reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 5 - Unfair Practice Proceedings › Section 32604 - Employee Organization Unfair Practices Under MMBA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It shall be an unfair practice for an employee organization
					 to do any of the following:
(a) Cause
				  or attempt to cause a public agency to engage in conduct prohibited by the MMBA
				  or by any local rule adopted pursuant to Government Code section
				  3507.
(b) Interfere with, intimidate, restrain,
				  coerce or discriminate against public employees because of their exercise of
				  rights guaranteed by Government Code section
				  3502 or by
				  any local rule adopted pursuant to Government Code section
				  3507.
(c) Refuse or fail to meet and confer in good
				  faith as required by Government Code section
				  3505 or by
				  any local rule adopted pursuant to Government Code section
				  3507.
(d) Fail to exercise good faith while
				  participating in any impasse procedure mutually agreed to pursuant to
				  Government Code section
				  3505 or
				  3505.2 or
				  required by the MMBA or any local rule adopted pursuant to Government Code
				  section
				  3507.
(e) In any other way violate MMBA or any
				  local rule adopted pursuant to Government Code section
				  3507.
1. New
					 section filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No.
					 24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 6-11-2001 order, including
					 amendment of section, transmitted to OAL 10-18-2001 and filed 12-4-2001
					 (Register 2001, No. 49).
3. Change without regulatory effect
					 amending NOTE filed 5-20-2002 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2002, No. 21).
4. Amendment of NOTE filed
					 4-11-2006; operative 5-11-2006 (Register 2006, No. 15).
5. Amendment
					 of subsection (d) and NOTE filed 12-29-2011 as an emergency; operative 1-1-2012
					 (Register 2011, No. 52). A Certificate of Compliance must be transmitted to OAL
					 by 6-29-2012 or emergency language will be repealed by operation of law on the
					 following day.
6. Certificate of Compliance as to 12-29-2011 order
					 transmitted to OAL 6-22-2012 and filed 7-30-2012 (Register 2012, No.
					 31).
Note: Authority cited: Sections
						3509(a)
						and
						3541.3(g),
						Government Code. Reference: Sections
						3502,
						3502.1,
						3502.5,
						3505,
						3505.2,
						3505.4,
						3505.5,
						3505.7,
						3506,
						3507 and
						3509,
						Government Code; and Firefighters Union, Local 1186 v. City of Vallejo (1974)
						12 Cal.3d 608.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 5 - Unfair Practice Proceedings › Section 32606 - Employer Unfair Practices Under Trial Court Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It shall be an unfair practice for a trial court to do any
					 of the following:
(a) Interfere with,
				  intimidate, restrain, coerce or discriminate against trial court employees
				  because of their exercise of rights guaranteed by Government Code section
				  71631 or
				  by any local rule adopted pursuant to Government Code section
				  71636.
(b) Deny to employee organizations rights
				  guaranteed to them by the Trial Court Act or by any local rule adopted pursuant
				  to Government Code section
				  71636.
(c) Refuse or fail to meet and confer in good
				  faith with an exclusive representative as required by Government Code section
				  71634.2 or
				  any local rule adopted pursuant to Government Code section
				  71636.
(d) Dominate or interfere with the formation
				  or administration of any employee organization, or contribute financial or
				  other support to it, or in any way encourage employees to join any organization
				  in preference to another in violation of rights guaranteed by Government Code
				  section
				  71631 or
				  any local rule adopted pursuant to Government Code section
				  71636.
(e) Fail to exercise good faith while
				  participating in any impasse procedure mutually agreed to pursuant to
				  Government Code section
				  71634.4 or
				  required by any local rule adopted pursuant to Government Code section
				  71636.
(f) Adopt or enforce a local rule that is not
				  in conformance with the Trial Court Act.
(g) In any other way violate the Trial Court
				  Act or any local rule adopted pursuant to Government Code section
				  71636.
1. New
					 section filed 5-31-2005; operative 5-31-2005 (Register 2005, No.
					 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						71630,
						71631,
						71632,
						71632.5,
						71632.6,
						71633,
						71634,
						71634.1,
						71634.2,
						71634.3,
						71634.4,
						71635,
						71635.1,
						71636,
						71636.1,
						71636.3,
						71637,
						71637.1,
						71638,
						71639,
						71639.3
						and
						71639.5,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 5 - Unfair Practice Proceedings › Section 32607 - Employee Organization Unfair Practices Under Trial Court Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It shall be an unfair practice for an employee organization
					 to do any of the following:
(a) Cause
				  or attempt to cause a trial court to engage in conduct prohibited by the Trial
				  Court Act or by any local rule adopted pursuant to Government Code section
				  71636.
(b) Interfere with, intimidate, restrain,
				  coerce or discriminate against trial court employees because of their exercise
				  of rights guaranteed by Government Code section
				  71631 or
				  by any local rule adopted pursuant to Government Code section
				  71636.
