OF PROPOSED RULEMAKING: IN-HOME SUPPORTIVE SERVICES EMPLOYER-EMPLOYEE RELATIONS ACT

On December 6, 2013, PERB transmitted emergency In-Home Supportive Services Employer-Employee Relations Act (IHSSEERA) regulation text directly to the Secretary of State. Upon filing with the Secretary of State, the emergency regulations became effective, commencing a 180-day period for PERB to substantially comply with and complete the Certificate of Compliance rulemaking process.

On February 13, 2014, the Board authorized the commencement of the rulemaking process in order to develop permanent IHSSEERA regulations. The Board provided to interested persons a written comment period, which closed on April 14, 2014. The Board conducted a public hearing on April 17, 2014, and authorized PERB to continue with this rulemaking action. On May 29, 2014, PERB filed its Certificate of Compliance Rulemaking File with the Office of Administrative Law (OAL) as a File & Print Only filing. On July 10, 2014, OAL approved the rulemaking file and submitted the file to the Secretary of State, effective on filing.

Below is a link to the final regulation text as approved by OAL.

2014-0529-01FP OAL Final Approval

Notice of Proposed Rulemaking: In-Home Supportive Services Employer-Employee Relations Act

With the enactment of Senate Bill 1036 (Chapter 45, Statutes of 2012), as amended by Assembly Bill 1471 (Chapter 439, Statutes of 2012), PERB is responsible for the administration and enforcement of the In-Home Supportive Services Employer-Employee Relations Act (IHSSEERA). In order to address these responsibilities, PERB conducted an emergency rulemaking process, which included: participation from interested persons, public hearings, a written comment period, and Board approval. The culmination of that process was PERB’s transmission of the emergency regulation text directly to the Secretary of State for filing on December 6, 2013. Upon filing with the Secretary of State, the emergency regulations became effective.

On February 13, 2014, the Board authorized the commencement of the rulemaking process in order to develop permanent IHSSEERA regulations.

As stated in the Notice of Proposed Rulemaking, the Board will hold a public hearing at 10:00 a.m., on April 17, 2014, 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 April 14, 2014. Submit written comments to:

Kent Morizawa, Regional Attorney
Public Employment Relations Board
700 N. Central Avenue, Suite 200
Glendale, CA 92103
(818) 551-2807
FAX: (818) 551-2820
E-mail: kmorizawa@perb.ca.gov

or

Jonathan Levy, Regional Attorney
Public Employment Relations Board
1031 18th Street
Sacramento, CA 95811
(916) 327-8387
FAX: (916) 327-6377
E-mail: jlevy@perb.ca.gov

Proposed Rulemaking
Proposed Text
Initial Statement of Reasons
CalHR Written Comment - IHSSEERA Regulations

In-Home Supportive Services Employer-Employee Relations Act: February 13, 2014 Board Meeting, Seeking Authorization to Commence Rulemaking and File Notice of Rulemaking

With the enactment of Senate Bill 1036 (Chapter 45, Statutes of 2012), as amended by Assembly Bill 1471 (Chapter 439, Statutes of 2012), PERB is responsible for the administration and enforcement of the In-Home Supportive Services Employer-Employee Relations Act (IHSSEERA). In order to address these responsibilities, PERB conducted an emergency rulemaking process, which included: participation from interested persons, public hearings, a written comment period, and Board approval. The culmination of that process was PERB’s transmission of the emergency regulation text directly to the Secretary of State for filing on December 6, 2013. Upon filing with the Secretary of State, the emergency regulations became effective.

On February 13, 2014, the Board will consider commencing with the rulemaking process to develop permanent IHSSEERA regulations. If authorized by the Board, PERB will file a Notice of Rulemaking package and provide notice to interested persons of this action and of the 45-day written comment period. The Board will hold a public hearing at 10:00 a.m., on April 17, 2014, in Room 103 of its headquarters building, located at 1031 18th Street, Sacramento, California.

Proposed Notice of Rulemaking material will be available at the February 13, 2014 meeting, or by request. If authorized to proceed, the authorized materials will be made available on this website.

Any questions or suggestions regarding the proposed action should be directed to:

Kent Morizawa or Jonathan Levy. (916) 322-3198.

In-Home Supportive Services Employer-Employee Relations Act: Emergency Regulation Text Effective December 6, 2013

With the enactment of Senate Bill 1036 (Chapter 45, Statutes of 2012), as amended by Assembly Bill 1471 (Chapter 439, Statutes of 2012), PERB is responsible for the administration and enforcement of the In-Home Supportive Services Employer-Employee Relations Act (IHSSEERA). In order to address these responsibilities, PERB conducted an emergency rulemaking process, which included: participation from interested persons, public hearings, a written comment period, and Board approval. The culmination of that process was PERB’s transmission of the emergency regulation text directly to the Secretary of State for filing on December 6, 2013. Upon filing with the Secretary of State, the emergency regulations became effective. Concurrent to the filing with the Secretary of State, PERB transmitted the emergency regulation text to the Office of Administrative Law, designating that filing as “Print only” in order to ensure that the California Code of Regulations was appropriately updated.

