Decision 1987I – Region 4 Court Interpreter Employment Relations Committee and the Superior Court of California, County of Riverside

LA-CE-6-I

Decision Date: November 21, 2008

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 9

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts

Under the Trial Court Interpreter Act, interpreters in full- or part-time positions and court interpreters pro tempore on an as-needed basis without benefits are considered trial court employees. Although the Trial Court Interpreter Act contains provisions granting certain rights to non-employee independent contractors, independent contractor interpreters are not considered trial court employees, and do not have collective bargaining rights. Therefore, PERB lacks jurisdiction over charge by a labor organization alleging violations of the Trial Court Interpreter Act on behalf of an independent contractor.

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)

Under the Trial Court Interpreter Act, interpreters in full- or part-time positions and court interpreters pro tempore on an as-needed basis without benefits are considered trial court employees. Although the Trial Court Interpreter Act contains provisions granting certain rights to non-employee independent contractors, independent contractor interpreters are not considered trial court employees, and do not have collective bargaining rights. Therefore, PERB lacks jurisdiction over charge by a labor organization alleging violations of the Trial Court Interpreter Act on behalf of an independent contractor.

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.06000 – Independent Contractors

Under Trial Court Interpreter Act, collective bargaining rights were not extended to independent contractors, but rather were limited to interpreters who are employed by the courts full-time or part-time or who are on call as court interpreters pro tempore. The scope of representation section of the Trial Court Interpreter Act was not intended to provide who has the right to be represented by an employee organization, but rather what are the matters which are mandatory subjects of bargaining under the Act. Because a recognized employee organization cannot bargain for different alternative dispute resolution procedures for independent contractors which it is not authorized to represent, the arbitration procedures enunciated in the Trial Court Interpreter Act at Government Code section 71802(f) apply to independent contractor disputes under the Act regardless of any dispute procedures for trial court employees agreed upon in a memorandum of understanding.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period

Under the Trial Court Interpreter Act, interpreters in full- or part-time positions and court interpreters pro tempore on an as needed basis without benefits are considered trial court employees. Although the Trial Court Interpreter Act contains provisions granting certain rights to non-employee independent contractors, independent contractor interpreters are not considered trial court employees, and do not have collective bargaining rights. Therefore, a labor organization lacks standing to bring charge on behalf of an independent contractor alleging violations of the Trial Court Interpreter Act.