Laws & Regulations

Notice of Approval of Regulatory Action – Electronic Filing

On January 14, 2021, the Office of Administrative Law approved OAL File Number 2020-1207-01. This rulemaking action implements procedures to allow for the electronic filing and service of case-related documents and to allow for the electronic signature of union authorization cards.

These regulatory changes mark the enactment of another priority recommendation from PERB’s Case Processing Efficiency Initiative. The proposed regulations update the Public Employment Relations Board’s rules that govern filing requirements, case processing, service of process, electronic signatures, as well as access and storage of case materials. In large part, these updates are intended to bring PERB in step with new case processing technologies, consolidate duplicative rules, fill procedural gaps, and simplify the Board’s procedures and processes for case adjudication in a way that make them more understandable to our non-attorney constituents.

The regulations became effective on February 15, 2021 and the text can be found here. The strikeout/underline text can be found here.

 

Laws

The Public Employment Relations Board (PERB) is a quasi-judicial agency which oversees public sector collective bargaining in California. PERB administers the collective bargaining statutes, ensures their consistent implementation and application, and adjudicates disputes between the parties subject to them. The statutes administered by PERB are:

EERAThe Educational Employment Relations Act (EERA) of 1976 establishing collective bargaining in California’s public schools (K-12) and community colleges.
Dills ActThe State Employer-Employee Relations Act of 1978, known as the Ralph C. Dills Act (Dills Act), establishing collective bargaining for state government employees.
HEERAThe Higher Education Employer-Employee Relations Act (HEERA) of 1979, extending the same coverage to the California State University System, the University of California System and Hastings College of Law.
MMBAThe Meyers-Milias-Brown Act (MMBA) of 1968 establishing collective bargaining for California’s municipal, county, and local special district employers and employees was brought under PERB’s jurisdiction pursuant to Senate Bill 739 (Chapter 901, Statutes of 2000), effective July 1, 2001. PERB’s jurisdiction over the MMBA excludes peace officers, management employees and the City and County of Los Angeles.
TEERAThe Los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act (TEERA) of 2003, covering supervisory employees of the transit agency.
Court Interpreter Act

Trial Court Act
Effective August 16, 2004, pursuant to Senate Bill 1102 (Chapter 227, Statutes of 2004), the Trial Court Employment Protection and Governance Act (Trial Court Act) and the Trial Court Interpreter Employment and Labor Relations Act (Court Interpreter Act) were brought under PERB’s jurisdiction.
JCEERAEffective January 1, 2018, pursuant to Assembly Bill 83 (Stats. 2017, Ch. 835), the Judicial Council Employer-Employee Relations Act (JCEERA) established collective bargaining for employees of the Judicial Council.
PECCWith the enactment of Assembly Bill 119 (Chapter 21, Statutes of 2017), the Legislature enacted the Public Employee Communication Chapter (PECC), which gives exclusive representatives of California’s public employees specific rights designed to provide them with meaningful access to, and the ability to effectively communicate with their represented members. PERB has jurisdiction to enforce the PECC.
PEDDWith the passage of Senate Bill 285 (Chapter 567, Statutes of 2017), the Legislature enacted the Prohibition on Public Employers Deterring or Discouraging Union Membership (PEDD).  The PEDD makes it unlawful for public employers to 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. PERB has jurisdiction to enforce the PEDD.
CCPAThe Building a Better Early Care and Education System Act of 2019, known as the Childcare Provider Act (CCPA), establishes collective bargaining for family childcare providers who participate in a state-funded early care and education program.
OCTDAAssembly Bill 355 (Chapter 713, Statutes of 2019) added sections 40122.1 and 40122.2 to the Orange County Transit Act in the Public Utilities Code giving PERB jurisdiction over unfair practice charges for the Orange County Transportation Authority.
BART ActAssembly Bill 2850 (Chapter 293, Statutes of 2020) gives PERB jurisdiction over disputes relating to employer-employee relations of the San Francisco Bay Area Rapid Transit District (BART).

 

Regulations

The following link will take you to the online California Code of Regulations maintained and updated by the California Office of Administrative Law: Regulations of the Public Employment Relations Board as of February 15, 2021.

For a PDF version of PERB’s regulations, click here or go to https://perb.ca.gov/wp-content/uploads/PERB-Regulations.pdf 

DISCLAIMER

The Public Employment Relations Board maintains this web site to enhance public access to PERB’s information. This is a service that is continually under development. While we try to keep the information timely and accurate, we make no guarantees. We will make an effort to correct errors brought to our attention. Persons utilizing this site are encouraged to verify the text of statutes and regulations using official publications of the State of California.