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 32602 - Processing Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Alleged violations of the EERA, Ralph C. Dills Act, HEERA, MMBA, TEERA, JCEERA,
				  Article 3 of the Trial Court Act, the Court Interpreter Act, the PECC, the
				  PEDD, and alleged violations of local rules adopted pursuant to the MMBA, Trial
				  Court Act or Court Interpreter Act, and alleged violations of rules or
				  regulations adopted by the Statewide Authority pursuant to IHSSEERA, shall be
				  processed as unfair practice charges.
(b) Except as provided in subsections (c),
				  (d) and (e), unfair practice charges may be filed by an employee, employee
				  organization, or employer against an employee organization or
				  employer.
(c) A charge alleging
				  that an employer or an exclusive representative has failed to comply with
				  Government Code section
				  3523,
				  3524.78,
				  3547,
				  3547.5, or
				  3595, or
				  Public Utilities Code section
				  99569,
				  may be filed by any affected member of the public.
(d) A charge alleging that an exclusive
				  representative has failed to comply with Government Code section
				  3515.7(e),
				  3546.5,
				  3584(b),
				  or
				  3587, or
				  Public Utilities Code Section
				  99566.3
				  may only be filed by an affected employee.
(e) A charge alleging that an exclusive
				  representative has failed to comply with Government Code Section
				  3502.5(f),
				  71632.5(f),
				  or
				  71814(f)
				  may only be filed by the employer or an affected employee.
1. New
					 section filed 10-10-85; effective thirtieth day thereafter (Register 85, No.
					 41).
2. Amendment filed 12-29-88; operative 1-28-89 (Register 89,
					 No. 4).
3. Amendment of section and NOTE 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					 be repealed by operation of law on the following day.
4. Certificate
					 of Compliance as to 6-11-2001 order transmitted to OAL 10-18-2001 and filed
					 12-4-2001 (Register 2001, No. 49).
5. Amendment of section and NOTE
					 filed 2-2-2004 as an emergency; operative 2-2-2004 (Register 2004, No. 6). A
					 Certificate of Compliance must be transmitted to OAL by 6-1-2004 or emergency
					 language will be repealed by operation of law on the following
					 day.
6. Certificate of Compliance as to 2-2-2004 order transmitted
					 to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
7.
					 Amendment of section and NOTE filed 8-30-2004 as an emergency; operative
					 8-30-2004 (Register 2004, No. 36). A Certificate of Compliance must be
					 transmitted to OAL by 12-28-2004 or emergency language will be repealed by
					 operation of law on the following day.
8. Amendment of section and
					 NOTE refiled 12-27-2004 as an emergency; operative 12-29-2004 (Register 2004,
					 No. 53). A Certificate of Compliance must be transmitted to OAL by 4-28-2005 or
					 emergency language will be repealed by operation of law on the following
					 day.
9. Certificate of Compliance as to 12-27-2004 order transmitted
					 to OAL 4-26-2005 and filed 5-31-2005 (Register 2005, No. 22).
10.
					 Amendment of section and NOTE filed 4-11-2006; operative 5-11-2006 (Register
					 2006, No. 15).
11. Change without regulatory effect amending NOTE
					 filed 3-14-2012 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2012, No. 11).
12. Amendment of subsections
					 (a) and (e) and amendment of NOTE filed 12-6-2013 as an emergency; operative
					 12-6-2013 pursuant to Government Code section
					 110035.5
					 (Register 2013, No. 51). This regulatory action is deemed an emergency exempt
					 from OAL review and was filed directly by the agency with the Secretary of
					 State pursuant to Government Code section
					 110035.5.
					 A Certificate of Compliance must be transmitted to OAL by 6-4-2014 or emergency
					 language will be repealed by operation of law on the following
					 day.
13. Certificate of Compliance as to 12-6-2013 order transmitted
					 to OAL 5-29-2014 and filed 7-10-2014 (Register 2014, No. 28).
14.
					 Change without regulatory effect amending subsections (a) and (e) and amending
					 NOTE filed 5-8-2018 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2018, No. 19).
15. Amendment of subsection (a)
					 and NOTE filed 12-27-2019; operative 4-1-2020 (Register 2019, No.
					 52).
16. Amendment of subsections (a) and (c) and amendment of NOTE
					 filed 4-18-2023; operative 7-1-2023 (Register 2023, No.
					 16).
Note: Authority cited: Sections
						3509,
						3513,
						3524.52(a),
						3541.3,
						3551(a),
						3555.5(c),
						3563,
						71639.1(b)
						and
						71825(b),
						Government Code; and Section
						99561(f),
						Public Utilities Code. Reference: Sections
						3502.5,
						3506.5,
						3509,
						3513(h),
						3514.5,
						3515.7,
						3519,
						3519.5,
						3523,
						3524.52(a),
						3524.55,
						3524.59,
						3524.71,
						3524.72,
						3524.78,
						3541.3(n),
						3541.5,
						3543.5,
						3543.6,
						3546.5,
						3547,
						3547.5,
						3551(a),
						3555.5(c),
						3563(m),
						3563.2,
						3571,
						3571.1,
						3571.3,
						3584,
						3587,
						3595,
						71632.5,
						71636,
						71636.3,
						71637.1,
						71639.1,
						71814,
						71823 and
						71825,
						Government Code; and Sections
						99561(h),
						99561.2,
						99563.7,
						99563.8,
						99566.3
						and
						99569,
						Public Utilities Code.