SECTIONS 71630-71639.5

71630.  (a) It is the purpose of this article to promote fullcommunication between trial courts and their employees by providing areasonable method for resolving disputes regarding wages, hours, andother terms and conditions of employment between trial courts andrecognized employee organizations. It is also the purpose of thisarticle to promote the improvement of personnel management andemployer-employee relations within the trial courts in the state byproviding a uniform basis for recognizing the right of trial courtemployees to join organizations of their own choice and to berepresented by those organizations in their employment relations withtrial courts. It is also the purpose of this article to extend totrial court employees the right, and to require trial courts, to meetand confer in good faith over matters within the scope ofrepresentation, consistent with the procedures set forth in thisarticle. This article is not intended to require changes in existingrepresentation units, memoranda of agreement or understanding, orcourt rules, except as provided in this article. (b) The Legislature finds and declares that the duties andresponsibilities of trial court representatives under this articleare substantially similar to the duties and responsibilities requiredunder existing collective bargaining enforcement procedures andtherefore the costs incurred by the trial court representatives inperforming those duties and responsibilities under this article arenot reimbursable as state-mandated costs.71631.  Except as otherwise provided by the Legislature, trial courtemployees shall have the right to form, join, and participate in theactivities of employee organizations of their own choosing for thepurpose of representation on all matters of employer-employeerelations. Trial court employees also shall have the right to refuseto join or participate in the activities of employee organizationsand shall have the right to represent themselves individually intheir employment relations with the trial court.71632.  (a) Notwithstanding any other provision of law, rule, orregulation, an agency shop agreement may be negotiated between atrial court and a recognized employee organization which has beenrecognized as the exclusive or majority bargaining agent pursuant toreasonable rules and regulations, and enactments, in accordance withthis article. As used in this article, "agency shop" means anarrangement that requires an employee, as a condition of continuedemployment, either to join the recognized employee organization, orto pay the organization a service fee in an amount not to exceed thestandard initiation fee, periodic dues, and general assessments ofthat organization for the duration of the agreement or a period ofthree years from the effective date of the agreement, whichever comesfirst. However, any employee who is a member of a bona fidereligion, body, or sect which has historically held conscientiousobjections to joining or financially supporting recognized employeeorganizations shall not be required to join or financially supportany recognized employee organization as a condition of employment.Such an employee may be required, in lieu of periodic dues,initiation fees, or agency shop fees to pay sums equal to those dues,initiation fees, or agency shop fees to a nonreligious, nonlaborcharitable organization fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the employee from alist of at least three such funds designated in a memorandum ofunderstanding or agreement between the trial court and the recognizedemployee organization, or if the memorandum of understanding oragreement fails to designate such funds, then to any such fund chosenby the employee. Proof of those payments shall be made on a monthlybasis to the trial court as a condition of continued exemption fromthe requirement of financial support to the recognized employeeorganization. (b) An agency shop provision in a memorandum of understanding oragreement which is in effect may be rescinded by a majority vote ofall the employees in the unit covered by the memorandum ofunderstanding or agreement, provided that: (1) a request for such avote is supported by a petition containing the signatures of at least30 percent of the employees in the unit; (2) the vote is by secretballot; and (3) the vote may be taken at anytime during the term ofsuch memorandum of understanding or agreement, but in no event shallthere be more than one vote taken during that term. However, thetrial court and the recognized employee organization may negotiate,and by mutual agreement provide for, an alternative procedure orprocedures regarding a vote on any agency shop agreement. (c) An agency shop agreement shall not apply to management,confidential, or supervisory employees. (d) Every recognized employee organization which has agreed to anagency shop provision shall keep an adequate itemized record of itsfinancial transactions and shall make available annually, to thetrial court with which the agency shop provision was negotiated, andto the employees who are members of the organization, within 60 daysafter the end of its fiscal year, a detailed written financial reportthereof in the form of a balance sheet and an operating statement,certified as to accuracy by its president and treasurer orcorresponding principal officer, or by a certified public accountant.An employee organization required to file financial reports underthe federal Labor-Management Disclosure Act of 1959 coveringemployees governed by this chapter or required to file financialreports under Section 3546.5, may satisfy the financial reportingrequirement of this section by providing the trial court with a copyof those financial reports. (e) If the trial court is party to any