reglab/housing_qa huggingface dataset:
CA Govt Code § 71636.3 (2021)
2021 California Code|Government Code - GOV|TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS|CHAPTER 7 - Trial Court Employment Protection and Governance Act|ARTICLE 3 - Labor Relations|Section 71636.3.

71636.3.  (a) Unit determinations and representation elections shall be determined and processed in accordance with rules adopted by a trial court in accordance with this chapter. In a representation election, a majority of the votes cast by the employees in the appropriate bargaining unit shall be required.(b) Notwithstanding subdivision (a) and rules adopted by a trial court pursuant to Section 71636, a bargaining unit in effect as of January 1, 2002, shall continue in effect unless changed under the rules adopted by the trial court pursuant to Section 71636.(c) A trial court shall grant exclusive or majority recognition to an employee organization based on a signed petition, authorization cards, or union membership cards showing that a majority of the employees in an appropriate bargaining unit desire the representation, unless another labor organization has previously been lawfully recognized as exclusive or majority representative of all or part of the same unit. Exclusive or majority representation shall be determined by a neutral third party, selected by the trial court and the employee organization, who shall review the signed petition, authorization cards, or union membership cards to verify the exclusive or majority status of the employee organization. If the trial court and the employee organization cannot agree on a neutral third party, the California State Mediation and Conciliation Service shall be the neutral third party and shall verify the exclusive or majority status of the employee organization. If the neutral third party determines, based on a signed petition, authorization cards, or union membership cards, that a second labor organization has the support of at least 30 percent of the employees in the unit in which recognition is sought, the neutral third party shall order an election to establish which labor organization, if any, has majority status.(Amended by Stats. 2012, Ch. 46, Sec. 73. (SB 1038) Effective June 27, 2012.)
CA Govt Code § 71637 (2021)
2021 California Code|Government Code - GOV|TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS|CHAPTER 7 - Trial Court Employment Protection and Governance Act|ARTICLE 3 - Labor Relations|Section 71637.

71637.  (a) For purposes of this article, professional employees shall not be denied the right to be represented separately from nonprofessional employees by a professional employee organization consisting of those professional employees. In the event of a dispute on the appropriateness of a unit of representation for professional employees, upon request of any of the parties, the dispute shall be submitted to the California State Mediation and Conciliation Service for mediation or for recommendation for resolving the dispute.(b) For the purpose of this section, “professional employees” means employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including, but not limited to, attorneys.(Amended by Stats. 2012, Ch. 46, Sec. 74. (SB 1038) Effective June 27, 2012.)
CA Govt Code § 71637.1 (2021)
2021 California Code|Government Code - GOV|TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS|CHAPTER 7 - Trial Court Employment Protection and Governance Act|ARTICLE 3 - Labor Relations|Section 71637.1.

71637.1.  For purposes of this article, in addition to those rules and regulations that a trial court may adopt pursuant to, and in the same manner as set forth in, Section 71636, any trial court may adopt reasonable rules and regulations providing for designation of the management and confidential employees of the trial court and restricting those employees from representing any employee organization that represents other employees of the trial court, on matters within the scope of representation. Except as specifically provided otherwise in this article, this section does not otherwise limit the right of employees to be members of, and to hold office in, an employee organization.(Amended by Stats. 2001, Ch. 270, Sec. 8. Effective January 1, 2002.)
CA Govt Code § 71638 (2021)
2021 California Code|Government Code - GOV|TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS|CHAPTER 7 - Trial Court Employment Protection and Governance Act|ARTICLE 3 - Labor Relations|Section 71638.

71638.  A trial court employee shall have the right to authorize, and the trial court employer shall honor, a dues deduction from his or her salary or wages as provided in Section 1152, 1153, 1157.1, 1157.2, 1157.3, 1157.4, 1157.5, or 1157.7.(Amended by Stats. 2018, Ch. 53, Sec. 37. (SB 866) Effective June 27, 2018.)
CA Govt Code § 71639 (2021)
2021 California Code|Government Code - GOV|TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS|CHAPTER 7 - Trial Court Employment Protection and Governance Act|ARTICLE 3 - Labor Relations|Section 71639.