(c) Refuse or fail to meet and confer in good
				  faith as required by Government Code section
				  71634.2 or
				  by any local rule adopted pursuant to Government Code section
				  71636.
(d) Fail to exercise good faith while
				  participating in any impasse procedure mutually agreed to pursuant Government
				  Code section
				  71634.4 or
				  required by any local rule adopted pursuant to Government Code section
				  71636.
(e) In any other way violate the Trial Court
				  Act or any local rule adopted pursuant to Government Code section
				  71636.
1. New
					 section filed 5-31-2005; operative 5-31-2005 (Register 2005, No.
					 22).
2. Amendment of NOTE filed 4-11-2006; operative 5-11-2006
					 (Register 2006, No. 15).
Note: Authority cited: Sections
						3541.3(g)
						and
						71639.1(b),
						Government Code. Reference: Sections
						71632.5,
						71636,
						71636.3,
						71637.1,
						71639.1
						and
						71639.3,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 5 - Unfair Practice Proceedings › Section 32608 - Employer Unfair Practices Under Court Interpreter Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It shall be an unfair practice for a trial court or
					 regional committee to do any of the following:
(a) Interfere with, intimidate, restrain,
				  coerce or discriminate against court interpreters because of their exercise of
				  rights guaranteed by Government Code section
				  71813 or
				  by any local rule adopted pursuant to Government Code section
				  71823.
(b) Deny to employee organizations rights
				  guaranteed to them by the Court Interpreter Act or by any local rule adopted
				  pursuant to Government Code section
				  71823.
(c) Refuse or fail to meet and confer in good
				  faith with an exclusive representative as required by Government Code section
				  71818 or
				  any local rule adopted pursuant to Government Code section
				  71823.
(d) Dominate or interfere with the formation
				  or administration of any employee organization, or contribute financial or
				  other support to it, or in any way encourage employees to join any organization
				  in preference to another in violation of rights guaranteed by Government Code
				  section
				  71813 or
				  any local rule adopted pursuant to Government Code section
				  71823.
(e) Fail to exercise good faith while
				  participating in any impasse procedure mutually agreed to pursuant to
				  Government Code section
				  71820 or
				  required by any local rule adopted pursuant to Government Code section
				  71823.
(f) Adopt or enforce a local rule that is not
				  in conformance with the Court Interpreter Act.
(g) In any other way violate the Court
				  Interpreter Act or any local rule adopted pursuant to Government Code section
				  71823.
1. New
					 section filed 5-31-2005; operative 5-31-2005 (Register 2005, No.
					 22).
Note: Authority cited: Sections
						3541.3(g)
						and
						71825(b),
						Government Code. Reference: Sections
						71801,
						71802,
						71803,
						71804,
						71804.5,
						71805,
						71806,
						71807,
						71808,
						71809,
						71810,
						71811,
						71812,
						71812.5,
						71813,
						71814,
						71815,
						71816,
						71817,
						71818,
						71819,
						71820,
						71821,
						71822,
						71823,
						71824,
						71825,
						71825.2
						and
						71826,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 5 - Unfair Practice Proceedings › Section 32609 - Employee Organization Unfair Practices Under Court Interpreter Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It shall be an unfair practice for an employee organization
					 to do any of the following:
(a) Cause
				  or attempt to cause a trial court or regional committee to engage in conduct
				  prohibited by the Court Interpreter Act or by any local rule adopted pursuant
				  to Government Code section
				  71823.
(b) Interfere with, intimidate, restrain,
				  coerce or discriminate against court interpreters because of their exercise of
				  rights guaranteed by Government Code section
				  71813 or
				  by any local rule adopted pursuant to Government Code section
				  71823.
(c) Refuse or fail to meet and confer in good
				  faith as required by Government Code section
				  71818 or
				  by any local rule adopted pursuant to Government Code section
				  71823.
(d) Fail to exercise good faith while
				  participating in any impasse procedure mutually agreed to pursuant to
				  Government Code section
				  71820 or
				  required by any local rule adopted pursuant to Government Code section
				  71823.
(e) In any other way violate the Court
				  Interpreter Act or any local rule adopted pursuant to Government Code section
				  71823.
1. New
					 section filed 5-31-2005; operative 5-31-2005 (Register 2005, No.
					 22).
2. Amendment of NOTE filed 4-11-2006; operative 5-11-2006
					 (Register 2006, No. 15).
Note: Authority cited: Sections
						3541.3(g)
						and
						71825(b),
						Government Code. Reference: Sections
						71814,
						71823 and
						71825,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 5 - Unfair Practice Proceedings › Section 32610 - Employer Unfair Practices Under the Pecc

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It shall be an unfair practice for a public employer to do
					 any of the following:
(a) Provide the
				  exclusive representative with less than 10 days' notice in advance of a new
				  employee orientation as required by Government Code Section
				  3556.
