State Codes and Statutes

Statutes > California > Gov > 3541-3541.5

GOVERNMENT CODE
SECTION 3541-3541.5



3541.  (a) There is in state government the Public Employment
Relations Board which shall be independent of any state agency and
shall consist of five members. The members of the board shall be
appointed by the Governor by and with the advice and consent of the
Senate. One of the original members shall be chosen for a term of one
year, one for a term of three years, and one for a term of five
years. The first term for the two new members of the board resulting
from the expansion of the board to five members shall be reduced by
the Governor as necessary so that the term of only one member of the
board shall expire in any given year. Thereafter, terms shall be for
a period of five years, except that any person chosen to fill a
vacancy shall be appointed only for the unexpired term of the member
whom he or she succeeds. Members of the board shall be eligible for
reappointment. The Governor shall select one member to serve as
chairperson. A member of the board may be removed by the Governor
upon notice and hearing for neglect of duty or malfeasance in office,
but for no other cause.
   (b) A vacancy in the board shall not impair the right of the
remaining members to exercise all the powers of the commission, and
three members of the board shall at all times constitute a quorum.
   (c) The board may delegate its powers to any group of three or
more board members. Nothing shall preclude any board member from
participating in any case pending before the board.
   (d) Members of the board shall hold no other public office in the
state, and shall not receive any other compensation for services
rendered.
   (e) Each member of the board shall receive the salary provided for
by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3
of Title 2. In addition to his or her salary, each member of the
board shall be reimbursed for all actual and necessary expenses
incurred by him or her in the performance of his or her duties,
subject to the rules of the Department of Personnel Administration
relative to the payment of these expenses to state officers
generally.
   (f) The board shall appoint an executive director who shall be the
chief administrative officer. The executive director shall appoint
other persons that may, from time to time, be deemed necessary for
the performance of the board's administrative functions, prescribe
their duties, fix their compensation, and provide for reimbursement
of their expenses in the amounts made available therefor by
appropriation. The executive director shall be a person familiar with
employer-employee relations. The executive director shall be subject
to removal at the pleasure of the board. The Governor shall appoint
a general counsel, upon the recommendation of the board, to assist
the board in the performance of its functions under this chapter. The
general counsel shall serve at the pleasure of the board.
   (g) The executive director and general counsel serving the board
on December 31, 1977, shall become employees of the Public Employment
Relations Board and shall continue to serve at the discretion of the
board. A person so employed may, independently of the Attorney
General, represent the board in any litigation or other matter
pending in a court of law to which the board is a party or in which
it is otherwise interested.
   (h) The Governor shall appoint one legal adviser for each member
of the board upon the recommendation of that board member. Each
appointee shall serve at the pleasure of the recommending board
member and shall receive a salary as shall be fixed by the board with
the approval of the Department of Personnel Administration.
   (i) Attorneys serving the board on May 19, 1978, shall not be
appointed as legal advisers to board members pursuant to subdivision
(h) until the time that they have attained permanent civil service
status.
   (j) Notwithstanding subdivision (a), the member of the board
appointed by the Governor for the term beginning on January 1, 1991,
shall not be subject to the advice and consent of the Senate.