71639.  (a) As of the implementation date of this chapter, an employee organization that is recognized as a representative of a group of trial court employees or the exclusive representative of an established bargaining unit of trial court employees, either by the county or the trial court, shall continue to be recognized by the trial court as a representative or the exclusive representative of the same trial court employees. A trial court and recognized employee organization shall be bound by the terms of any memorandum of understanding or agreement covering trial court employees to which the trial court or the county is a party that is in effect on the implementation date of this chapter for the duration thereof, or until it expires and, consistent with law, is replaced by a successor memorandum of understanding or agreement, subject to the obligation to meet and confer in good faith. Upon expiration of a memorandum of understanding or agreement, the trial court shall meet and confer in good faith with recognized employee organizations.(b) A trial court’s local rules governing trial court employees and a trial court’s personnel rules, policies, and practices, and any county rules in effect pursuant to former Rule 2205 of the California Rules of Court as adopted on April 23, 1997, in effect at the time of the implementation date of this chapter, to the extent they are not contrary to or inconsistent with the obligations and duties provided for in this article, shall continue in effect until changed by the trial court. Prior to changing any rule, policy, or practice that affects any matter within the scope of representation as set forth in this article, the court shall meet and confer in good faith with the recognized employee organization as provided for in this chapter.(c) Nothing contained in this article is intended to preclude trial court employees from continuing to be included in representation units which contain county employees.(Amended by Stats. 2007, Ch. 130, Sec. 138. Effective January 1, 2008.)
CA Govt Code § 71639.1 (2021)
2021 California Code|Government Code - GOV|TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS|CHAPTER 7 - Trial Court Employment Protection and Governance Act|ARTICLE 3 - Labor Relations|Section 71639.1.

71639.1.  (a) As used in this article, “board” means the Public Employment Relations Board established pursuant to Section 3541.(b) The powers and duties of the board described in Section 3541.3 shall also apply, as appropriate, to this article and shall include the authority as set forth in subdivisions (c) and (d). Included among the appropriate powers of the board are the power to order elections, to conduct any election the board orders, and to adopt rules to apply in areas where a trial court has no rule.(c) A complaint alleging any violation of this article or of any rules and regulations adopted by a trial court pursuant to Section 71636 shall be processed as an unfair practice charge by the board. The initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of this article, shall be a matter within the exclusive jurisdiction of the board, 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. The board shall apply and interpret unfair labor practices consistent with existing judicial interpretations of this article and Section 71639.3. 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, except that if the rules and regulations adopted by a trial court require exhaustion of a remedy prior to filing an unfair practice charge or the charging party chooses to exhaust a trial court’s remedy prior to filing an unfair practice charge, the six-month limitation set forth in this subdivision shall be tolled during such reasonable amount of time it takes the charging party to exhaust the remedy, but nothing herein shall require a charging party to exhaust a remedy when that remedy would be futile.(d) The board shall enforce and apply rules adopted by a trial court concerning unit determinations, representation, recognition, and elections.(e) This section does not apply to employees designated as management employees under Section 71637.1.(f) The board shall not find it an unfair practice for an employee organization to violate a rule or regulation adopted by a trial court if that rule or regulation is itself in violation of this article.(Amended by Stats. 2011, Ch. 539, Sec. 5. (SB 857) Effective January 1, 2012.)
CA Govt Code § 71639.15 (2021)
2021 California Code|Government Code - GOV|TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS|CHAPTER 7 - Trial Court Employment Protection and Governance Act|ARTICLE 3 - Labor Relations|Section 71639.15.

71639.15.  Notwithstanding any other law, if a decision by an administrative law judge regarding the recognition or certification of an employee organization 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.(Added by Stats. 2011, Ch. 242, Sec. 5. (SB 609) Effective January 1, 2012.)
CA Govt Code § 71639.2 (2021)
2021 California Code|Government Code - GOV|TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS|CHAPTER 7 - Trial Court Employment Protection and Governance Act|ARTICLE 3 - Labor Relations|Section 71639.2.

71639.2.  The enactment of this article shall not be construed as making Section 923 of the Labor Code applicable to trial court employees.(Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
CA Govt Code § 71639.3 (2021)
2021 California Code|Government Code - GOV|TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS|CHAPTER 7 - Trial Court Employment Protection and Governance Act|ARTICLE 3 - Labor Relations|Section 71639.3.

71639.3.  Trial courts and trial court employees are not covered by Chapter 10 (commencing with Section 3500) of Division 4 of Title 1, or any subsequent changes to these sections except as provided in this article. However, where the language of this article is the same or substantially the same as that contained in Chapter 10 (commencing with Section 3500) of Division 4 of Title 1, it shall be interpreted and applied in accordance with the judicial interpretations of the same language.(Amended by Stats. 2004, Ch. 227, Sec. 69. Effective August 16, 2004.)
CA Govt Code § 71639.5 (2021)
2021 California Code|Government Code - GOV|TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS|CHAPTER 7 - Trial Court Employment Protection and Governance Act|ARTICLE 3 - Labor Relations|Section 71639.5.