(b) Refuse or fail to provide the exclusive
				  representative with access to a new employee orientation as required by
				  Government Code Section
				  3556.
(c) Refuse or fail to negotiate with the
				  exclusive representative, upon request, over the structure, time, and manner of
				  the exclusive representative's access to new employee orientations as required
				  by Government Code Sections
				  3556 and
				  3557.
(d) Disclose the date, time, and place of a
				  new employee orientation to any party other than the employees, the exclusive
				  representative, or a vendor that is contracted to provide a service for
				  purposes of the orientation in violation of rights guaranteed by Government
				  Code Section
				  3556.
(e) Refuse or fail to provide the exclusive
				  representative information required by Government Code Section
				  3558.
(f) Refuse or fail to grant a reasonable
				  leave of absence to a public employee upon request of the exclusive
				  representative as required by Government Code Section
				  3558.8.
(g) Refuse or fail to negotiate with the
				  exclusive representative, upon request, over the procedures for requesting and
				  granting leave as required by Government Code Section
				  3558.8.
(h) In any other way violate the
				  PECC.
1. New
					 section filed 12-27-2019; operative 4-1-2020 (Register 2019, No. 52). For prior
					 history, see Register 2018, No. 19.
Note: Authority cited: Sections
						3541.3 and
						3555.5(c),
						Government Code. Reference: Sections
						3555.5(c),
						3556,
						3558,
						3558.8(a),
						3558.8
						(b) and
						3558.8(h),
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 5 - Unfair Practice Proceedings › Section 32610.2 - Pre-Filing Procedures for Certain PECC Charges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  unfair practice charge alleging that a public employer violated Government Code
				  Section
				  3558,
				  subdivision (a) must allege that the exclusive representative notified the
				  public employer in writing of the facts and theories of the alleged
				  violation(s).
(b) The following
				  subsections apply only to claims that a public employer violated Government
				  Code Section
				  3558,
				  subdivision (a) by supplying an inaccurate or incomplete list of employees to
				  the exclusive representative.
(1) Except as
				  provided in subsection (b)(2), a public employer shall not be liable for
				  violation(s) that it cures within twenty (20) days from the date it receives
				  written notice of the alleged violation(s) from the exclusive
				  representative.
(2) A public
				  employer shall not avoid liability by curing an alleged violation if, in the
				  twelve (12) months immediately preceding its curative action, the employer has
				  cured three alleged violations of Government Code Section
				  3558,
				  subdivision (a). Each cured violation within the preceding 12-month period
				  shall count toward the three-cure limit regardless of the exclusive
				  representative or bargaining unit involved.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 5 - Unfair Practice Proceedings › Section 32610.5 - Exclusive Representative Unfair Practices Under the Pecc

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It shall be an unfair practice for an exclusive
					 representative to do any of the following:
(a) Refuse or fail to negotiate with the
				  public employer, upon request, over the structure, time, and manner of the
				  exclusive representative's access to new employee orientations as required by
				  Government Code Sections
				  3556 and
				  3557.
(b) Refuse or fail to negotiate with the
				  public employer, upon request, over the procedures for requesting and granting
				  leave as required by Government Code Section
				  3558.8(b).
(c) In any other way violate the
				  PECC.
1. New
					 section filed 12-27-2019; operative 4-1-2020 (Register 2019, No.
					 52).
Note: Authority cited: Sections
						3541.3 and
						3555.5(c),
						Government Code. Reference: Sections
						3555.5(c),
						3556 and
						3558.8(b),
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 5 - Unfair Practice Proceedings › Section 32611 - Employer Unfair Practices Under the Pedd

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It shall be an unfair practice for a public employer to do
					 any of the following:
(a) Deter or
				  discourage public employees or applicants to be public employees from becoming
				  or remaining members of an employee organization, or from authorizing
				  representation by an employee organization, or from authorizing dues or fee
				  deductions to an employee organization, in violation of Government Code Section
				  3550.
(b) Disseminate a mass communication to
				  public employees or applicants, without first meeting and conferring with the
				  exclusive representative over the contents of the communication, as required by
				  Government Code Section
				  3553.
(c) Refuse or fail to distribute the
				  exclusive representative's message in addition to and at the same time as the
				  employer's message, in the event that the public employer and exclusive
				  representative do not agree to the contents of the employer's mass
				  communication, as required by Section
				  3553.
(d) In any other way violate the
				  PEDD.
1. New
					 section filed 12-27-2019; operative 4-1-2020 (Register 2019, No. 52). For prior
					 history, see Register 2018, No. 19.