3541.3.  The board shall have all of the following powers and
duties:
   (a) To determine in disputed cases, or otherwise approve,
appropriate units.
   (b) To determine in disputed cases whether a particular item is
within or without the scope of representation.
   (c) To arrange for and supervise representation elections which
shall be conducted by means of secret ballot elections, and certify
the results of the elections.
   (d) To establish lists of persons broadly representative of the
public and qualified by experience to be available to serve as
mediators, arbitrators, or factfinders. In no case shall these lists
include persons who are on the staff of the board.
   (e) To establish by regulation appropriate procedures for review
of proposals to change unit determinations.
   (f) Within its discretion, to conduct studies relating to
employer-employee relations, including the collection, analysis, and
making available of data relating to wages, benefits, and employment
practices in public and private employment, and, when it appears
necessary in its judgment to the accomplishment of the purposes of
this chapter, recommend legislation. The board shall report to the
Legislature by October 15 of each year on its activities during the
immediately preceding fiscal year. The board may enter into contracts
to develop and maintain research and training programs designed to
assist public employers and employee organizations in the discharge
of their mutual responsibilities under this chapter.
   (g) To adopt, pursuant to Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2, rules and regulations to
carry out the provisions and effectuate the purposes and policies of
this chapter.
   (h) To hold hearings, subpoena witnesses, administer oaths, take
the testimony or deposition of any person, and, in connection
therewith, to issue subpoenas duces tecum to require the production
and examination of any employer's or employee organization's records,
books, or papers relating to any matter within its jurisdiction.
Notwithstanding Section 11425.10, Chapter 4.5 (commencing with
Section 11400) of Part 1 of Division 3 of Title 2 does not apply to a
hearing by the board under this chapter, except a hearing to
determine an unfair practice charge.
   (i) To investigate unfair practice charges or alleged violations
of this chapter, and take any action and make any determinations in
respect of these charges or alleged violations as the board deems
necessary to effectuate the policies of this chapter.
   (j) To bring an action in a court of competent jurisdiction to
enforce any of its orders, decisions, or rulings, or to enforce the
refusal to obey a subpoena. Upon issuance of a complaint charging
that any person has engaged in or is engaging in an unfair practice,
the board may petition the court for appropriate temporary relief or
restraining order.
   (k) To delegate its powers to any member of the board or to any
person appointed by the board for the performance of its functions,
except that no fewer than two board members may participate in the
determination of any ruling or decision on the merits of any dispute
coming before it, and except that a decision to refuse to issue a
complaint shall require the approval of two board members.
   (l) To decide contested matters involving recognition,
certification, or decertification of employee organizations.
   (m) To consider and decide issues relating to rights, privileges,
and duties of an employee organization in the event of a merger,
amalgamation, or transfer of jurisdiction between two or more
employee organizations.
   (n) To take any other action as the board deems necessary to
discharge its powers and duties and otherwise to effectuate the
purposes of this chapter.



3541.4.  Any person who shall willfully resist, prevent, impede or
interfere with any member of the board, or any of its agents, in the
performance of duties pursuant to this chapter, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced to pay
a fine of not more than one thousand dollars ($1,000).




3541.5.  The initial determination as to whether the charges of
unfair practices are justified, and, if so, what remedy is necessary
to effectuate the purposes of this chapter, shall be a matter within
the exclusive jurisdiction of the board. Procedures for
investigating, hearing, and deciding these cases shall be devised and
promulgated by the board and shall include all of the following:
   (a) Any employee, employee organization, or employer shall have
the right to file an unfair practice charge, except that the board
shall not do either of the following:
   (1) Issue a complaint in respect of any charge based upon an
alleged unfair practice occurring more than six months prior to the
filing of the charge.
   (2) Issue a complaint against conduct also prohibited by the
provisions of the agreement between the parties until the grievance
machinery of the agreement, if it exists and covers the matter at
issue, has been exhausted, either by settlement or binding
arbitration. However, when the charging party demonstrates that
resort to contract grievance procedure would be futile, exhaustion
shall not be necessary. The board shall have discretionary
jurisdiction to review the settlement or arbitration award reached
pursuant to the grievance machinery solely for the purpose of
determining whether it is repugnant to the purposes of this chapter.
If the board finds that the settlement or arbitration award is
repugnant to the purposes of this chapter, it shall issue a complaint
on the basis of a timely filed charge, and hear and decide the case
on the merits. Otherwise, it shall dismiss the charge. The board
shall, in determining whether the charge was timely filed, consider
the six-month limitation set forth in this subdivision to have been
tolled during the time it took the charging party to exhaust the
grievance machinery.
   (b) The board shall not have the authority to enforce agreements
between the parties, and shall not issue a complaint on any charge
based on alleged violation of any agreement that would not also
constitute an unfair practice under this chapter.
   (c) The board shall have the power to issue a decision and order
directing an offending party to cease and desist from the unfair
practice and to take such affirmative action, including but not
limited to the reinstatement of employees with or without back pay,
as will effectuate the policies of this chapter.