71639.5.  (a) Any written agreements reached through negotiations held pursuant to this article are binding upon the parties, upon adoption under Section 71634.3, and, notwithstanding Sections 1085 and 1103 of the Code of Civil Procedure requiring the issuance of a writ to an inferior tribunal, any of those agreements may be enforced by petitioning the superior court for relief pursuant to Section 1085 or 1103 of the Code of Civil Procedure.(b) Written agreements reached through negotiations held pursuant to this article that contain provisions requiring the arbitration of controversies arising out of the agreement shall be subject to enforcement under Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure.(c) The Judicial Council shall adopt rules of court that shall provide a mechanism for the establishment of a panel of court of appeal justices who shall be qualified to hear petitions under Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure, and writ applications under Sections 1085 and 1103 of the Code of Civil Procedure, and as specified in those rules, from which a single justice shall be assigned to hear the matter in the superior court. The rules of court shall provide that these matters shall be heard in the superior court, and to the extent permitted by law, shall provide that any justice assigned to hear the matter in the superior court shall not be from the court of appeal district in which the action is filed, and shall further provide that appeals in such matters shall be heard in the court of appeal district where the matter was filed.(Added by Stats. 2004, Ch. 227, Sec. 71. Effective August 16, 2004.)
CA Govt Code § 71640 (2021)
2021 California Code|Government Code - GOV|TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS|CHAPTER 7 - Trial Court Employment Protection and Governance Act|ARTICLE 4 - Employment Selection and Advancement|Section 71640.

71640.  (a) As of the implementation date of this chapter, each trial court shall establish a trial court employment selection and advancement system which shall become the minimum selection and advancement system for all trial court employees and shall become part of the sole trial court employee personnel system. The trial court employment selection and advancement system shall replace any county employment selection and advancement systems applying to trial court employees prior to the implementation date as provided in this article, except as otherwise specified in this article. This article establishes minimum standards, and each trial court employment selection and advancement system shall, at a minimum, conform to the requirements of this article.(b) Until such time as a trial court establishes a trial court employment selection and advancement system as provided in this article, the minimum standards required pursuant to this article shall be the trial court employment selection and advancement system.(Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
CA Govt Code § 71641 (2021)
2021 California Code|Government Code - GOV|TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS|CHAPTER 7 - Trial Court Employment Protection and Governance Act|ARTICLE 4 - Employment Selection and Advancement|Section 71641.

71641.  Each trial court shall develop personnel rules regarding hiring, promotion, transfer, and classification. Trial courts shall meet and confer in good faith with representatives of the recognized employee organizations on those rules that cover matters within the scope of representation. However, nothing in this article is intended to expand the definition of matters within the scope of representation, as defined in Section 71634.(Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
CA Govt Code § 71642 (2021)
2021 California Code|Government Code - GOV|TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS|CHAPTER 7 - Trial Court Employment Protection and Governance Act|ARTICLE 4 - Employment Selection and Advancement|Section 71642.

71642.  Hiring and promotion within a trial court shall be done in a nondiscriminatory manner based on job-related factors. Trial court personnel rules shall meet the following minimum standards:(a) Recruiting, selecting, transferring, and advancing employees shall be on the basis of their relative ability, knowledge, and skills. Initial appointment shall be through an open, competitive process. Preference shall be given to internal candidates.(b) Formal job-related selection processes are required when filling positions.(c) Each trial court shall have an equal employment opportunity policy applying to all applicants and employees in accordance with applicable state and federal law.(Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
CA Govt Code § 71643 (2021)
2021 California Code|Government Code - GOV|TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS|CHAPTER 7 - Trial Court Employment Protection and Governance Act|ARTICLE 4 - Employment Selection and Advancement|Section 71643.

