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State Mediation and Conciliation Service Transfer

With the enactment of Senate Bill 1038 (Chapter 46, Statutes of 2012), the State Mediation and Conciliation Service (SMCS) was transferred from the Department of Industrial Relations and established as a separate division within PERB. As a part of this legislation, a new statute titled “State Mediation and Conciliation Service” was enacted, and is found at Government Code, Title 1, Division 4.5, sections 3600 – 3616. This statute, in part, confirms that all powers, duties, and responsibilities of the Department of Industrial Relations (DIR) or DIR Director under Sections 19455 and 19604 of the Business and Professions Code, Section 89542.5 of the Education Code, Section 57031 of the Food and Agricultural Code, Sections 3502.5, 3507.1, 3507.3, 71632.5, 71636.1, 71636.3, 71637, 71802 to 71806, inclusive, and 71814 of the Government Code, and Sections 1164 and 2686 of the Labor Code are transferred to PERB. Senate Bill 1038 also amended the labor relations provisions of 17 public transit acts, covering transit districts that are not subject to the MMBA, to provide that the functions carried out by the SMCS with respect to mediation, resolution of unit disputes, and the conduct of representation elections, are also the responsibility of PERB. This change in the statutes does not, however, mean that PERB’s authority to adjudicate alleged unfair practices extends to parties covered by these 17 public transit acts*

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* The 17 public transit acts referenced above are: the Transit District Law (Alameda and Contra Costa Counties), Public Utilities Code, Section 24501 et seq.; Fresno Metropolitan Transit District Act of 1961, Public Utilities Code, Appendix 1, Section 1.1 et seq.; Golden Empire Transit District Act, Public Utilities Code, Section 101000 et seq.; Marin County Transit District Act of 1964, Public Utilities Code, Section 70000 et seq.; North County Transit District Act, Public Utilities Code, Section 125000 et seq.; Orange County Transit District Act of 1965, Public Utilities Code, Section 40000 et seq.; Sacramento Regional Transit District Act, Public Utilities Code, Section 102000 et seq.; San Diego County Transit District Act of 1965, Public Utilities Code, Section 90000 et seq.; Mills-Deddeh Transit Development Act, Public Utilities Code, Section 120000 et seq.; San Francisco Bay Area Rapid Transit District Act, Public Utilities Code, Section 28500 et seq.; San Mateo County Transit District Act, Public Utilities Code, Section 103000 et seq.; Santa Barbara Metropolitan Transit District Act of 1965, Public Utilities Code, Section 95000 et seq.; Santa Clara Valley Transportation Authority Act, Public Utilities Code, Section 100000 et seq.; Santa Cruz Metropolitan Transit District Act of 1967, Public Utilities Code, Section 98000 et seq.; Southern California Rapid Transit District Law, Public Utilities Code, Section 30000 et seq.; San Joaquin Regional Transit District Act, Public Utilities Code, Section 50000 et seq.; and West Bay Rapid Transit Authority Act, Public Utilities Code, Appendix B, Section 1.1 et seq.

DISCLAIMER

The Public Employment Relations Board maintains this web site to enhance public access to PERB’s information. This is a service that is continually under development. While we try to keep the information timely and accurate, we make no guarantees. We will make an effort to correct errors brought to our attention. Persons utilizing this site are encouraged to verify the text of statutes and regulations using official publications of the State of California.

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