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More on Proposed AB 646 Regulations

At its meeting on December 8, 2011, the Board will consider proposed emergency regulations implementing AB 646.  (The proposed emergency regulations can be found here.)  Under California law, state agency regulations must go through a review process by the Office of  Administrative Law (OAL).  Where there is an “emergency” the OAL review process be can truncated.  So assuming the Board votes to move forward on the 8th, what happens next? At least five working days before submitting the emergency regulations to OAL, PERB must provide notice of its proposed emergency regulations by sending the finding of emergency, the text of the regulations, and other required information to all interested…

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PERB Releases Proposed AB 646 Regulations

Late today PERB released its final proposed regulations implementing AB 646.  (Click here for the text of the proposed regulations.)  The full Board is scheduled to consider the regulations on December 8, 2011. The great news is that PERB has proposed an outer time limit for an employee organization to request fact-finding.  Under the proposed regulations, if the parties participate in mediation, the employee organization must request fact-finding no sooner than 30 days, but no later than 45 days, after the appointment of the mediator.  If the parties do not participate in mediation, the employee organization must request fact-finding no later than 30 days…

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PERB Advisory Committee Update

I was able to attend the PERB Advisory Committee Meeting on Tuesday, November 29th.  Virtually PERB’s entire staff from all the regional offices was in attendance, so it was great to be able to meet people whose names I see all the time.  The advisory committee is open to everyone so I would certainly encourage PERB practitioners to attend any future meetings.  It's a great opportunity to meet PERB staff and fellow practitioners. PERB Staff Reports PERB staff gave several updates at the Advisory Committee Meeting.  Here are some very brief points from each update: Administrative Report:  PERB is cautiously…

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PERB Issues 2010-11 Annual Report

PERB recently released its annual report for fiscal year 2010-2011. (The report is available here.) Here are some of the highlights for the 2010-2010 fiscal year: Unfair Practice Charges 744 unfair practice charges (UPCs) were filed in fiscal year 2010-11.  This represents a 7.2% decrease from fiscal year 2009-10 in which 802 UPC’s were filed.  That’s the second year in a row that PERB saw a 7% decrease in the filing of UPC’s.  The 744 figure for 2010-11 is the lowest number of UPCs filed since the 2001-02 fiscal year when 740 UPC’s were filed.  The 2001-02 fiscal year was…

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PERB Advisory Committee to Meet on November 29

The Labor & Employment Law Section of the Sacramento County Bar Association recently sponsored a luncheon featuring PERB Chair Anita Martinez, PERB Member Eugene Huguenin, and PERB General Counsel Suzanne Murphy.  Among the interesting information presented: PERB is strongly considering adopting emergency regulations to implement MMBA factfinding per AB 646; PERB is also considering adopting regulations (through non-emergency procedures) to implement other recently enacted changes to its statutes, including AB 501 which brings certain JPAs under PERB’s authority; As a prelude to potential rulemaking, there will be a PERB Advisory Committee meeting Tuesday, November 29 at 10:00 am at the PERB…

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