PERB Invites Comments on Proposed Filing Regulations

PERB has invited public comments on proposed regulations that update PERB’s rules governing filing requirements, case processing, service of process, as well as access and storage of case materials. According to the Initial Statement of Reasons, “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.” Comments on the proposed regulations are due to the Board by Monday, November 30, 2020. More information on the proposed regulations and…

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Governor Signs AB 2850; Vetoes AB 2114

On September 29, 2020, Governor Newsom took action on the two bills affecting PERB. AB 2850: The Governor signed this bill into law. AB 2850 brings the Bay Area Rapid Transit District (BART) under PERB’s jurisdiction. AB 2114: The Governor vetoed this bill. Here is his veto message: To the Members of the California State Assembly:I am returning Assembly Bill 2114 without my signature. This bill would require certain higher education employers to provide anarbitration or hearing officer process to challenge a termination of employment or a disciplinary action for medical and dental interns and residents. The bill excludes disciplinary actions…

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PERB Bills Awaiting Action by Governor

To my knowledge there are two bills awaiting action by the Governor that affect PERB: AB 2850: Brings the Bay Area Rapid Transit District (BART) under PERB’s jurisdiction. As introduced, this bill would have placed BART fully under the Meyers-Milias-Brown Act. However, the bill was amended to keep BART under its own statutory scheme but to place it under PERB’s jurisdiction for enforcement. AB 2114: Amends HEERA to allow medical residents to appeal disciplinary actions that are not based on academic or clinical matters to an impartial arbitrator. The Governor has until September 30, 2020, to sign or veto these…

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PERB Launches Electronic Filing System

The Public Employment Relations Board has launched a new electronic filing and case management system. The "ePERB Portal" provides an additional way to initiate new cases, file and access documents in existing cases, and can check the status of any matter pending before PERB. Note, case records predating November 1, 2019 are still not fully digitized and accessible on ePERB. To use the ePERB Portal you have to sign up for a free account here. However, individuals without an account can still check the "docket" and scheduled events for cases. While the ePERB Portal will quickly become the preferred method…

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PERB End of Fiscal Year Numbers for 2019-20

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Overview: PERB issued 101 decisions

PERB’s fiscal year ended on June 30. According to PERB’s website, PERB issued 101 decisions which was the most decisions issued since fiscal year 2004-05. More details on the year will be included in PERB’s annual report which is due on October 15, 2020. Until then, I have some addition numbers that might be of interest to practitioners

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