State Codes and Statutes

Statutes > California > Gov > 3541-3541.5

GOVERNMENT CODE
SECTION 3541-3541.5



3541.  (a) There is in state government the Public Employment
Relations Board which shall be independent of any state agency and
shall consist of five members. The members of the board shall be
appointed by the Governor by and with the advice and consent of the
Senate. One of the original members shall be chosen for a term of one
year, one for a term of three years, and one for a term of five
years. The first term for the two new members of the board resulting
from the expansion of the board to five members shall be reduced by
the Governor as necessary so that the term of only one member of the
board shall expire in any given year. Thereafter, terms shall be for
a period of five years, except that any person chosen to fill a
vacancy shall be appointed only for the unexpired term of the member
whom he or she succeeds. Members of the board shall be eligible for
reappointment. The Governor shall select one member to serve as
chairperson. A member of the board may be removed by the Governor
upon notice and hearing for neglect of duty or malfeasance in office,
but for no other cause.
   (b) A vacancy in the board shall not impair the right of the
remaining members to exercise all the powers of the commission, and
three members of the board shall at all times constitute a quorum.
   (c) The board may delegate its powers to any group of three or
more board members. Nothing shall preclude any board member from
participating in any case pending before the board.
   (d) Members of the board shall hold no other public office in the
state, and shall not receive any other compensation for services
rendered.
   (e) Each member of the board shall receive the salary provided for
by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3
of Title 2. In addition to his or her salary, each member of the
board shall be reimbursed for all actual and necessary expenses
incurred by him or her in the performance of his or her duties,
subject to the rules of the Department of Personnel Administration
relative to the payment of these expenses to state officers
generally.
   (f) The board shall appoint an executive director who shall be the
chief administrative officer. The executive director shall appoint
other persons that may, from time to time, be deemed necessary for
the performance of the board's administrative functions, prescribe
their duties, fix their compensation, and provide for reimbursement
of their expenses in the amounts made available therefor by
appropriation. The executive director shall be a person familiar with
employer-employee relations. The executive director shall be subject
to removal at the pleasure of the board. The Governor shall appoint
a general counsel, upon the recommendation of the board, to assist
the board in the performance of its functions under this chapter. The
general counsel shall serve at the pleasure of the board.
   (g) The executive director and general counsel serving the board
on December 31, 1977, shall become employees of the Public Employment
Relations Board and shall continue to serve at the discretion of the
board. A person so employed may, independently of the Attorney
General, represent the board in any litigation or other matter
pending in a court of law to which the board is a party or in which
it is otherwise interested.
   (h) The Governor shall appoint one legal adviser for each member
of the board upon the recommendation of that board member. Each
appointee shall serve at the pleasure of the recommending board
member and shall receive a salary as shall be fixed by the board with
the approval of the Department of Personnel Administration.
   (i) Attorneys serving the board on May 19, 1978, shall not be
appointed as legal advisers to board members pursuant to subdivision
(h) until the time that they have attained permanent civil service
status.
   (j) Notwithstanding subdivision (a), the member of the board
appointed by the Governor for the term beginning on January 1, 1991,
shall not be subject to the advice and consent of the Senate.



