News Archives

PERB Fiscal Year in Review 2018-19

The Public Employment Relations Board closed out a productive 2018-19 fiscal year having built tremendous momentum heading into 2019-20. The Board issued 92 decisions, the most since FY 2010-11, despite not having a fifth board member for the year and only having three members for a brief period. The Board’s docket, now at 45 total cases (down from the mid-80s last year at this time) reflects their hard work.

The expiration of Board Member Priscilla Winslow’s term in December led to a fresh face in February as Governor Gavin Newsom appointed Lou Paulson to the Board. With Member Paulson’s appointment, only one vacancy remains on the Board.

Recent investments by the Administration and Legislature have proven very meaningful. An additional twelve staff were supported by the budget. This created a positive impact on the Office of General Counsel, Administrative Law Division, and the Board. Case processing times at the Office of General Counsel has improved. Investment in mediation training for PERB regional attorneys has resulted in more cases settled early in the process. Appeals of administrative law judge (ALJ) proposed decisions to the Board are down and settlements are up. As mentioned above, the Board’s docket is down significantly – in part due to the additional Board attorney authorized as part of recent budget augmentations. Staffing increases have also allowed the Office of General Counsel to better manage increased workloads from requests for injunctive relief and litigation.

PERB continues to make progress implementing components of the Case Processing Efficiency Initiative. Several regulatory changes are at various stages of development thanks to the hard work of PERB staff and valuable input from stakeholders. In addition to the Efficiency Initiative, PERB continues to seek ways to streamline processes and operations.

While the core service provided by the Division of State Mediation and Conciliation Service (SMCS) is mediation of public sector contract disputes, PERB mediators are also skilled and experienced trainers. SMCS offers several trainings available in two- and four-hour workshop formats or full one and two-day programs with topics such as full Interest-Based Bargaining, hybrid Traditional/Interest-Based Bargaining, Joint Labor Management Committees, Managing Conflict in the Workplace, and more. Additionally, SMCS has recently established a decision bank for SMCS-adjudicated public transit cases, all the way back to the earliest case records available when the Division was under the Department of Industrial Relations.

Staffing and the associated budget augmentations proved to be a challenge that PERB’s Division of Administration successfully met. The staff navigated through the control agency processes to obtain the funding; then kicked into overdrive to absorb the impact of a growing program and carry out recruitment and onboarding of fifteen newly created positions. Additional accomplishments include working with facility lease renewal challenges and several informational technology improvements that are in progress or completed with a goal of improving operations and services to constituents. Some of these include adding audio-visual capability, replacing an antiquated phone system, improving Web page accessibility, and an upcoming online case filing and tracking system (ePERB).

PERB looks forward to an ambitious 2019-20 with continued work implementing the Case Processing Initiative recommendations, and an increased focus on transparency and collaboration with our stakeholders. Stay tuned for additional detail on these achievements and more in the 2018-19 Annual Report, due out in October 2019. Past Annual Reports can be found at: https://perb.ca.gov/AnnualReports.aspx


Childcare Provider Organizations

On July 1, 2019, Governor Newsom signed Senate Bill 75, which requires PERB to pre-determine whether an entity seeking to represent childcare providers qualifies as a Provider Organization, as defined. For this purpose, PERB created an application that entities seeking Provider Organization status may submit to PERB. Please see the attachment below to use the application. Questions regarding access to the application please call (916) 322-3198.


PUC Transit Decisions Now Available for Reference – SMCS

PUC Transit decisions related to unit and representation matters falling under the State Mediation and Conciliation Service for adjudication are now available under the SMCS tab: https://www.perb.ca.gov/csmcs/public-transit-decisions.aspx
These decisions have been gathered from files in SMCS’ possession during the years prior to July 1, 2012, when SMCS was under the Department of Industrial Relations; from records made available by practitioners; from records collected for research purposes by PERB; and from SMCS cases that have been decided since its transfer to PERB. They have been cataloged chronologically, beginning with this initial upload into the PERB Decision Bank. Decisions may be missing pages or attachments. If you are aware of other decisions issued by SMCS for the years prior to July 1, 2012 that involve PUC Transit representation or unit matters that are not included, please submit their titles or the decisions themselves (if you have them) to SMCS at the following email address: smcsinfo@perb.ca.gov, or by regular mail to SMCS, 1031 18th Street, Sacramento, CA 95811-4124.


