PERB Moves Forward on Regulatory Packages

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Update on Regulatory Packages

At its meeting on December 12, 2019, PERB’s Board instructed staff to move forward with its EFile regulations. The Board had previously instructed staff to move forward with proposed regulations on the State Mediation and Conciliation Service, continuances, and recusals. Once staff have prepared these regulatory packages they will be sent to the Office of Administrative Law to begin the formal process under the Administrative Procedure Act.

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PERB Invites Comments on Revised EFile Regulations

PERB has invited public comments on its revised EFile regulations to be considered at its December 12, 2019 meeting. The draft regulatory package can be found here. PERB is asking that stakeholders provide comments in person at its meeting on December 12, 2019, or preferably in writing before that date.

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Initial Thoughts on PERB’s Proposed Regulations

Since my last post PERB has added two more regulatory packages for consideration at its June 13, 2019 meeting. There are now a total of five: 1) exceptions; 2) recusal; 3) subpoenas and motions; 4) e-filing; and 5) SMCS. The proposed regulations are substantial and I encourage practitioners to take some time to review them. Overall, I think the regulations are well-written and will provide much needed guidance in these areas. Because I may not be able to attend the meeting on June 13, I prepared extensive written comments to the Board. My letter to the Board is available by clicking this link: 2019-06-04…

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PERB Invites Comments on Regulatory Packages

PERB has published draft regulatory packages in three areas: 1) filing of exceptions; 2) standards for recusal of PERB personnel; and 3) subpoenas and motions. The draft regulatory packages can be found here. PERB is asking that stakeholders provide comments in person at its meeting on June 13, 2019, or in writing before that date. The proposed regulations are substantial and significant and are definitely worth taking the time to review.  I hope to have some initial comments on the draft regulations soon....

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PERB: Reconsideration Not Available for Appeals from Dismissals

Berkeley Federation of Teachers, Local 1078 (2015) PERB Decision No. 2405-Ea (Issued on 4/29/15)

There are two basic ways an unfair practice charge gets before the Board.  First, an unfair practice charge can be dismissed by the Board agent at the initial review stage and then “appealed” to the Board.  Second, an unfair practice charge can result in a complaint which then results in a proposed decision by an administrative law judge.  “Exceptions” can then be taken from the proposed decision to the Board.  So there are basically two types of unfair practice cases before the Board: appeals and exceptions. As the Board notes in this decision, “Exceptions to proposed decisions and review of dismissals arise from two procedurally distinct regulatory tracks.”

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