Below is a link to the emergency regulation text, effective December 6, 2013, as well as a Notice of Printing Only issued by the Office of Administrative Law indicating that the California Code of Regulations will be updated accordingly.

IHSSEERA Regulation Text
OAL Print of IHSSEERA Emergency Regulations to CCR

Notice of Proposed Emergency Rulemaking: In-Home Supportive Services Employer-Employee Relations Act

With the enactment of Senate Bill 1036 (Chapter 45, Statutes of 2012), as amended by Assembly Bill 1471 (Chapter 439, Statutes of 2012), PERB is responsible for the administration and enforcement of the In-Home Supportive Services Employer-Employee Relations Act (IHSSEERA).

With the enactment and subsequent amendment of IHSSEERA, PERB has statutory authority to adopt emergency regulations for the implementation of PERB’s responsibilities. In order to carry out PERB’s responsibilities, the Board proposes to adopt and amend PERB’s regulations, with the goal of having emergency IHSSEERA regulations in place by no later than January 1, 2014.

On October 24, 2013, PERB conducted a working group meeting of interested persons at PERB’s Headquarters—1031 18th Street, Sacramento, CA 95811—in Room 103.

Below is a link to the proposed emergency regulation text, Notice, and Finding of Emergency concerning IHSSEERA. The proposed emergency IHSSEERA regulation text will be presented to the Board itself at a Special Public Meeting on November 14, 2013.

Any interested person, or his authorAny interested person, or his authorized representative, may submit written comments relevant to the proposed regulatory action to PERB. The written comment period will close at 5:00 p.m. on November 12, 2013. Submit written comments to:

Jonathan Levy, Regional Attorney
Public Employment Relations Board
1031 18th Street Sacramento, CA 95811
(916) 327-8387
FAX: (916) 327-6377
E-mail: jlevy@perb.ca.gov

Proposed Text IHSSEERA.pdf
Notice of Proposed Regulatory Action IHSSEERA.pdf
Finding of Emergency for IHSSEERA Regulations.pdf
CalHR Written Comment Received during 5-day Comment Period
PERB response to CalHR comment

PERB Advisory Committee

PERB Advisory Committee Meeting - November 14, 2013 Agenda

Notice of Meeting of Working Group for Interested Persons: In-Home Supportive Services Employer-Employee Relations Act—October 24, 2013

With the enactment of Senate Bill 1036 (Chapter 45, Statutes of 2012), as amended by Assembly Bill 1471 (Chapter 439, Statutes of 2012), PERB is responsible for the administration and enforcement of the In-Home Supportive Services Employer-Employee Relations Act (IHSSEERA).

With the enactment and subsequent amendment of IHSSEERA, PERB has statutory authority to adopt emergency regulations for the implementation of PERB’s responsibilities. In order to carry out PERB’s responsibilities, the Board proposes to adopt and amend PERB’s regulations, with the goal of having emergency IHSSEERA regulations in place by January 1, 2014.

On October 24, 2013, PERB will convene a working group meeting of interested persons at PERB’s Headquarters—1031 18th Street, Sacramento, CA 95811—in Room 103, beginning at 11:00 a.m. Questions concerning this meeting or requests for a copy of the draft of proposed regulation text to be discussed by the working group may be directed to Regional Attorney Jonathan Levy at (916) 327-8387 or jlevy@perb.ca.gov.

A draft of the proposed emergency regulations concerning IHSSEERA will be available to the public below, no later than Monday, November 4, 2013. The proposed IHSSEERA regulations will be presented to the Board itself at a Special Public Meeting on November 14, 2013. Watch this space for the formal notice of this Special Public Meeting.

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

STATUS OF PROPOSED RULEMAKING: MMBA FACTFINDING SUFFICIENCY DETERMINATION APPEALS

The changes addressed by these regulations 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.

The Board held a public hearing on June 13, 2013, in Room 103 of its headquarters building, located at 1031 18th Street, Sacramento, California. At the June meeting, the Board voted to adopt the changes as proposed. The final regulation package was filed with the Office of Administrative Law on July 12, 2013. On August 22, 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 October 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: SMCS CONDUCTED REPRESENTATION AND AGENCY SHOP ELECTIONS

The changes addressed by these regulations 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 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.

The Board held a public hearing on June 13, 2013, in Room 103 of its headquarters building, located at 1031 18th Street, Sacramento, California. At the June meeting, the Board voted to adopt the changes as proposed. The final regulation package was filed with the Office of Administrative Law on July 12, 2013. On August 19, 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 October 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: 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