Note: Authority cited: Sections
						3541.3 and
						3551(a),
						Government Code. Reference: Sections
						3550 and
						3553,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 5 - Unfair Practice Proceedings › Section 32611.5 - Exclusive Representative Unfair Practices Under the Pedd

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It shall be an unfair practice for an employee organization
					 to do any of the following:
(a) Fail
				  to meet and confer with the public employer over the contents of a mass
				  communication as required by Government Code Section
				  3553.
(b) In any other way violate the
				  PEDD.
1. New
					 section filed 12-27-2019; operative 4-1-2020 (Register 2019, No.
					 52).
Note: Authority cited: Sections
						3541.3 and
						3551(a),
						Government Code. Reference: Section
						3553,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 5 - Unfair Practice Proceedings › Section 32611.8 - Special Remedies for Certain PECC and PEDD Charges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  administrative law judge or the Board itself may resolve special remedies
				  issues in conjunction with resolving liability issues. If any special remedies
				  issues remain unresolved after a final decision involving a claim under
				  Government Code Section
				  3550, or
				  Government Code Section
				  3558,
				  subdivision (a), the following procedures shall apply unless otherwise ordered:
(1) A party seeking to resolve outstanding
				  special remedies issues must file a motion with the Office of the General
				  Counsel no later than twenty (20) days after the decision is final. All
				  unresolved special remedies issues must be presented in the same motion.
				  Service and proof of service of the motion pursuant to Section
				  32140 are required.
(2) A motion regarding special remedies must
				  be accompanied by a brief and sworn declarations containing competent evidence
				  as needed to support the motion. If civil penalties are at issue, the sworn
				  declarations shall contain evidence relevant to the criteria under the
				  applicable Government Code Section. If attorney's fees and costs are at issue,
				  the sworn declarations shall address: the amount of time spent; reasonable
				  market rates for attorneys with similar experience; and, if compensable legal
				  work was integrated with non-compensable legal work, information necessary to
				  determine the portion of time that should be compensated.
(3) Any response to a motion regarding
				  special remedies must be filed with the Office of the General Counsel no later
				  than twenty (20) days after the motion was filed. Any evidence relied on in the
				  response must be supported by sworn declarations containing competent evidence.
				  Service and proof of service of the response pursuant to Section
				  32140 are required.
(4) There shall be no reply briefs unless
				  requested by a Board agent.
(5) The
				  Office of the General Counsel shall work with the parties to resolve special
				  remedies issues efficiently in conjunction with any other outstanding
				  compliance issues and shall have discretion whether to request further written
				  submissions, convene an evidentiary hearing, or transfer the matter to the
				  Division of Administrative Law.
(6)
				  If a Board agent issues an administrative decision without a hearing, the
				  decision may be appealed to the Board itself pursuant to Chapter 1, Subchapter
				  4, Article 3 of these regulations. If the Board agent issues a written proposed
				  decision based on a hearing, the decision may be appealed to the Board itself
				  pursuant to Chapter 1, Subchapter 4, Article 2 of these
				  regulations.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 5 - Unfair Practice Proceedings › Section 32612 - Venue of Charge. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections
						3509(a),
						3513(h),
						3524.52(a),
						3541.3(g),
						3551(a),
						3555.5(c),
						3563(f),
						71639.1(b)
						and
						71825(b),
						Government Code; and Section
						99561(f),
						Public Utilities Code. Reference: Sections
						3509,
						3513(h),
						3514.5,
						3524.52(a),
						3524.55,
						3541.3(i),
						3541.5,
						3551(a),
						3555.5(c),
						3563(h),
						3563.2,
						71639.1,
						71807 and
						71825,
						Government Code; and Sections
						99561(h)
						and
						99561.2,
						Public Utilities Code.
Note: Authority cited: Sections
						3509(a),
						3513(h),
						3524.52(a),
						3541.3(g),
						3551(a),
						3555.5(c),
						3563(f),
						71639.1(b)
						and
						71825(b),
						Government Code; and Section
						99561(f),
						Public Utilities Code. Reference: Sections
						3509,
						3513(h),
						3514.5,
						3524.52(a),
						3524.55,
						3541.3(i),
						3541.5,
						3551(a),
						3555.5(c),
						3563(h),
						3563.2,
						71639.1,
						71807 and
						71825,
						Government Code; and Sections
						99561(h)
						and
						99561.2,
						Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 5 - Unfair Practice Proceedings › Section 32613 - On-Line Filing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 4-11-2006; operative 5-11-2006 (Register 2006, No.
					 15).
2. Repealer filed 3-18-2013; operative 7-1-2013 (Register 2013,
					 No. 12).