3541.3.  The board shall have all of the following powers and
duties:
   (a) To determine in disputed cases, or otherwise approve,
appropriate units.
   (b) To determine in disputed cases whether a particular item is
within or without the scope of representation.
   (c) To arrange for and supervise representation elections which
shall be conducted by means of secret ballot elections, and certify
the results of the elections.
   (d) To establish lists of persons broadly representative of the
public and qualified by experience to be available to serve as
mediators, arbitrators, or factfinders. In no case shall these lists
include persons who are on the staff of the board.
   (e) To establish by regulation appropriate procedures for review
of proposals to change unit determinations.
   (f) Within its discretion, to conduct studies relating to
employer-employee relations, including the collection, analysis, and
making available of data relating to wages, benefits, and employment
practices in public and private employment, and, when it appears
necessary in its judgment to the accomplishment of the purposes of
this chapter, recommend legislation. The board shall report to the
Legislature by October 15 of each year on its activities during the
immediately preceding fiscal year. The board may enter into contracts
to develop and maintain research and training programs designed to
assist public employers and employee organizations in the discharge
of their mutual responsibilities under this chapter.
   (g) To adopt, pursuant to Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2, rules and regulations to
carry out the provisions and effectuate the purposes and policies of
this chapter.
   (h) To hold hearings, subpoena witnesses, administer oaths, take
the testimony or deposition of any person, and, in connection
therewith, to issue subpoenas duces tecum to require the production
and examination of any employer's or employee organization's records,
books, or papers relating to any matter within its jurisdiction.
Notwithstanding Section 11425.10, Chapter 4.5 (commencing with
Section 11400) of Part 1 of Division 3 of Title 2 does not apply to a
hearing by the board under this chapter, except a hearing to
determine an unfair practice charge.
   (i) To investigate unfair practice charges or alleged violations
of this chapter, and take any action and make any determinations in
respect of these charges or alleged violations as the board deems
necessary to effectuate the policies of this chapter.
   (j) To bring an action in a court of competent jurisdiction to
enforce any of its orders, decisions, or rulings, or to enforce the
refusal to obey a subpoena. Upon issuance of a complaint charging
that any person has engaged in or is engaging in an unfair practice,
the board may petition the court for appropriate temporary relief or
restraining order.
   (k) To delegate its powers to any member of the board or to any
person appointed by the board for the performance of its functions,
except that no fewer than two board members may participate in the
determination of any ruling or decision on the merits of any dispute
coming before it, and except that a decision to refuse to issue a
complaint shall require the approval of two board members.
   (l) To decide contested matters involving recognition,
certification, or decertification of employee organizations.
   (m) To consider and decide issues relating to rights, privileges,
and duties of an employee organization in the event of a merger,
amalgamation, or transfer of jurisdiction between two or more
employee organizations.
   (n) To take any other action as the board deems necessary to
discharge its powers and duties and otherwise to effectuate the
purposes of this chapter.



3541.4.  Any person who shall willfully resist, prevent, impede or
interfere with any member of the board, or any of its agents, in the
performance of duties pursuant to this chapter, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced to pay
a fine of not more than one thousand dollars ($1,000).




3541.5.  The initial determination as to whether the charges of
unfair practices are justified, and, if so, what remedy is necessary
to effectuate the purposes of this chapter, shall be a matter within
the exclusive jurisdiction of the board. Procedures for
investigating, hearing, and deciding these cases shall be devised and
promulgated by the board and shall include all of the following:
   (a) Any employee, employee organization, or employer shall have
the right to file an unfair practice charge, except that the board
shall not do either of the following:
   (1) Issue a complaint in respect of any charge based upon an
alleged unfair practice occurring more than six months prior to the
filing of the charge.
   (2) Issue a complaint against conduct also prohibited by the
provisions of the agreement between the parties until the grievance
machinery of the agreement, if it exists and covers the matter at
issue, has been exhausted, either by settlement or binding
arbitration. However, when the charging party demonstrates that
resort to contract grievance procedure would be futile, exhaustion
shall not be necessary. The board shall have discretionary
jurisdiction to review the settlement or arbitration award reached
pursuant to the grievance machinery solely for the purpose of
determining whether it is repugnant to the purposes of this chapter.
If the board finds that the settlement or arbitration award is
repugnant to the purposes of this chapter, it shall issue a complaint
on the basis of a timely filed charge, and hear and decide the case
on the merits. Otherwise, it shall dismiss the charge. The board
shall, in determining whether the charge was timely filed, consider
the six-month limitation set forth in this subdivision to have been
tolled during the time it took the charging party to exhaust the
grievance machinery.
   (b) The board shall not have the authority to enforce agreements
between the parties, and shall not issue a complaint on any charge
based on alleged violation of any agreement that would not also
constitute an unfair practice under this chapter.
   (c) The board shall have the power to issue a decision and order
directing an offending party to cease and desist from the unfair
practice and to take such affirmative action, including but not
limited to the reinstatement of employees with or without back pay,
as will effectuate the policies of this chapter.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 3541-3541.5

