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 32661 - Repugnancy Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  unfair practice charge concerning conduct subject to Government Code Section
				  3514.5(a)(2),
				  3524.55(a)(2),
				  or
				  3541.5(a)(2),
				  or subject to final and binding arbitration pursuant to a collective bargaining
				  agreement for parties governed by the TEERA, MMBA, HEERA, Trial Court Act, or
				  Court Interpreter Act, may be filed based on a claim that the settlement or
				  arbitration award is repugnant to the applicable Act.
(b) The charge shall comply with the
				  requirements of Section
				  32615. It shall allege with
				  specificity the facts underlying the charging party's claim that the
				  arbitrator's award is repugnant to the purposes of the applicable
				  Act.
(c) In reviewing the charge to
				  determine whether a complaint shall issue, the Board agent shall have all of
				  the powers and duties specified in Sections
				  32620,
				  32630, and
				  32640. A Board agent's issuance of
				  a complaint under this section shall not be appealable to the Board itself
				  except as provided in Section
				  32360.
(d) The Board itself may, at any time, direct
				  that the record be submitted to the Board itself for decision.
1. New
					 section filed 9-20-82; effective upon filing (Register 82, No.
					 39).
2. Amendment filed 10-10-85; effective thirtieth day thereafter
					 (Register 85, No. 41).
3. Amendment of subsection (a) and amendment
					 of 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					 emergency language will be repealed by operation of law on the following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 subsection (a) and amendment of 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					 repealed by operation of law on the following day.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 subsection (a) 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 subsection (a) 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. Change without regulatory
					 effect amending NOTE filed 3-14-2012 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2012, No. 11).
11. Amendment of subsection (c)
					 filed 3-18-2013; operative 7-1-2013 (Register 2013, No. 12).
12.
					 Amendment of subsection (a) and 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 subsection (a) and NOTE filed
					 5-8-2018 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2018, No. 19).
15. Amendment of NOTE filed
					 12-27-2019; operative 4-1-2020 (Register 2019, No. 52).
16.
					 Amendment of subsection (a) and 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
						3506.5,
						3509,
						3514.5,
						3519,
						3519.5,
						3524.52(a),
						3524.55,
						3524.71,
						3524.72,
						3541.5,
						3543.5,
						3543.6,
						3551(a),
						3555.5(c),
						3558.8,
						3563.2,
						3571,
						3571.1,
						3571.3,
						3589,
						71639.1
						and
						71825,
						Government Code; and Sections
						99561(h),
						99561.2,
						99563.7,
						99563.8
						and
						99567,
						Public Utilities Code.