Note: Authority cited: Sections
						3509(a),
						3513(h),
						3541.3,
						3563,
						71639.1(b)
						and
						71825(b),
						Government Code; and Section
						99561(f),
						Public Utilities Code. Reference: Sections
						3509,
						3513,
						3514.5,
						3541.3,
						3541.5,
						3563,
						3563.2,
						71639.1
						and
						71825,
						Government Code; and Sections
						99561
						and
						99561.2,
						Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 5 - Unfair Practice Proceedings › Section 32613 - Employer Unfair Practices under OCTDA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It shall be an unfair practice for the Authority to do any
					 of the following:
(a) Impose or
				  threaten to impose reprisals on employees, discriminate or threaten to
				  discriminate against employees, or otherwise interfere with, restrain, or
				  coerce employees because of the exercise of rights guaranteed to them by the
				  OCTDA or by any rules or regulations adopted by the Authority pursuant to the
				  OCTDA.
(b) Deny to employee
				  organizations rights guaranteed to them by the OCTDA or by any rules or
				  regulations adopted by the Authority.
(c) Refuse or fail to meet and confer in good
				  faith with an exclusive representative as required by Public Utilities Code
				  Section
				  40126
				  or any rules and regulations adopted by the Authority.
(d) Dominate or interfere with the formation
				  or administration of any employee organization, or contribute financial or
				  other support to it, or in any way encourage employees to join any organization
				  in preference to another.
(e) Fail
				  to exercise good faith while participating in any impasse procedure mutually
				  agreed to, including pursuant to Public Utilities Code Section
				  40120,
				  or contained in Chapter 3, Division 4.5, Title 1 of the Government Code
				  (commencing with Government Code section
				  3611)
				  (Public Transit Labor Disputes Act).
(f) Adopt or enforce a rule or regulation not
				  in conformance with Public Utilities Code Sections
				  40000,
				  et seq.
(g) Violate in any way the
				  Public Employees Communication Chapter as contained in Title 1 of the
				  Government Code (commencing with Section
				  3555) or Section
				  32610 of these
				  regulations.
(h) Violate in any way
				  the Prohibition on Public Employers Deterring or Discouraging Union Membership
				  as contained in Title 1 of the Government Code (commencing with Section 3550),
				  or Section 32611 of these regulations.
(i) In any other way violate OCTDA or any
				  local rule or regulation adopted by the Authority.
Note: Authority cited: Section 3541.3(g), Government
						Code; and Section 40122.1(a), Public Utilities Code. Reference: Sections 3550,
						3553, 3555, 3555.5(c), 3556, 3558, 3558.8(a), 3558.8(b), 3558.8(h) and 3611,
						Government Code; and Sections 40120 and 40122.1, Public Utilities Code.
Note: Authority cited: Sections
						3509(a),
						3513(h),
						3541.3,
						3563,
						71639.1(b)
						and
						71825(b),
						Government Code; and Section
						99561(f),
						Public Utilities Code. Reference: Sections
						3509,
						3513,
						3514.5,
						3541.3,
						3541.5,
						3563,
						3563.2,
						71639.1
						and
						71825,
						Government Code; and Sections
						99561
						and
						99561.2,
						Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 5 - Unfair Practice Proceedings › Section 32613.5 - Employee Organization Unfair Practices under OCTDA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It shall be an unfair practice for an employee organization
					 to do any of the following:
(a) Cause
				  or attempt to cause the Authority to engage in conduct prohibited by the OCTDA
				  or by any rules or regulations adopted by the Authority.
(b) Impose or threaten to impose reprisals on
				  employees, discriminate or threaten to discriminate against employees, or
				  otherwise interfere with, restrain, or coerce employees because of the exercise
				  of rights guaranteed to them by the OCTDA or by any rules or regulations
				  adopted by the Authority pursuant to the OCTDA.
(c) Refuse or fail to meet and confer in good
				  faith as required by Public Utilities Code Section
				  40126
				  or any rules and regulations adopted by the Authority.
(d) Fail to exercise good faith while
				  participating in any impasse procedure mutually agreed to, including pursuant
				  to Public Utilities Code Section
				  40120,
				  or contained in Chapter 3, Division 4.5, Title 1 of the Government Code
				  (commencing with Government Code Section
				  3611)
				  (Public Transit Labor Disputes Act).
(e) Violate in any way the Public Employees
				  Communication Chapter as contained in Title 1 of the Government Code
				  (commencing with Section
				  3555) or Section
				  32610.5 of these
				  regulations.
(f) Violate in any way
				  the Prohibition on Public Employers Deterring or Discouraging Union Membership
				  as contained in Title 1 of the Government Code (commencing with Section 3550),
				  or Section 32611.5 of these regulations.
(g) In any other way violate OCTDA or any
				  local rule or regulation adopted by the Authority pursuant to the
				  OCTDA.
Note: Authority cited: Section 3541.3(g), Government
						Code; and Section 40122.1(a), Public Utilities Code. Reference: Sections 3550,
						3553, 3555, 3555.5(c), 3556, 3558,8(b) and 3611, Government Code; and Sections
						40120 and 40122.1, Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 5 - Unfair Practice Proceedings › Section 32614 - Employer Unfair Practices under SFBART Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It shall be an unfair practice for the District to do any
					 of the following:
(a) Impose or
				  threaten to impose reprisals on employees, discriminate or threaten to
				  discriminate against employees, or otherwise interfere with, restrain, or
				  coerce employees because of the exercise of rights guaranteed to them by the
				  SFBART Act. As used in this provision, "employee" includes an applicant for
				  employment or reemployment with the District.