GOVERNMENT CODE
SECTION 3541-3541.5



3541.  (a) There is in state government the Public Employment
Relations Board which shall be independent of any state agency and
shall consist of five members. The members of the board shall be
appointed by the Governor by and with the advice and consent of the
Senate. One of the original members shall be chosen for a term of one
year, one for a term of three years, and one for a term of five
years. The first term for the two new members of the board resulting
from the expansion of the board to five members shall be reduced by
the Governor as necessary so that the term of only one member of the
board shall expire in any given year. Thereafter, terms shall be for
a period of five years, except that any person chosen to fill a
vacancy shall be appointed only for the unexpired term of the member
whom he or she succeeds. Members of the board shall be eligible for
reappointment. The Governor shall select one member to serve as
chairperson. A member of the board may be removed by the Governor
upon notice and hearing for neglect of duty or malfeasance in office,
but for no other cause.
   (b) A vacancy in the board shall not impair the right of the
remaining members to exercise all the powers of the commission, and
three members of the board shall at all times constitute a quorum.
   (c) The board may delegate its powers to any group of three or
more board members. Nothing shall preclude any board member from
participating in any case pending before the board.
   (d) Members of the board shall hold no other public office in the
state, and shall not receive any other compensation for services
rendered.
   (e) Each member of the board shall receive the salary provided for
by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3
of Title 2. In addition to his or her salary, each member of the
board shall be reimbursed for all actual and necessary expenses
incurred by him or her in the performance of his or her duties,
subject to the rules of the Department of Personnel Administration
relative to the payment of these expenses to state officers
generally.
   (f) The board shall appoint an executive director who shall be the
chief administrative officer. The executive director shall appoint
other persons that may, from time to time, be deemed necessary for
the performance of the board's administrative functions, prescribe
their duties, fix their compensation, and provide for reimbursement
of their expenses in the amounts made available therefor by
appropriation. The executive director shall be a person familiar with
employer-employee relations. The executive director shall be subject
to removal at the pleasure of the board. The Governor shall appoint
a general counsel, upon the recommendation of the board, to assist
the board in the performance of its functions under this chapter. The
general counsel shall serve at the pleasure of the board.
   (g) The executive director and general counsel serving the board
on December 31, 1977, shall become employees of the Public Employment
Relations Board and shall continue to serve at the discretion of the
board. A person so employed may, independently of the Attorney
General, represent the board in any litigation or other matter
pending in a court of law to which the board is a party or in which
it is otherwise interested.
   (h) The Governor shall appoint one legal adviser for each member
of the board upon the recommendation of that board member. Each
appointee shall serve at the pleasure of the recommending board
member and shall receive a salary as shall be fixed by the board with
the approval of the Department of Personnel Administration.
   (i) Attorneys serving the board on May 19, 1978, shall not be
appointed as legal advisers to board members pursuant to subdivision
(h) until the time that they have attained permanent civil service
status.
   (j) Notwithstanding subdivision (a), the member of the board
appointed by the Governor for the term beginning on January 1, 1991,
shall not be subject to the advice and consent of the Senate.