NOTICE OF PROPOSED RULEMAKING: the Public Employee Communication Chapter (Gov. Code sections 3555-3559); the Prohibition on Public Employers Deterring or Discouraging Union Membership (Gov. Code sections 3550-3553); Amendment of Regulation 32320 Concerning Precedential Board Decisions

The Board will hold a public hearing at 10:00 a.m., on July 30, 2019, 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 July 30, 2019. Submit written comments to: Sheena J. Farro, Regional Attorney, Public Employment Relations Board, 1031 18th Street, Sacramento, CA 95811. Phone: (916) 322-3198, FAX: (916) 327-6377, E-mail: sfarro@perb.ca.gov


Comments on Proposed Regulation Packages - June 13, 2019




PERB Invites Comment on Multiple Proposed Regulation Packages - June 13, 2019

The Board invites members of the public to comment on draft proposed regulations. Members of the public may comment orally during PERB’s regularly scheduled Board meeting of June 13, 2019, or in writing prior to or during the meeting.

Please send comments to the Board care of Kristina Gonzalez, Assistant to the Board. Please either send comments by email to Kristina.gonzalez@perb.ca.gov, or have a hard copy delivered to Ms. Gonzalez’s attention at PERB’s Sacramento office. There is no need to provide comments via both email and hard copy. While it is also possible to bring written comments to the June 13th meeting, it would be extremely helpful to provide written comments in advance.

The Board will be considering the following proposed changes to regulations:

Exceptions Regulations: Draft proposed revisions to existing regulations governing parties’ exceptions to proposed decisions and responses thereto.

Recusal Regulation: Draft proposed revisions to existing regulations governing recusal of PERB personnel.

Regulations on Subpoenas, Motions, and Authority of Board Agents: Draft proposed revisions to existing regulations governing subpoenas, motions, and authority of Board agents.

Regulations on Filing Requirements: Draft proposed revisions to existing regulations governing filings. Such regulations, if approved, would not take effect until PERB’s new efiling system is operational.

SMCS Regulations: Draft proposed revisions to existing regulations governing the Division of State Mediation and Conciliation.



Proposed Changes to Exceptions Regulatory Text - April 11, 2019

The Office of the General Counsel has prepared draft regulations that revise existing regulations covering parties’ exceptions to proposed decisions and responses thereto, for consideration by the Board. If authorized by the Board, the rulemaking package, including Notice of Proposed Rulemaking, Proposed Text, and Initial Statement of Reasons, will be filed with the Office of Administrative Law to initiate the formal rulemaking process.


JCEERA Proposed Changes to Regulatory Text - April 11, 2019

On October 15, 2017, Governor Brown signed Assembly Bill 83 (AB 83) (Chapter 835, Statutes of 2017), which established the Judicial Council Employer-Employee Relations Act (JCEERA). The Office of the General Counsel has prepared draft JCEERA regulations for consideration by the Board. If authorized by the Board, the rulemaking package, including Notice of Proposed Rulemaking, Proposed Text, and Initial Statement of Reasons, will be filed with the Office of Administrative Law to initiate the formal rulemaking process.


April Board Meeting at the PERB LA Regional Office

The April 11, 2019 Board Meeting will be held at 10:00 a.m. at the PERB Los Angeles Regional Office, 425 W Broadway, Suite 400, Room 401, Glendale, CA 91204.


LA Regional Office Closed 01/24/19 at 2 p.m.

On Thursday, January 24, 2019, PERB’s Los Angeles Regional Office will be closed for the day at 2:00 p.m. in order that our staff may attend the funeral services of Administrative Law Judge Kent Morizawa. Thank you for your understanding of this short interruption of service that we may honor the memory of our colleague and friend.


Appeals - New Fax Number

Effective immediately, the Appeals Office Fax number has been changed to (916) 327-9425. The Appeals Office phone number is (916) 322-8231.