(b) Deny to employee organizations rights
				  guaranteed to them by the SFBART Act.
(c) Knowingly provide an exclusive
				  representative with inaccurate information or otherwise fail or refuse to
				  bargain in good faith with an exclusive representative as required by the
				  SFBART Act.
(d) Dominate or
				  interfere with the formation or administration of any employee organization, or
				  contribute financial or other support to it, or in any way encourage employees
				  to join any organization in preference to another.
(e) Fail to exercise good faith while
				  participating in any impasse procedure mutually agreed to, including pursuant
				  to Public Utilities Code Section
				  28858,
				  subdivision (e), or contained in Chapter 3, Division 4.5, Title 1 of the
				  Government Code (commencing with Government Code section
				  3611)
				  (Public Transit Labor Disputes Act).
(f) Violate in any way the Public Employees
				  Communication Chapter as contained in Title 1 of the Government Code
				  (commencing with Section
				  3555), or Section
				  32610 of these
				  regulations.
(g) Violate in any way
				  the Prohibition on Public Employers Deterring or Discouraging Union Membership
				  as contained in Title 1 of the Government Code (commencing with Section 3550),
				  or Section 32611 of these regulations.
(h) In any other way violate SFBART
				  Act.
Note: Authority cited: Section 3541.3(g), Government
						Code; and Section 28849(b), Public Utilities Code. Reference: Sections 3550,
						3553, 3555, 3555.5(c), 3556, 3558, 3558.8(a), 3558.8(b), 3558.8(h) and 3611,
						Government Code; and Sections 28849(b), 28850, 28856, 28857, 28858 and
						28860(b), Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 5 - Unfair Practice Proceedings › Section 32614.1 - Employee Organization Unfair Practices under SFBART Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It shall be an unfair practice for an employee organization
					 to do any of the following:
(a) Cause
				  or attempt to cause the District to engage in conduct prohibited by the SFBART
				  Act.
(b) Impose or threaten to
				  impose reprisals on employees, discriminate or threaten to discriminate against
				  employees, or otherwise interfere with, restrain, or coerce employees because
				  of the exercise of rights guaranteed to them by the SFBART Act.
(c) Refuse or fail to bargain in good faith
				  as required by Public Utilities Code Section
				  28850.
(d) Fail to exercise good faith while
				  participating in any impasse procedure mutually agreed to, including pursuant
				  to Public Utilities Code Section
				  28858,
				  subdivision (e), or contained in Chapter 3, Division 4.5, Title 1 of the
				  Government Code (commencing with Government Code Section
				  3611)
				  (Public Transit Labor Disputes Act).
(e) Violate in any way the Public Employees
				  Communication Chapter as contained in Title 1 of the Government Code
				  (commencing with Section
				  3555) or Section
				  32610.5 of these
				  regulations.
(f) Violate in any way
				  the Prohibition on Public Employers Deterring or Discouraging Union Membership
				  as contained in Title 1 of the Government Code (commencing with Section 3550),
				  or Section 32611.5 of these regulations.
(g) In any other way violate the SFBART
				  Act.
Note: Authority cited: Section 3541.3(g), Government
						Code; and Section 28849(b), Public Utilities Code. Reference: Sections 3550,
						3553, 3555, 3555.5(c), 3556, 3558,8(b) and 3611, Government Code; and Sections
						28849(a), 28850, 28858, 28859 and 28860(b), Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 5 - Unfair Practice Proceedings › Section 32614.2 - Employer Unfair Practices under Sacramento RTD Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It shall be an unfair practice for the District to do any
					 of the following:
(a) Impose or
				  threaten to impose reprisals on employees, discriminate or threaten to
				  discriminate against employees, or otherwise interfere with, restrain, or
				  coerce employees because of the exercise of rights guaranteed to them by the
				  Sacramento RTD Act. As used in this provision, "employee" includes an applicant
				  for employment or reemployment with the District.
(b) Deny to employee organizations rights
				  guaranteed to them by the Sacramento RTD Act.
(c) Knowingly provide an exclusive
				  representative with inaccurate information or otherwise fail or refuse to
				  bargain in good faith with an exclusive representative as required by the
				  Sacramento RTD Act.
(d) Dominate or
				  interfere with the formation or administration of any employee organization, or
				  contribute financial or other support to it, or in any way encourage employees
				  to join any organization in preference to another.
