How to File an Unfair Practice Charge

Following are examples of unlawful employer conduct:

• coercive questioning of employees regarding their union activity;
• threatening employees or discriminating against employees because they participated in union activities;
• promising benefits to employees if they refuse to participate in union activity.

Definitions of unlawful employer conduct are found for Dills, EERA and HEERA in Government Code sections 3519, 3543.5, and 3571, respectively, for MMBA in Government Code section 3509(b) and PERB Regulation 32603; for the Trial Court Act in Govt. Code section 71630 et seq., including section 71635.1; for the Court Interpreter Act in Govt. Code section 71800 et seq., including section 71822; for TEERA in Public Utilities Code section 99563.7; and for JCEERA in Government Code section 3524.71.

Following are examples of unlawful employee organization conduct:

• threatening employees if they refuse to join the union;
• disciplining members for filing an unfair practice charge against the union;
• failing to fairly represent an employee in dealings with an employer.

Definitions of unlawful employee organization conduct are found for Dills, EERA and HEERA in Government Code sections 3519.5, 3543.6 and 3571.1, respectively, for MMBA in Government Code section 3509(b) and PERB Regulation 32604; for the Trial Court Act in Govt. Code section 71630 et seq., including section 71635.1; for the Court Interpreter Act in Govt. Code section 71800 et seq., including section 71822 for TEERA in Public Utilities Code section 99563.8; and for JCEERA in Government Code section 3524.72

Effective February 15, 2021, all filings must be made via the ePERB Portal unless you are an unrepresented individual. Unrepresented individuals may file through ePERB, U.S. Mail, a delivery service (e.g., UPS, FedEx, etc.), or in person at the appropriate PERB Regional Office.

Appointments for in-person visits to San Francisco Regional Office:  If you require in-person access to PERB’s services at the San Francisco Regional Office, PERB strongly recommends that you contact us in advance to make an appointment.  To make an appointment, please send an e-mail message to PERBPortal@perb.ca.gov stating your preferred date and time of the visit, as well as the purpose for the visit.

The charge must be filed within six (6) months of the occurrence of the conduct that you contend is an unfair practice. Unfair Practice Charge forms are available on this web site or by telephoning or visiting a PERB regional office.

Contact information for PERB’s Offices:

Sacramento Regional Office
1031 18th Street
Sacramento, CA 95811-4124
(916) 322-3198

San Francisco Regional Office
1515 Clay St., Suite 2206
Oakland, CA 94612-1403
(916) 322-3198

Los Angeles Regional Office
425 W Broadway , Suite 400
Glendale, CA 91204
(818) 551-2822

The charge must contain the following information:

1. the “charging party’s” name, address and telephone number;
2. the name, address and telephone number of the party you claim committed the unfair practice (the “respondent”);
3. the section(s) of the Government or Public Utilities Code you believe have been violated;
4. the section(s) of PERB’s regulation(s) and/or for MMBA, Trial Court Act or Court Interpreter Act, the local rule(s) alleged to have been violated;
5. a clear and concise statement (including dates, names, places, etc.) of the conduct which you assert constitutes an unfair practice.

If you have procedural questions you may contact a PERB Board Agent at any of the three regional offices. Beyond that, if you require legal assistance and advice, please contact your attorney, representative or the County Bar Association for attorney referral services.

Service

If you wish to file an unfair practice charge, you must comply with the service requirements of PERB Regulation 32140. For the initial filing of a case, the filing party shall serve all parties pursuant to Section 32140, subdivision (a), and electronically file with PERB the initial filing and a proof of service. Unrepresented individuals exempt from using the e-PERB Portal may file the original charge with the original proof of service with the appropriate PERB office (PERB Regulation 32075). A copy of the completed unfair practice charge and proof of service form must be served on the party being charged (respondent). A proof of service form must be attached to each copy of the charge to prove that a copy of the charge has been served on the respondent. Proof of service forms are available on the web site and at each regional office.

1. If the respondent is a public school or community college employer (EERA), service of the Charge and Proof of Service must be on the superintendent or designated representative of the district or school board.
2. If the respondent is the Regents of the University of California, the Trustees of the California State University or the Directors of Hastings College of the Law (HEERA), service must be to the following, respectively:

   Office of the General Counsel
   Regents of the University of California
   1111 Franklin Street, 8th Floor
   Oakland, CA 94612

   Office of the General Counsel
   California State University
   401 Golden Shore, 4th Floor
   Long Beach, CA 90802-4210

   General Counsel
   Hastings College of the Law
   200 McAllister Street
   San Francisco, CA 94102-4978

3. If the respondent is the State of California (Dills Act), service must be on:
   Chief Counsel
   Department of Human Resources
   1515 S Street, North Building, Suite 400
   Sacramento, CA 95811-4124
4. If the respondent is a local public agency as defined by Government Code section 3501(c) and PERB Regulation 32016(a) (MMBA), service must be on the individual designated to receive service for the agency or the chief executive officer.
5. If the respondent is a trial court employer as defined in Govt. Code section 71601(k) (Trial Court Act) or 71801(k) (Court Interpreter Act), service must be on the individual designated to receive service or the executive officer.
6. If the respondent is a regional committee employer as defined in Govt. Code section 71801(h) and 71807 (Court Interpreter Act), service must be on the individual designated to receive service or the executive officer.
7. If the respondent is the Los Angeles County Metropolitan Transportation Authority, service must be on a person authorized to act on behalf of the employer.
8. If the respondent is an employee organization, service must be on the individual designated to receive service, the president, or officer of the organization.