Conciliator Vacancy Posting – State Mediation and Conciliation Service

We have a new posting for the position of Conciliator (Mediator) with the State Mediation and Conciliation Service for multiple vacancies. Eligible candidates must have taken the examination and be reachable, or have lateral or reinstatement eligibility. Please visit the weblinks below to be redirected to the examination or vacancy postings:

https://perb.ca.gov/news/docs/88/Conciliator Exam Bulletin.pdf

https://www.calcareers.ca.gov/CalHrPublic/Jobs/JobPosting.aspx?JobControlId=132934



PERB Announces Executive Director

The Board is pleased to announce that Joshua Golka will join PERB as Executive Director. For the full announcement see attachment below.


Advisory Committee Meeting October 11, 2018

Advisory Committee Meeting October 11,2018.


Proposed changes to Regulatory Text

Proposed regulations for consideration by the Board at its public meeting of October 11.


PERB PUBLIC MEETING SCHEDULE 2018-2019

PERB Public Meetings will be held on the following dates:

December 13, 2018
February 14, 2019
April 11, 2019
June 13, 2019
August 8, 2019
October 10, 2019
December 12, 2019

Please see attached for further information.


Now Accepting Online Payments

Beginning July 1, 2018, the Public Employment Relations Board will accept debit and credit card payments online for arbitrator lists, arbitrator annual fees, California Public Records Act (CPRA) requests, and administrative records.

The online payment link is located under “Quick Links”.



Payment of Dues and Fees – Legal Updates

On June 27, 2018, there were two developments relating to payment of dues and fees to a labor organization. The U.S. Supreme Court issued its decision in Janus v. AFSCME Council 3, and SB 866 was enacted into law. Per the provisions of SB 866, bargaining unit employees having questions about payment of dues or fees should consult with the labor organization that serves as their exclusive representative.


PECC Proposed Changes to Regulatory Text

On June 27, 2017, Governor Brown signed Assembly Bill 119 (AB 119) (Chapter 21, Statutes of 2017), which established the Public Employee Communication Chapter (PECC). The Office of the General Counsel has prepared draft PECC regulations for consideration by the Board. If authorized by the Board, the rulemaking package, including Notice of Proposed Rulemaking, Proposed Text, and Initial Statement of Reasons, will be filed with the Office of Administrative Law to initiate the formal rulemaking process.


Case Processing Initiative Recommendations

The Board took public comment at meetings in Sacramento and Glendale in March regarding process improvement recommendations included in the Public Employment Relations Board (PERB) Case Processing Efficiency Initiative Report (Report). At the conclusion of the meeting in Glendale, the Board directed PERB’s Division Managers to review the Report recommendations and prioritize those recommendations while considering both written and oral comments received at the public meetings from our constituents. The Board’s recommendations are in the report below.


Recruitment Opportunity - State Mediation and Conciliation Service

New – examination for the position of Conciliator (mediator) with the State Mediation and Conciliation Service – open continuous. Interested applicants review instructions and apply here by March 23, 2018 to take the exam for placement on the list of eligible candidates. Future vacancy announcements will be posted as they are to be filled with candidates selected for interviews from this list. (Please see the attached Examination Bulletin.)


Report and Written Comments Received - PERB Case Processing Efficiency Initiative

Please see the attached Report. Also attached are written comments which were received.


PERB PUBLIC MEETING SCHEDULE 2017-2018

PERB Public Meetings will be held on the following dates:

December 14, 2017
February 8, 2018
April 12, 2018
June 14, 2018
August 9, 2018
October 11, 2018
December 13, 2018

Please see the attached for further information.


PERB Case Processing Efficiencies Initiative Follow-up

Please see the attached.


UPDATED: Invitation to PERB Case Efficiencies Initiative Meetings

Please see the attached UPDATED Invitation which provides information regarding the date, location and time for these meetings. You are also asked to RSVP your attendance.

Thank you.


FAQ’s for Public Employee Communication Chapter of AB 119—Requesting Interest Arbitration and Filing PECC Charges

Please see the attached.