71643.  (a) The following positions are excluded from the competitive selection and promotion processes required by Section 71642:(1) Subordinate judicial officers.(2) Managerial, confidential, temporary, and limited-term positions in accordance with a trial court’s personnel policies, procedures, or plans, subject to meet and confer in good faith.(b) If managerial, confidential, temporary, and limited-term positions are defined for the purposes of competitive selection and promotion processes within a trial court as of the implementation date of this chapter, then that definition shall be maintained for those purposes until changed subject to meet and confer in good faith. If managerial, confidential, temporary, and limited-term positions are not defined for the purposes of competitive selection and promotion processes within a trial court as of the implementation date of this chapter, then the adoption of any such definition by the trial court shall be subject to meet and confer in good faith.(c) The exclusion of managerial, confidential, temporary, and limited term positions from required competitive selection and promotion processes shall not affect the employees’ right to representation.(d) Permanent or regular employees who assume limited term appointments or assignments to other positions or classes shall retain their permanent or regular status during and upon expiration of the limited term appointment or assignment.(Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
CA Govt Code § 71644 (2021)
2021 California Code|Government Code - GOV|TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS|CHAPTER 7 - Trial Court Employment Protection and Governance Act|ARTICLE 4 - Employment Selection and Advancement|Section 71644.

71644.  Disputes between a trial court and its employees regarding the alleged misapplication, misinterpretation, or violation of the trial court’s rules enacted pursuant to Sections 71641 and 71642 governing hiring, promotion, transfer, and classification shall be resolved by binding arbitration.(Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
CA Govt Code § 71645 (2021)
2021 California Code|Government Code - GOV|TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS|CHAPTER 7 - Trial Court Employment Protection and Governance Act|ARTICLE 4 - Employment Selection and Advancement|Section 71645.

71645.  (a) On and after the implementation date of this chapter, this article shall become the employment, selection, and advancement system for all trial court employees within a trial court and shall become part of the sole trial court employee system, replacing any aspects of county employment, selection, and advancement systems applying to trial court employees prior to the implementation date of this chapter.(b) Except as provided in subdivision (c), the implementation date of this chapter for each trial court shall be the effective date of this chapter.(c) The representatives of the trial court and representatives of recognized employee organizations may mutually agree to a different implementation date.If the provisions in this article are governed by an existing memorandum of understanding or agreement covering trial court employees, as to such provisions, the implementation date shall be either the date a successor memorandum of understanding or agreement is effective or, if no agreement for a successor memorandum of understanding or agreement is reached, 90 days from the date of the expiration of the predecessor memorandum of understanding or agreement, unless representatives of the trial court and representatives of recognized employee organizations mutually agree otherwise.(Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)
CA Govt Code § 71650 (2021)
2021 California Code|Government Code - GOV|TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS|CHAPTER 7 - Trial Court Employment Protection and Governance Act|ARTICLE 5 - Employment Protection System|Section 71650.

71650.  (a) As of the implementation date of this article, as provided in Section 71658, each trial court shall establish a trial court employment protection system that shall become the minimum employment protection system for all trial court employees and shall become part of the sole trial court employee personnel system. The trial court employment protection system shall replace any county employment protection systems applying to trial court employees prior to the implementation date provided in Section 71658, except as otherwise specified in this article. This article establishes minimum standards, and each trial court employment protection system shall, at a minimum, conform to the requirements of this article.(b) Nothing in this article shall preclude the establishment of enhanced employment protection systems pursuant to trial court personnel policies, procedures, or plans subject to meet and confer in good faith.(c) Nothing in this article shall be construed to provide, either explicitly or implicitly, a civil cause of action for breach of contract either express or implied arising out of a termination of employment.(d) Except as specified in subdivisions (b) and (c), this article shall not apply to either of the following categories of trial court employees:(1) Subordinate judicial officers.(2) Managerial, confidential, temporary, limited term, and probationary employees, unless included within the trial court employment protection system in accordance with trial court personnel policies, procedures, or plans subject to meet and confer in good faith.(Amended by Stats. 2001, Ch. 270, Sec. 10. Effective January 1, 2002.)
CA Govt Code § 71651 (2021)
2021 California Code|Government Code - GOV|TITLE 8 - THE ORGANIZATION AND GOVERNMENT OF COURTS|CHAPTER 7 - Trial Court Employment Protection and Governance Act|ARTICLE 5 - Employment Protection System|Section 71651.

71651.  (a) The trial court employment protection system in each trial court shall include progressive discipline, as defined by each trial court’s personnel policies, procedures, or plans, subject to meet and confer in good faith. Except for layoffs for organizational necessity as provided for in Section 71652, discipline, up to and including termination of employment, shall be for cause.(b) For purposes of this section, “for cause” means a fair and honest cause or reason, regulated by good faith on the part of the party exercising the power.(Added by Stats. 2000, Ch. 1010, Sec. 14. Effective January 1, 2001.)