Category: Regulations

<!-- Decorative image --> PERB Constituent Survey
PERB Constituent Survey

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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<!-- Decorative image --> Board To Consider Changes To Expedited Case Processing Regulation
Board To Consider Changes To Expedited Case Processing Regulation

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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New Filing Regulations Effective February 15, 2021

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The Office of Administrative Law has approved PERB’s proposed regulations that will allow for the electronic filing and service of case-related documents and to allow for the electronic signature of union authorization cards. The new regulations become effective on February 15, 2021, and the text of the regulations can be found here.

According to PERB, notable changes in the regulations include:

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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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New Regulations Effective April 1st

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The Office of Administrative Law has approved PERB’s proposed regulations implementing the Public Employees Communication Chapter (PECC) (Gov. Code, sec. 3555 et seq.), the Prohibition on Public Employers Deterring or Discouraging Union Membership chapter (PEDD) (Gov. Code, sec. 3550 et seq.), and making changes to the Board’s existing regulation concerning the designation of precedential decisions. The regulations are effective April 1, 2020.

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