New PERB Regs Effective 1/1/22

Effective January 1, 2022, new PERB regulations are going into effect regarding: (1) the circumstances requiring Board members and employees to recuse themselves from proceedings; (2) the filing of exceptions to Proposed Decisions; (3) the use of subpoenas and motions in formal hearings; and (4) standards for obtaining continuances of a formal hearing. The text of the new regulations can be found here. Here are some of the highlights of the new regulations: Subpoenas: The regulations now distinguish between a "testimonial subpoena" and a "records subpoena" and, for the first time, provide timelines for the service of subpoenas. There are…

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Governor Signs AB 237: Mandates Continuation of Health Insurance for Striking Employees

On October 9, 2021, the Governor signed AB 237 which makes it an unfair practice for an employer to discontinue its health insurance premium contribution for a striking employee. AB 237 covers any "authorized strike" which is defined as a strike sanctioned by the relevant central labor council or the membership of the union representing the striking employees. So a wildcat strike is not covered. Where there is a sanctioned strike, AB 237 requires the employer to treat the striking employees as if they are working for purposes of any contributions towards health care or other medical coverage. Comments: As…

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Board To Consider Changes To Expedited Case Processing Regulation

The Board will discuss proposed revisions to PERB regulation 32147, related to expedited cases, at its October 14, 2021, Board meeting. The text of the proposed draft is available here. PERB is inviting members of the public to comment during PERB’s regularly scheduled Board meeting of October 14, 2021, or in writing prior to or during the meeting. More details can be found on PERB's website here. Currently, PERB Reg 32147 allows PERB to expedite "any case that presents an important question of law or policy under any statute administered by the Board, the early resolution of which is likely…

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PERB Cases Pending in the Courts of Appeal

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In November 2019, I created a list of all the PERB decisions being challenged in the courts of appeal. Back then there were 17 cases on appeal. Today there are 13 cases on appeal. In my opinion, the fewer cases on appeal is a function of PERB issuing fewer decisions and not that they are being challenged less. Consider that in January 2020, there were 40 cases on the Board’s docket. As of August 20, 2021, there are only 16. My speculation is that the percentage of Board decisions being challenged remains as high as ever.

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PERB Constituent Survey

In 2017, PERB launched a Case Processing Efficiencies Initiative to find ways to streamline its processes and procedures. The goal was to reduce PERB's backlog of cases. Since then the Board has implemented many of the key recommendations from the Initiative while others are awaiting regulatory approval. PERB is now asking constituents to take a survey to receive feedback on the improvements that have been made, as well as identify other areas that may need attention. The announcement of the survey is here. Click here for the actual survey.

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