(e) Fail to exercise good faith while
				  participating in any impasse procedure mutually agreed to, including pursuant
				  to Public Utilities Code Section
				  102401,
				  or contained in Chapter 3, Division 4.5, Title 1 of the Government Code
				  (commencing with Government Code section
				  3611)
				  (Public Transit Labor Disputes Act).
(f) Violate in any way the Public Employees
				  Communication Chapter as contained in Title 1 of the Government Code
				  (commencing with Section
				  3555), or Section
				  32610 of these
				  regulations.
(g) Violate in any way
				  the Prohibition on Public Employers Deterring or Discouraging Union Membership
				  as contained in Title 1 of the Government Code (commencing with Section 3550),
				  or Section 32611 of these regulations.
(h) In any other way violate Sacramento RTD
				  Act.
Note: Authority cited: Section 3541.3(g), Government
						Code; and Section 102399(b), Public Utilities Code. Reference: Sections 3550,
						3553, 3555, 3555.5(c), 3556, 3558, 3558.8(a), 3558.8(b), 3558.8(h) and 3611,
						Government Code; and Sections 102399, 102400, 102401, 102404, 102405, 102406,
						102408(b)(2) and 102414, Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 5 - Unfair Practice Proceedings › Section 32614.3 - Employee Organization Unfair Practices under Sacramento RTD Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It shall be an unfair practice for an employee organization
					 to do any of the following:
(a) Cause
				  or attempt to cause the District to engage in conduct prohibited by the
				  Sacramento RTD Act.
(b) Impose or
				  threaten to impose reprisals on employees, discriminate or threaten to
				  discriminate against employees, or otherwise interfere with, restrain, or
				  coerce employees because of the exercise of rights guaranteed to them by the
				  Sacramento RTD Act.
(c) Refuse or
				  fail to bargain in good faith as required by Public Utilities Code Sections
				  102400
				  and
				  102414.
(d) Fail to exercise good faith while
				  participating in any impasse procedure mutually agreed to, including pursuant
				  to Public Utilities Code Section
				  102401,
				  or contained in Chapter 3, Division 4.5, Title 1 of the Government Code
				  (commencing with Government Code Section
				  3611)
				  (Public Transit Labor Disputes Act).
(e) Violate in any way the Public Employees
				  Communication Chapter as contained in Title 1 of the Government Code
				  (commencing with Section
				  3555) or Section
				  32610.5 of these
				  regulations.
(f) Violate in any way
				  the Prohibition on Public Employers Deterring or Discouraging Union Membership
				  as contained in Title 1 of the Government Code (commencing with Section 3550),
				  or Section 32611.5 of these regulations.
(g) In any other way violate the Sacramento
				  RTD Act.
Note: Authority cited: Section 3541.3(g), Government
						Code; and Section 102399(b), Public Utilities Code. Reference: Sections 3550,
						3553, 3555, 3555.5(c), 3556, 3558,8(b) and 3611, Government Code; and Sections
						102399(b), 102400, 102404, 102407, 102408(b)(2) and 102414, Public Utilities
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 5 - Unfair Practice Proceedings › Section 32615 - Contents of Charge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  charge may be filed alleging that an unfair practice or practices have been
				  committed. The charge shall be in writing, signed under penalty of perjury by
				  the party or its agent with the declaration that the charge is true, and
				  complete to the best of the charging party's knowledge and belief, and contain
				  the following information:
(1) The name and
				  address of the party alleged to have engaged in an unfair practice. If the
				  party is the State of California, the name and address of the "appointing
				  power" as defined in Government Code Section
				  18524, and
				  of the Governor shall be set forth;
(2) The name, address, and telephone number
				  of the charging party;
(3) The
				  name, address, and telephone number of an authorized agent of the charging
				  party to be contacted;
(4) The
				  sections of the Government Code, the applicable local rules, the applicable
				  rule or regulation adopted by the Statewide Authority pursuant to IHSSEERA or
				  the sections of the Public Utilities Code, alleged to have been
				  violated;
(5) A clear and concise
				  statement of the facts and conduct alleged to constitute an unfair practice;
				  and
(6) A statement of the remedy
				  sought by the charging party.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 5 - Unfair Practice Proceedings › Section 32616 - Venue of Charge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Except as otherwise provided in this section, a charge may be filed in any
				  regional office described in Section
				  32075 which serves any county in
				  which the conduct or act constituting the alleged unfair practice occurred or
				  is occurring, the county in which any employee affected by the alleged unfair
				  practice works, or the county in which the principal office of the employer is
				  located.
(b) Any charge involving a
				  worksite located outside the State of California shall be filed with the
				  regional office serving the county in which the principal office of the
				  employer is located. The Board may transfer any case to a different regional
				  office.
(c) Any charge involving a
				  regional committee established pursuant to Government Code section
				  71807
				  shall be filed with the Los Angeles Regional Office in the cases of Regions 1
				  and 4; with the San Francisco Regional Office in the case of Region 2; and with
				  the Sacramento Regional Office in the case of Region 3.