memorandum of understandingor agreement with any bargaining unit that includes court employeesthat provides for an agency shop provision as of the implementationdate of this chapter, the trial court and employee organizationrepresenting the trial court employees shall be obligated to honorthe terms of the agency shop provision, including indemnificationprovisions, if any, for the duration of the memorandum ofunderstanding or agreement. A new agency shop election shall not becaused upon implementation of this chapter. (f) This section shall remain in effect until such time as Section3502.5 is amended to provide that a 30-percent or greater showing ofinterest by means of a petition requires an election regarding anagency shop, and a vote at that election of 50 percent plus one ofthose voting secures an agency shop arrangement, and as of that datethis section is repealed.71632.5.  (a) Notwithstanding any other provision of law, rule, orregulation, an agency shop agreement may be negotiated between atrial court and a recognized employee organization that has beenrecognized as the exclusive or majority bargaining agent pursuant toreasonable rules and regulations, and enactments, in accordance withthis article. As used in this article, "agency shop" means anarrangement that requires an employee, as a condition of continuedemployment, either to join the recognized employee organization, orto pay the organization a service fee in an amount not to exceed thestandard initiation fee, periodic dues, and general assessments ofthat organization for the duration of the agreement or a period ofthree years from the effective date of the agreement, whichever comesfirst. However, any employee who is a member of a bona fidereligion, body, or sect that has historically held conscientiousobjections to joining or financially supporting recognized employeeorganizations shall not be required to join or financially supportany recognized employee organization as a condition of employment.That employee may be required, in lieu of periodic dues, initiationfees, or agency shop fees to pay sums equal to those dues, initiationfees, or agency shop fees to a nonreligious, nonlabor charitableorganization fund exempt from taxation under Section 501 (c)(3) ofthe Internal Revenue Code, chosen by the employee from a list of atleast three funds, designated in a memorandum of understanding oragreement between the trial court and the recognized employeeorganization, or if the memorandum of understanding or agreementfails to designate any funds, then to any fund chosen by theemployee. Proof of those payments shall be made on a monthly basis tothe trial court as a condition of continued exemption from therequirement of financial support to the recognized employeeorganization. (b) An agency shop provision in a memorandum of understanding oragreement which is in effect may be rescinded by a majority vote ofall the employees in the unit covered by the memorandum ofunderstanding or agreement, provided that (1) a request for the voteis supported by a petition containing the signatures of at least 30percent of the employees in the unit; (2) the vote is by secretballot; and (3) the vote may be taken at any time during the term ofthe memorandum of understanding or agreement, but in no event shallthere be more than one vote taken during that term. (c) In addition to the procedure prescribed in subdivision (a), anagency shop arrangement between the trial court and a recognizedemployee organization or recognized employee organizations shall beplaced in effect, without a negotiated agreement, upon (1) a signedpetition of at least 30 percent of the employees in the applicablebargaining unit requesting an agency shop agreement and an electionto implement an agency fee arrangement, and (2) the approval of amajority of employees who cast ballots and vote in a secret ballotelection in favor of the agency shop agreement. The petition may onlybe filed after the recognized employee organization has requestedthe trial court to negotiate on an agency shop arrangement and,beginning seven working days after the trial court received thisrequest, the two parties have had 30 calendar days to attempt goodfaith negotiations in an effort to reach agreement. An election, thatmay not be held more frequently than once a year, shall be conductedby the Division of Conciliation of the Department of IndustrialRelations in the event that the trial court and the recognizedemployee organization cannot agree within 10 days from the filing ofthe petition to select jointly a neutral person or entity to conductthe election. In the event of an agency fee arrangement outside of anagreement that was in effect on January 1, 2002, the recognizedemployee organization shall defend, indemnify, and hold the trialcourt harmless against any liability arising from any claims,demands, or other action relating to the trial court's compliancewith the agency fee obligation. Upon notification to the trial courtby the recognized employee organization, the amount of the fee shallbe deducted by the trial court from the wages or salary of theemployee and paid to the employee organization. This subdivisionshall be applicable on the operative date of this section, exceptthat if a memorandum of understanding or agreement between the trialcourt and a recognized employee organization was in effect beforeJanuary 1, 2002, as to the employees covered by the memorandum ofunderstanding or agreement, the implementation date of thissubdivision shall be either the date a successor memorandum ofunderstanding or agreement is effective or, if no agreement for asuccessor memorandum of understanding or agreement is reached, 90days from the date of the expiration of the predecessor memorandum ofunderstanding or