Administration - Higher Education Employer-employee Relations - Government - CA

Section § 3563

The Public Employment Relations Board manages this chapter and has several important roles. It decides how to handle disputes about representation units and whether certain subjects can be discussed during negotiations. The board also organizes secret ballot elections for representation and certifies the results. It creates lists of qualified individuals to act as mediators or arbitrators, and sets up procedures for changing unit determinations. The board can adopt rules and regulations to help achieve the chapter's goals. It conducts hearings, can issue subpoenas, and investigates unfair practices, with the power to enforce decisions in court. The board can delegate tasks but keeps key decisions for at least two members. Additionally, it handles matters of employee organization recognition and resolves issues arising from mergers or jurisdiction transfers between employee groups.

Finally, the board can take other actions it finds necessary to fulfill its duties and the purpose of the chapter.

This chapter shall be administered by the Public Employment Relations Board. In administering this chapter the board shall have all of the following rights, powers, duties and responsibilities:

(a) To determine in disputed cases, or otherwise approve, appropriate units.

(b) To determine in disputed cases whether a particular item is within or without the scope of representation.

(c) To arrange for and supervise representation elections which shall be conducted by means of secret ballot elections, and to certify the results of the elections.

(d) To establish lists of persons broadly representative of the public and qualified by experience to be available to serve as mediators, arbitrators, or factfinders.

(e) To establish by regulation appropriate procedures for review of proposals to change unit determinations.

(f) To adopt, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2, rules and regulations to carry out the provisions and effectuate the purposes and policies of this chapter.

(g) To hold hearings, subpoena witnesses, administer oaths, take the testimony or deposition of any person, and, in connection therewith, to issue subpoenas duces tecum to require the production and examination of any employer’s or employee organization’s records, books, or papers relating to any matter within its jurisdiction, except for those records, books, or papers confidential under statute. Notwithstanding Section 11425.10, Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 does not apply to a hearing by the board under this section, except a hearing to determine an unfair practice charge.

(h) To investigate unfair practice charges or alleged violations of this chapter, and to take any action and make any determinations in respect of these charges or alleged violations as the board deems necessary to effectuate the policies of this chapter.

(i) To bring an action in a court of competent jurisdiction to enforce any of its orders, decisions or rulings or to enforce the refusal to obey a subpoena. Upon issuance of a complaint charging that any person has engaged in or is engaging in an unfair practice, the board may petition the court for appropriate temporary relief or restraining order.

(j) To delegate its powers to any member of the board or to any person appointed by the board for the performance of its functions, except that no fewer than two board members may participate in the determination of any ruling or decision on the merits of any dispute coming before it and except that a decision to refuse to issue a complaint shall require the approval of two board members.

(k) To decide contested matters involving recognition, certification, or decertification of employee organizations.

(l) To consider and decide issues relating to rights, privileges, and duties of an employee organization in the event of a merger, amalgamation, or transfer of jurisdiction between two or more employee organizations.

(m) To take any other action as the board deems necessary to discharge its powers and duties and otherwise to effectuate the purposes of this chapter.

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Section § 3563.1

If someone intentionally tries to stop or disrupt board members or their agents from doing their job under this chapter, they're committing a misdemeanor. If they're found guilty, they could be fined up to $1,000.

Any person who shall willfully resist, prevent, impede or interfere with any member of the board, or any of its agents, in the performance of duties pursuant to this chapter, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of not more than one thousand dollars ($1,000).

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Section § 3563.2

This section explains that any issues concerning unfair practices must be initially assessed by the board, who will decide if the charges are valid and what action should be taken. The board is responsible for creating the procedures for how these cases are investigated and resolved.

(a) Employees, their organizations, or employers can file charges of unfair practices, but if the incident happened more than six months before the charge was filed, the board won't issue a complaint.

(b) The board can't enforce agreements between parties, meaning they won't handle complaints that are purely about breaking agreements unless they also count as unfair practices under the law.

The initial determination as to whether the charges of unfair practices are justified, and, if so, what remedy is necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the board. Procedures for investigating, hearing, and deciding these cases shall be devised and promulgated by the board.

(a) Any employee, employee organization, or employer shall have the right to file an unfair practice charge, except that the board shall not issue a complaint in respect of any charge based upon an alleged unfair practice occurring more than six months prior to the filing of the charge.

(b) The board shall not have authority to enforce agreements between the parties, and shall not issue a complaint on any charge based on alleged violation of such an agreement that would not also constitute an unfair practice under this chapter.

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Section § 3563.3

This law gives the board authority to stop unfair practices and require actions to fix them, like rehiring employees. However, in cases involving illegal strikes, the board can't award damages for strike preparation costs or for any losses during or resulting from the strike.

The board shall have the power to issue a decision and order directing an offending party to cease and desist from the unfair practice and to take such affirmative action, including, but not limited to, the reinstatement of employees with or without back pay, as will effectuate the policies of this chapter, except that in an action to recover damages due to an unlawful strike, the board shall have no authority to award strike-preparation expenses as damages, and shall have no authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike.

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Section § 3563.5

This law states that if an administrative law judge has made a decision about recognizing or certifying a union or employee organization and someone appeals that decision, the board has 180 days to override it. If the board doesn't make a decision in that time, the judge's decision becomes final.

Notwithstanding any other law, if a decision by an administrative law judge regarding the recognition or certification of an employee organization as described in subdivision (k) of Section 3563 is appealed, the decision shall be deemed the final order of the board if the board does not issue a ruling that supersedes the decision on or before 180 days after the appeal is filed.

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