On May 7, 2020, Governor Newsom issued Executive Order N-63-20 which extended the timelines of various statutes and regulations. With respect to PERB, the order “extended for a period of 60 days” the deadlines to request factfinding under the MMBA (Gov Code 3505.4(a)), EERA (Gov Code 3548.1) and HEERA (Gov Code 3591).
The order also suspended any statute or regulation that requires administrative hearings to be held in person as long as: 1) each participant can hear the proceeding and view any exhibits; 2) members of the public can observe the hearing electronically; and 3) the requirements of the ADA and Unruh Civil Rights Act are otherwise met.
Unfortunately, many public agencies throughout the State will be seeking economic concessions from labor unions in the coming months. Public agencies should remember that before they can impose any last, best, final offer they generally have to complete any required impasse proceedings. This order, while it remains in effect, means that those impasse proceedings could potentially extend 60 days.
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