agreement. The trial court and representatives ofrecognized employee organizations may mutually agree to a differentdate on which this subdivision is applicable. (d) Notwithstanding subdivisions (a), (b), and (c), the trialcourt and the recognized employee organization may negotiate, and bymutual agreement provide for, an alternative procedure or proceduresregarding a vote on any agency shop agreement. (e) An agency shop agreement or arrangement does not apply tomanagement, confidential, or supervisory employees. If thoseemployees nonetheless choose to join the recognized employeeorganization and pay dues or pay the organization a service fee,Section 71638 shall apply to those employees, and the trial courtshall administer deductions for which the recognized employeeorganization shall defend, indemnify, and hold the trial courtharmless. (f) Every recognized employee organization that has agreed to anagency shop provision, or is a party to an agency shop arrangement,shall keep an adequate itemized record of its financial transactionsand shall make available annually, to the trial court with which theagency shop provision was negotiated, and to the employees who aremembers of the organization, within 60 days after the end of itsfiscal year, a detailed written financial report thereof in the formof a balance sheet and an operating statement, certified as toaccuracy by its president and treasurer or corresponding principalofficer, or by a certified public accountant. An employeeorganization required to file financial reports under the federalLabor-Management Disclosure Act of 1959 covering employees governedby this chapter or required to file financial reports under Section3546.5, may satisfy the financial reporting requirement of thissection by providing the trial court with a copy of those financialreports. (g) This section shall become operative only if Section 3502.5 isamended to provide that a 30-percent or greater showing of interestby means of a petition requires an election regarding an agency shop,and a vote at that election of 50 percent plus one of those votingsecures an agency shop arrangement. (h) A trial court may not offer employees inducements or benefitsof any kind in return for employees opposing or rescinding an agencyshop arrangement.71632.6.  If the trial court is party to any memorandum ofunderstanding or agreement with any bargaining unit that includescourt employees that provides for an agency shop provision as of theimplementation date of this chapter, the trial court and employeeorganization representing the trial court employees shall beobligated to honor the terms of the agency shop provision, includingindemnification provisions, if any, for the duration of thememorandum of understanding or agreement. The implementation of thischapter shall not be a cause for a new agency shop election.71633.  Recognized employee organizations shall have the right torepresent their members in their employment relations with trialcourts as to matters covered by this article. Employee organizationsmay establish reasonable restrictions regarding who may join and maymake reasonable provisions for the dismissal of individuals frommembership. Nothing in this article shall prohibit any employee fromappearing on his or her own behalf regarding employment relationswith the trial court.71634.  (a) The scope of representation shall include all mattersrelating to employment conditions and employer-employee relations,including, but not limited to, wages, hours, and other terms andconditions of employment. However, the scope of representation shallnot include consideration of the merits, necessity, or organizationof any service or activity provided by law or executive order. (b) In view of the unique and special responsibilities of thetrial courts in the administration of justice, decisions regardingthe following matters shall not be included within the scope ofrepresentation: (1) The merits and administration of the trial court system. (2) Coordination, consolidation, and merger of trial courts andsupport staff. (3) Automation, including, but not limited to, fax filing,electronic recording, and implementation of information systems. (4) Design, construction, and location of court facilities. (5) Delivery of court services. (6) Hours of operation of the trial courts and trial court system. (c) The impact from matters in subdivision (b) shall be includedwithin the scope of representation as those matters affect wages,hours, and terms and conditions of employment of trial courtemployees. The court shall be required to meet and confer in goodfaith with respect to that impact. (d) The trial court shall continue to have the right to determineassignments and transfers of trial court employees; provided that theprocess, procedures, and criteria for assignments and transfersshall be included within the scope of representation.71634.1.  (a) Except in cases of emergency as provided in thissection, the trial court shall give reasonable written notice to eachrecognized employee organization affected by any rule, practice, orpolicy directly relating to matters within the scope ofrepresentation proposed to be adopted by the trial court and shallgive each such recognized employee organization the opportunity tomeet with the trial court. (b) In cases of emergency when the trial court determines that anyrule, policy, or procedure must be adopted immediately without priornotice or meeting with a recognized employee organization, the trialcourt shall provide such notice and opportunity to meet at theearliest practicable time following the adoption of the rule, policy,or procedure.71634.2.  (a) The trial court, or those representatives as it maydesignate, shall meet and confer in good faith regarding wages,hours, and other terms and conditions of employment within the scopeof representation, as defined in Section 71634, with representativesof the recognized employee organizations, as defined in Section71611, and shall consider fully the presentations as are made by therecognized employee organization on behalf of its members prior toarriving at a determination of policy or course of action. (b) In fulfilling the requirements of subdivision (a), the courtand the county may consult with each other, may negotiate jointly,and each may designate the other in writing as its agent on anymatters within the scope of representation.71634.3.  If agreement is reached by the representatives of thetrial court and a recognized employee organization or organizations,they shall jointly prepare a written memorandum of the agreement orunderstanding, which shall not be binding, and present it to thetrial court or its designee for determination.71634.4.  If after a reasonable period of time, representatives ofthe trial court and the recognized employee organization fail toreach agreement, the trial court and the recognized employeeorganization or recognized employee organizations together may agreeupon the appointment of a mediator mutually agreeable to the parties.Costs of mediation, if any, shall be divided one-half to the trialcourt and one-half to the recognized employee organization orrecognized employee organizations.71635.  The trial court shall allow a reasonable number of trialcourt employee representatives of recognized employee organizationsreasonable time off, without loss of compensation or other benefits,when formally meeting and conferring with representatives of thetrial court on matters within the scope of representation.71635.1.  Trial courts and employee organizations shall notinterfere with, intimidate, restrain, coerce, or discriminate againstcourt employees because of their exercise of their rights underSection 71631.71636.  (a) A trial court may adopt reasonable rules andregulations, after consultation in good faith with representatives ofa recognized employee organization or organizations, for theadministration of employer-employee relations under this article.These rules and regulations may include provisions for: (1) Verifying that an organization does in fact representemployees of the trial court. (2) Verifying the official status of employee organizationofficers and representatives. (3) Recognition of employee organizations. (4) Exclusive recognition of employee organizations formallyrecognized pursuant to a vote of the employees of the trial court oran appropriate unit thereof, subject to the right of an employee torepresent himself or herself as provided in Section 71631. (5) Additional procedures for the resolution of disputes involvingwages, hours, and other terms and conditions of employment. (6) Access of employee organization officers and representativesto work locations. (7) Use of official bulletin boards and other means ofcommunication by employee organizations. (8) Furnishing nonconfidential information pertaining toemployment relations to employee organizations. (9) Any other matters as are necessary to carry out the purposesof this article. (b) Exclusive recognition of employee organizations formallyrecognized as majority representatives pursuant to a vote of theemployees may be revoked by a majority vote of the employees onlyafter a period of not less than 12 months following the date ofrecognition. (c) No trial court shall unreasonably withhold recognition ofemployee organizations. A trial court may not offer to provideemployees benefits of any kind for the purpose of inducing thoseemployees to decertify or withdraw support from a recognized employeeorganization. (d) Pursuant to the obligation to meet and confer in good faith,the trial court shall establish procedures to determine theappropriateness of any bargaining unit of court employees. (e) Trial court employees and employee organizations shall be ableto challenge a rule or regulation of a trial court as a violation ofthis chapter.71636.1.  In the absence of local procedures for resolving disputeson the appropriateness of a unit of representation, upon the requestof any of the parties, the dispute shall be submitted to the Divisionof Conciliation of the Department of Industrial Relations for themediation or for recommendation for resolving the dispute.71636.3.  (a) Unit determinations and representation elections shallbe determined and processed in accordance with rules adopted by atrial court in accordance with this chapter. In a representationelection, a majority of the votes cast by the employees in theappropriate bargaining unit shall be required. (b) Notwithstanding subdivision (a) and rules adopted by a trialcourt pursuant to Section 71636, a bargaining unit in effect as ofJanuary 1, 2002, shall continue in effect unless changed under therules adopted by the trial court pursuant to Section 71636. (c) A trial court shall grant exclusive or majority recognition toan employee organization based on a signed petition, authorizationcards, or union membership cards showing that a majority of theemployees in an appropriate bargaining unit desire therepresentation, unless another labor organization has previously beenlawfully recognized as exclusive or majority representative of allor part of the same unit. Exclusive or majority representation shallbe determined by a neutral third party, selected by the trial courtand the employee organization, who shall review the signed petition,authorization cards, or union membership cards to verify theexclusive or majority status of the employee organization. If thetrial court and the employee organization cannot agree on a neutralthird party, the Division of Conciliation of the Department ofIndustrial Relations shall be the neutral third party and shallverify the exclusive or majority status of the employee organization.If the neutral third party determines, based on a signed petition,authorization cards, or union membership cards, that a second labororganization has the support of at least 30 percent of the employeesin the unit in which recognition is sought, the neutral third partyshall order an election to establish which labor organization, ifany, has majority status.71637.  (a) For purposes of this article, professional employeesshall not be denied the right to be represented separately fromnonprofessional employees by a professional employee organizationconsisting of those professional employees. In the event of a disputeon the appropriateness of a unit of representation for professionalemployees, upon request of any of the parties, the dispute shall besubmitted to the Division of Conciliation of the Department ofIndustrial Relations for mediation or for recommendation forresolving the dispute. (b) For the purpose of this section, "professional employees"means employees engaged in work requiring specialized knowledge andskills attained through completion of a recognized course ofinstruction, including, but not limited to, attorneys.71637.1.  For purposes of this article, in addition to those rulesand regulations that a trial court may adopt pursuant to, and in thesame manner as set forth in, Section 71636, any trial court may adoptreasonable rules and regulations providing for designation of themanagement and confidential employees of the trial court andrestricting those employees from representing any employeeorganization that represents other employees of the trial court, onmatters within the scope of representation. Except as specificallyprovided otherwise in this article, this section does not otherwiselimit the right of employees to be members of, and to hold office in,an employee organization.71638.  A trial court employee shall have the right to authorize adues deduction from his or her salary or wages in the same mannerprovided to public agency employees pursuant to Section 1157.1,1157.2, 1157.3, 1157.4, 1157.5, or 1157.7.71639.  (a) As of the implementation date of this chapter, anemployee organization that is recognized as a representative of agroup of trial court employees or the exclusive representative of anestablished bargaining unit of trial court employees, either by thecounty or the trial court, shall continue to be recognized by thetrial court as a representative or the exclusive representative ofthe same trial court employees. A trial court and recognized employeeorganization shall be bound by the terms of any memorandum ofunderstanding or agreement covering trial court employees to whichthe trial court or the county is a party that is in effect on theimplementation date of this chapter for the duration thereof, oruntil it expires and, consistent with law, is replaced by a successormemorandum of understanding or agreement, subject to the obligationto meet and confer in good faith. Upon expiration of a memorandum ofunderstanding or agreement, the trial court shall meet and confer ingood faith with recognized employee organizations. (b) A trial court's local rules governing trial court employeesand a trial court's personnel rules, policies, and practices, and anycounty rules in effect pursuant to former Rule 2205 of theCalifornia Rules of Court as adopted on April 23, 1997, in effect atthe time of the implementation date of this chapter, to the extentthey are not contrary to or inconsistent with the obligations andduties provided for in this article, shall continue in effect untilchanged by the trial court. Prior to changing any rule, policy, orpractice that affects any matter within the scope of representationas set forth in this article, the court shall meet and confer in goodfaith with the recognized employee organization as provided for inthis chapter. (c) Nothing contained in this article is intended to precludetrial court employees from continuing to be included inrepresentation units which contain county employees.71639.1.  (a) As used in this article, "board" means the PublicEmployment Relations Board established pursuant to Section 3541. (b) The powers and duties of the board described in Section 3541.3shall also apply, as appropriate, to this article and shall includethe authority as set forth in subdivisions (c) and (d). Includedamong the appropriate powers of the board are the power to orderelections, to conduct any election the board orders, and to adoptrules to apply in areas where a trial court has no rule. (c) A complaint alleging any violation of this article or of anyrules and regulations adopted by a trial court pursuant to Section71636 shall be processed as an unfair practice charge by the board.The initial determination as to whether the charge of unfair practiceis justified and, if so, the appropriate remedy necessary toeffectuate the purposes of this article, shall be a matter within theexclusive jurisdiction of the board. The board shall apply andinterpret unfair labor practices consistent with existing judicialinterpretations of this article and Section 71639.3. The board shallnot issue a complaint in respect of any charge based upon an allegedunfair practice occurring more than six months prior to the filing ofthe charge, except that if the rules and regulations adopted by atrial court require exhaustion of a remedy prior to filing an unfairpractice charge or the charging party chooses to exhaust a trialcourt's remedy prior to filing an unfair practice charge, thesix-month limitation set forth in this subsection shall be tolledduring such reasonable amount of time it takes the charging party toexhaust the remedy, but nothing herein shall require a charging partyto exhaust a remedy when that remedy would be futile. (d) The board shall enforce and apply rules adopted by a trialcourt concerning unit determinations, representation, recognition,and elections. (e) This section does not apply to employees designated asmanagement employees under Section 71637.1. (f) The board shall not find it an unfair practice for an employeeorganization to violate a rule or regulation adopted by a trialcourt if that rule or regulation is itself in violation of thisarticle.71639.2.  