3541.3.  The board shall have all of the following powers and
duties:
   (a) To determine in disputed cases, or otherwise approve,
appropriate units.
   (b) To determine in disputed cases whether a particular item is
within or without the scope of representation.
   (c) To arrange for and supervise representation elections which
shall be conducted by means of secret ballot elections, and certify
the results of the elections.
   (d) To establish lists of persons broadly representative of the
public and qualified by experience to be available to serve as
mediators, arbitrators, or factfinders. In no case shall these lists
include persons who are on the staff of the board.
   (e) To establish by regulation appropriate procedures for review
of proposals to change unit determinations.
   (f) Within its discretion, to conduct studies relating to
employer-employee relations, including the collection, analysis, and
making available of data relating to wages, benefits, and employment
practices in public and private employment, and, when it appears
necessary in its judgment to the accomplishment of the purposes of
this chapter, recommend legislation. The board shall report to the
Legislature by October 15 of each year on its activities during the
immediately preceding fiscal year. The board may enter into contracts
to develop and maintain research and training programs designed to
assist public employers and employee organizations in the discharge
of their mutual responsibilities under this chapter.
   (g) To adopt, pursuant to Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2, rules and regulations to
carry out the provisions and effectuate the purposes and policies of
this chapter.
   (h) To hold hearings, subpoena witnesses, administer oaths, take
the testimony or deposition of any person, and, in connection
therewith, to issue subpoenas duces tecum to require the production
and examination of any employer's or employee organization's records,
books, or papers relating to any matter within its jurisdiction.
Notwithstanding Section 11425.10, Chapter 4.5 (commencing with
Section 11400) of Part 1 of Division 3 of Title 2 does not apply to a
hearing by the board under this chapter, except a hearing to
determine an unfair practice charge.
   (i) To investigate unfair practice charges or alleged violations
of this chapter, and take any action and make any determinations in
respect of these charges or alleged violations as the board deems
necessary to effectuate the policies of this chapter.
   (j) To bring an action in a court of competent jurisdiction to
enforce any of its orders, decisions, or rulings, or to enforce the
refusal to obey a subpoena. Upon issuance of a complaint charging
that any person has engaged in or is engaging in an unfair practice,
the board may petition the court for appropriate temporary relief or
restraining order.
   (k) To delegate its powers to any member of the board or to any
person appointed by the board for the performance of its functions,
except that no fewer than two board members may participate in the
determination of any ruling or decision on the merits of any dispute
coming before it, and except that a decision to refuse to issue a
complaint shall require the approval of two board members.
   (l) To decide contested matters involving recognition,
certification, or decertification of employee organizations.
   (m) To consider and decide issues relating to rights, privileges,
and duties of an employee organization in the event of a merger,
amalgamation, or transfer of jurisdiction between two or more
employee organizations.
   (n) To take any other action as the board deems necessary to
discharge its powers and duties and otherwise to effectuate the
purposes of this chapter.



3541.4.  Any person who shall willfully resist, prevent, impede or
interfere with any member of the board, or any of its agents, in the
performance of duties pursuant to this chapter, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced to pay
a fine of not more than one thousand dollars ($1,000).




3541.5.  The initial determination as to whether the charges of
unfair practices are justified, and, if so, what remedy is necessary
to effectuate the purposes of this chapter, shall be a matter within
the exclusive jurisdiction of the board. Procedures for
investigating, hearing, and deciding these cases shall be devised and
promulgated by the board and shall include all of the following:
   (a) Any employee, employee organization, or employer shall have
the right to file an unfair practice charge, except that the board
shall not do either of the following:
   (1) Issue a complaint in respect of any charge based upon an
alleged unfair practice occurring more than six months prior to the
filing of the charge.
   (2) Issue a complaint against conduct also prohibited by the
provisions of the agreement between the parties until the grievance
machinery of the agreement, if it exists and covers the matter at
issue, has been exhausted, either by settlement or binding
arbitration. However, when the charging party demonstrates that
resort to contract grievance procedure would be futile, exhaustion
shall not be necessary. The board shall have discretionary
jurisdiction to review the settlement or arbitration award reached
pursuant to the grievance machinery solely for the purpose of
determining whether it is repugnant to the purposes of this chapter.
If the board finds that the settlement or arbitration award is
repugnant to the purposes of this chapter, it shall issue a complaint
on the basis of a timely filed charge, and hear and decide the case
on the merits. Otherwise, it shall dismiss the charge. The board
shall, in determining whether the charge was timely filed, consider
the six-month limitation set forth in this subdivision to have been
tolled during the time it took the charging party to exhaust the
grievance machinery.
   (b) The board shall not have the authority to enforce agreements
between the parties, and shall not issue a complaint on any charge
based on alleged violation of any agreement that would not also
constitute an unfair practice under this chapter.
   (c) The board shall have the power to issue a decision and order
directing an offending party to cease and desist from the unfair
practice and to take such affirmative action, including but not
limited to the reinstatement of employees with or without back pay,
as will effectuate the policies of this chapter.