(d) The Board may consolidate charges as it
				  deems appropriate.
Note: Authority cited: Sections
						3509(a),
						3513(h),
						3524.52(a),
						3541.3(g),
						3551(a),
						3555.5(c),
						3563(f),
						71639.1(b)
						and
						71825(b),
						Government Code; and Sections
						28849(b),
						40122.1(a),
						99561(f)
						and
						102399(b),
						Public Utilities Code. Reference: Sections
						3509,
						3513(h),
						3514.5,
						3524.52(a),
						3524.55,
						3541.3(i),
						3541.5,
						3551(a),
						3555.5(c),
						3563(h),
						3563.2,
						71639.1,
						71807 and
						71825,
						Government Code; and Sections
						28849(b),
						28860(b),
						40122.1,
						99561(h),
						99561.2,
						102399(b)
						and
						102408(b)(2),
						Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 5 - Unfair Practice Proceedings › Section 32620 - Processing of Case

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When a charge is filed, it shall be assigned to a Board agent for
				  processing.
(b) The powers and
				  duties of such Board agent shall be to:
(1)
				  Assist the charging party to state in proper form the information required by
				  section 32615;
(2) Answer procedural questions of each party
				  regarding the processing of the case;
(3) Facilitate communication and the exchange
				  of information between the parties;
(4) Make inquiries and review the charge and
				  any accompanying materials to determine whether an unfair practice has been, or
				  is being, committed, and determine whether the charge is subject to deferral to
				  arbitration, or to dismissal for lack of timeliness.
(5) Dismiss the charge or any part thereof as
				  provided in Section
				  32630 if it is determined that the
				  charge or the evidence is insufficient to establish a prima facie case; or if
				  it is determined that a complaint may not be issued in light of Government Code
				  Sections
				  3514.5,
				  3524.55,
				  3541.5,
				  3563.2,
				  71639.1(c)
				  or
				  71825(c),
				  or Public Utilities Code Section
				  99561.2;
				  or if it is determined that a charge filed pursuant to Government Code section
				  3509(b)
				  is based upon conduct occurring more than six months prior to the filing of the
				  charge.
(6) Place the charge in
				  abeyance if the dispute arises under MMBA, HEERA, TEERA, Trial Court Act or
				  Court Interpreter Act and is subject to deferral to final and binding
				  arbitration pursuant to a collective bargaining agreement, and dismiss the
				  charge at the conclusion of the arbitration process unless the charging party
				  demonstrates that the settlement or arbitration award is repugnant to the
				  purposes of MMBA, HEERA, TEERA, Trial Court Act or Court Interpreter Act, as
				  provided in section
				  32661.
(7) Issue a complaint pursuant to Section
				  32640.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 5 - Unfair Practice Proceedings › Section 32620 - Processing of Case

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When a charge is filed, it shall be assigned to a Board agent for
				  processing.
(b) The powers and
				  duties of such Board agent shall be to:
(1)
				  Assist the charging party to state in proper form the information required by
				  Section 32615;
(2) Answer procedural questions of each party
				  regarding the processing of the case;
(3) Facilitate communication and the exchange
				  of information between the parties;
(4) Make inquiries and review the charge and
				  any accompanying materials to determine whether an unfair practice has been, or
				  is being, committed, and determine whether the charge is subject to deferral to
				  arbitration, or to dismissal for lack of timeliness.
(5) Dismiss the charge or any part thereof as
				  provided in Section
				  32630 if it is determined that the
				  charge or the evidence is insufficient to establish a prima facie case; or if
				  it is determined that a complaint may not be issued in light of Government Code
				  Sections
				  3514.5,
				  3524.55,
				  3541.5,
				  3563.2,
				  71639.1(c)
				  or
				  71825(c),
				  or Public Utilities Code Section
				  99561.2;
				  or if it is determined that a charge filed pursuant to Government Code section
				  3509(b)
				  or Public Utilities Code Sections
				  28860(b),
				  40122.1,
				  or
				  102408(b)(2)
				  is based upon conduct occurring more than six months prior to the filing of the
				  charge.
(6) Place the charge in
				  abeyance if the dispute arises under MMBA, HEERA, TEERA, Trial Court Act, Court
				  Interpreter Act, OCTDA, SFBART Act or Sacramento RTD Act, and is subject to
				  deferral to final and binding arbitration pursuant to a collective bargaining
				  agreement, and dismiss the charge at the conclusion of the arbitration process
				  unless the charging party demonstrates that the settlement or arbitration award
				  is repugnant to the purposes of MMBA, HEERA, TEERA, Trial Court Act, Court
				  Interpreter Act, OCTDA, SFBART Act, or Sacramento RTD Act as provided in
				  Section 32661.
(7) Issue a complaint pursuant to Section
				  32640.