SAVE THESE DATES - PERB Case Processing Efficiencies Initiative Meetings

The Public Employment Relations Board (PERB) has started a Case Processing Efficiencies Initiative to look at ways to improve the processing of cases. PERB has contracted with Mission Consulting to facilitate a series of statewide meetings with PERB staff and external stakeholders to solicit ideas on how to streamline our current processes. Your participation and ingenuity are critical to our success. The Board will make final decisions on the details of the program at a Public Meeting scheduled for August 31, 2017. However, we wanted to give you advance notice of these meetings so that you could save the dates on your calendar. We are planning meetings in our Regional Offices throughout the state, so if you are interested in participating you can select the location most convenient to you. The dates that we would like you to hold are as follows:

Sacramento: September 21 (PERB Employees)
September 22 (External Stakeholders)

Glendale: September 27 (PERB Employees)
September 28 (External Stakeholders)

Oakland: October 4 (PERB Employees)
October 5 (External Stakeholders)

More details will be forthcoming as soon as possible. In the meantime, if you have any questions, please direct them to Regina Keith at RKeith@perb.ca.gov.


NAA - "Meet the Arbitrator" Conference, March 2017

The National Academy of Arbitrators is once again offering its one-day “Meet the Arbitrator” conference on Thursday, March 30, 2017, at the Elihu Harris State Building in Oakland, California. This event, co-sponsored by the State Mediation and Conciliation Service division of PERB, is both interesting and informative, providing a great opportunity for practitioners and advocates to learn the latest trends in workplace issues, how they’re being decided, and the analyses applied by prominent arbitrators. Lunch is included in the $100 registration fee. For more information, including registration, please download the flyer, or use the following link: http://www.meetthearbitrator.com






STATE MEDIATION AND CONCILIATION SERVICE HAS MOVED ITS OFFICE

Effective October 17, 2016, the State Mediation and Conciliation Service has moved its office from the San Francisco Regional Office in Oakland to PERB’s Headquarters in Sacramento. The new mailing address is SMCS, 1031 18th Street, Sacramento, CA 95811-4124. The new office telephone number is (916) 322-7638, and the fax number is (916) 327-7955. Email correspondence should continue to be directed to smcsinfo@perb.ca.gov.


*CONSTITUENT SURVEY*

Please assist us in improving services by completing the following:
(Survey period February 19 - April 6, 2015)

Survey Link



ADVISORY COMMITTEE MEETING - MARCH 5, 2015




NOTICE OF ORAL ARGUMENT

This is to advise that the Public Employment Relations Board will be conducting Oral Argument in San Bernardino County Public Attorneys Association v. County of San Bernardino Case Nos. LA-CE-431-M and Case No. LA-CE-554-M on October 30, 2014, at 2:00 p.m. at a specially 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. Questions concerning this notice may be directed to Regina Keith, Assistant to the Chair, at (916) 322-8226.

• Revised Notice of Oral Argument
• Notice of Oral Argument
• Proposed Decision (LA-CE-431-M)
• Proposed Decision (LA-CE-554-M)
• County of San Bernardino’s Statement of Exceptions (LA-CE-554-M)
• County of San Bernardino’s Brief in Support of Statement of Exceptions (LA- CE-554-M)
• County of San Bernardino’s Request for Oral Argument Regarding its Statement of Exceptions (LA-CE-554-M)
• County of San Bernardino’s Statement of Exceptions (LA-CE-431-M)
• County of San Bernardino’s Brief in Support of Statement of Exceptions (LA- CE-431-M)
• San Bernardino County Public Attorneys Association’s Response to Statement of Exceptions (LA-CE-431-M)
• San Bernardino County Public Attorneys Association’s Brief in Support of Statement of Exceptions (LA-CE-431-M)
• San Bernardino County Public Attorneys Association’s Response to County of San Bernardino’s Statement of Exceptions LA-CE-554-M

• County of San Bernardino's Petition to Share Time at Oral Argument.

• PERB's Response to County of San Bernardino's Petition to Share Allotted Time.

• San Bernardino County Public Attorneys Association's Statement of Supplemental Authority.

• County of San Bernardino's Objection to San Bernardino County Public Attorneys Association's Statement of Supplemental Authority.


• Below is a link to the documents noted above.






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.


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 425 W. Broadway, Suite 400 Glendale, CA 92104 (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


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.


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


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.


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.


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.


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.


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.


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