Rulemaking: Special Remedies under the Public Employee Communication Chapter and the Prohibition on Public Employers Deterring or Discouraging Union Membership

Notice of Approval of Proposed Regulatory Action

In this rulemaking action, the Public Employment Relations Board promulgates rules for resolving special remedies claims before it. OAL approved this regulatory action pursuant to section 11349.3 of the Government Code.

This regulatory action becomes effective on 7/1/2024.

Notice of Approval and Text of the Regulations – contains information about the regulatory changes, effective date and the text of the regulation.

Notice of Proposed Regulatory Action – Civil Penalties: Violations of Government Code 3550 – Notice File Number Z2023-1026-01

The Board proposes to adopt new sections 32095, 32610.2 and 32611.8. Section 32095 defines the term “special remedies.” Section 32610.2 informs public employers and labor organizations of the preconditions for filing an unfair practice charge at PERB alleging a violation of Government Code section 3558. Section 32611.8 provides the procedures for PERB to adjudicate issues regarding an award of special remedies related to claims filed under Government Code sections 3550 and 3558.

Any interested person, or his or her authorized representative, may submit written comments relevant to the proposed regulatory action to the Board. Comments may also be submitted by facsimile (FAX) at (916) 327-6377 or by e-mail at The written comment period closed on December 26, 2023, which is 46 days after the publication of this notice. The Board will only consider comments received at the Board offices by that time. Submit written comments to:

Jeremy Zeitlin, Senior Regional Attorney
Public Employment Relations Board
Elihu M. Harris State Office Building
1515 Clay St., Suite 2206
Oakland, CA 94612
1031 18th Street
(415) 654-2358

Notice of Proposed Regulatory Action – contains information about the proposed regulatory changes and procedural information.
Express Terms of the Proposed Regulatory Text – the text of the proposed regulation.

Initial Statement of Reasons – explains the reasons why the proposed regulatory changes are being made.

Preliminary Rulemaking Activity – The Board approved updated rulemaking language to include the Prohibition on Public Employers Deterring or Discouraging Union Membership remedies (added by SB 931) at the December 8, 2022 Board meeting. PERB staff is preparing background materials in preparation of initiating the formal rulemaking process with the Office of Administrative Law.