The enactment of this article shall not be construed asmaking Section 923 of the Labor Code applicable to trial courtemployees.71639.3.  Trial courts and trial court employees are not covered byChapter 10 (commencing with Section 3500) of Division 4 of Title 1,or any subsequent changes to these sections except as provided inthis article. However, where the language of this article is the sameor substantially the same as that contained in Chapter 10(commencing with Section 3500) of Division 4 of Title 1, it shall beinterpreted and applied in accordance with the judicialinterpretations of the same language.71639.4.  (a) Any charging party, respondent, or intervenoraggrieved by a final decision or order of the board in an unfairpractice case, except a decision of the board not to issue acomplaint in such a case, and any party to a final decision or orderof the board in a unit determination, representation, recognition, orelection matter that is not brought as an unfair practice case, maypetition for a writ of extraordinary relief from that decision ororder. A board order directing an election may not be stayed pendingjudicial review. (b) A petition for a writ of extraordinary relief shall be filedin the district court of appeal having jurisdiction over the countywhere the events giving rise to the decision or order occurred. Thepetition shall be filed within 30 days from the date of the issuanceof the board's final decision or order, or order denyingreconsideration, as applicable. Upon the filing of the petition, thecourt shall cause notice to be served upon the board and thereaftershall have jurisdiction of the proceeding. The board shall file inthe court the record of the proceeding, certified by the board,within 10 days after the clerk's notice unless that time is extendedby the court for good cause shown. The court shall have jurisdictionto grant any temporary relief or restraining order it deems just andproper, and in like manner to make and enter a decree enforcing,modifying, and enforcing as modified, or setting aside in whole or inpart the decision or order of the board. The findings of the boardwith respect to questions of fact, including ultimate facts, ifsupported by substantial evidence on the record considered as awhole, shall be conclusive. Title 1 (commencing with Section 1067) ofPart 3 of the Code of Civil Procedure relating to writs shall,except where specifically superseded by this section, apply toproceedings pursuant to this section. (c) If the time to petition for extraordinary relief from a boarddecision or order has expired, the board may seek enforcement of anyfinal decision or order in a district court of appeal or superiorcourt having jurisdiction over the county where the events givingrise to the decision or order occurred. The board shall respondwithin 10 days to any inquiry from a party to the action as to whythe board has not sought court enforcement of the final decision ororder. If the response does not indicate that there has beencompliance with the board's final decision or order, the board shallseek enforcement of the final decision or order upon the request ofthe party. The board shall file in the court the record of theproceeding, certified by the board, and appropriate evidencedisclosing the failure to comply with the decision or order. If,after hearing, the court determines that the order was issuedpursuant to the procedures established by the board and that theperson or entity refuses to comply with the order, the court shallenforce the order by writ of mandamus or other proper process. Thecourt may not review the merits of the order.71639.5.  (a) Any written agreements reached through negotiationsheld pursuant to this article are binding upon the parties, uponadoption under Section 71634.3, and, notwithstanding Sections 1085and 1103 of the Code of Civil Procedure requiring the issuance of awrit to an inferior tribunal, any of those agreements may be enforcedby petitioning the superior court for relief pursuant to Section1085 or 1103 of the Code of Civil Procedure. (b) Written agreements reached through negotiations held pursuantto this article that contain provisions requiring the arbitration ofcontroversies arising out of the agreement shall be subject toenforcement under Title 9 (commencing with Section 1280) of Part 3 ofthe Code of Civil Procedure. (c) The Judicial Council shall adopt rules of court that shallprovide a mechanism for the establishment of a panel of court ofappeal justices who shall be qualified to hear petitions under Title9 (commencing with Section 1280) of Part 3 of the Code of CivilProcedure, and writ applications under Sections 1085 and 1103 of theCode of Civil Procedure, and as specified in those rules, from whicha single justice shall be assigned to hear the matter in the superiorcourt. The rules of court shall provide that these matters shall beheard in the superior court, and to the extent permitted by law,shall provide that any justice assigned to hear the matter in thesuperior court shall not be from the court of appeal district inwhich the action is filed, and shall further provide that appeals insuch matters shall be heard in the court of appeal district where thematter was filed.