Once the unfair practice charge is properly filed, a Board agent will be assigned to review the charge and determine whether a complaint should be issued. He or she may contact you, the respondent and other individuals who may have information about the charge.

If the charge does not contain enough information, the Board agent will give you an opportunity to provide more information or to file an amended charge. If you fail to provide the necessary information, your charge will be dismissed. After all information has been received, your charge may still be dismissed if it fails to state a prima facie case (sufficient factual allegations to constitute the elements of specific violation(s)). The dismissal, containing a statement of the reason(s), will be mailed to you and to the respondent.

If your charge is dismissed, you may file a written appeal with the Board itself. The appeal and proof of service must be filed with the Board via the e-PERB Portal within 20 days after the charge was dismissed. Unrepresented individuals exempt from using the e-PERB Portal may file in person, by U.S. Mail, or by other delivery service the original appeal and proof of service in the headquarters office within 20 days after the charge was dismissed. A proof of service form must accompany each copy of a document served upon a party.

If, after investigating your charge, the Board agent concludes that there are enough facts alleged that an unfair practice may have been committed, he or she will issue a Complaint. The case will then proceed to an informal settlement conference.

The informal conference is an effort to settle an unfair practice complaint by mutual agreement between the charging party and the respondent. An informal conference usually is conducted at a PERB regional office by a Board agent other than the one who investigated the charge. The Board agent assists the charging party and respondent in reaching a settlement agreeable to both parties. No records are made and neither party is forced to accept a settlement. If a settlement cannot be reached a formal hearing is scheduled.

Helpful Hints

• Before the conference, think about the merits of your case and decide what results would satisfy you.
• Come with an open mind and be prepared to enter into a meaningful discussion.
• Remember: if a compromise is reached at the Informal Conference, the case will be closed and no further action will be required of the parties.

A formal hearing is conducted by an administrative law judge (ALJ) who has not previously participated in the case. A formal hearing is like a court trial. Formal records are kept, and the ALJ, after taking testimony under oath from all relevant witnesses, issues a proposed written decision based on the evidence and legal argument presented by both parties. The parties to a formal hearing have the right to be represented by legal counsel and may request PERB to issue subpoenas for witnesses and documents. If you require legal assistance and advice, please contact your legal representative or the nearest County Bar Association for attorney referral services. A proposed decision is binding on the parties unless it is appealed to the Board itself within 20 days.

Helpful Hints

• The charging party must present evidence that proves the allegations contained in the complaint.
• Plan your case well in advance of the hearing. Know the questions you or your representative will ask and in what order your witnesses will be called.

If you wish to appeal the decision made by the administrative law judge, you may appeal to the Public Employment Relations Board itself. To appeal, you must file with the Board a written statement of exceptions. Pursuant to PERB Regulation 32300, the statement of exceptions must be filed with the Board itself within 20 days of service of this proposed decision (PERB Reg. 32135, subd. (a); see also PERB Reg. 32130.)  You must prepare a proof of service form and serve a copy of the statement of exceptions on the other party to the case.  Unrepresented individuals exempt from using the e-PERB Portal may file in person, by U.S. Mail, or by other delivery service the original appeal and proof of service in the headquarters office (address below) within 20 days after the decision of the administrative law judge. A proof of service form must accompany each copy of a document served upon a party.

Appeals Office
1031 18th Street
Sacramento, CA 95811-4124
(916) 322-8231

The statement of exceptions must be a single, integrated document that may be in the form of a brief and may contain tables of contents and authorities, but may not exceed 14,000 words, including footnotes, but excluding the tables of contents and authorities.  Requests to exceed the 14,000-word limit must establish good cause for exceeding the limit and be filed with the Board itself and served on all parties no later than five days before the statement of exceptions is due.  PERB Regulation 32300, subdivision (a), is specific as to what the statement of exceptions must contain.  The statement of exceptions shall:  (1) clearly and concisely state why the proposed decision is in error, (2) cite to the relevant exhibit or transcript page in the case record to support factual arguments, and (3) cite to relevant legal authority to support legal arguments.  Exceptions shall cite only to evidence in the record of the case and of which administrative notice may properly be taken.  (PERB Reg. 32300, subd. (c).)  Non-compliance with the requirements of PERB Regulation 32300 will result in the Board not considering such filing, absent good cause. (PERB Reg. 32300, subd. (d).)

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