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Statutes > California > Gov > 71630-71639.5

GOVERNMENT CODE
SECTION 71630-71639.5



71630.  (a) It is the purpose of this article to promote full
communication between trial courts and their employees by providing a
reasonable method for resolving disputes regarding wages, hours, and
other terms and conditions of employment between trial courts and
recognized employee organizations. It is also the purpose of this
article to promote the improvement of personnel management and
employer-employee relations within the trial courts in the state by
providing a uniform basis for recognizing the right of trial court
employees to join organizations of their own choice and to be
represented by those organizations in their employment relations with
trial courts. It is also the purpose of this article to extend to
trial court employees the right, and to require trial courts, to meet
and confer in good faith over matters within the scope of
representation, consistent with the procedures set forth in this
article. This article is not intended to require changes in existing
representation units, memoranda of agreement or understanding, or
court rules, except as provided in this article.
   (b) The Legislature finds and declares that the duties and
responsibilities of trial court representatives under this article
are substantially similar to the duties and responsibilities required
under existing collective bargaining enforcement procedures and
therefore the costs incurred by the trial court representatives in
performing those duties and responsibilities under this article are
not reimbursable as state-mandated costs.



71631.  Except as otherwise provided by the Legislature, trial court
employees shall have the right to form, join, and participate in the
activities of employee organizations of their own choosing for the
purpose of representation on all matters of employer-employee
relations. Trial court employees also shall have the right to refuse
to join or participate in the activities of employee organizations
and shall have the right to represent themselves individually in
their employment relations with the trial court.



71632.  (a) Notwithstanding any other provision of law, rule, or
regulation, an agency shop agreement may be negotiated between a
trial court and a recognized employee organization which has been
recognized as the exclusive or majority bargaining agent pursuant to
reasonable rules and regulations, and enactments, in accordance with
this article. As used in this article, "agency shop" means an
arrangement that requires an employee, as a condition of continued
employment, either to join the recognized employee organization, or
to pay the organization a service fee in an amount not to exceed the
standard initiation fee, periodic dues, and general assessments of
that organization for the duration of the agreement or a period of
three years from the effective date of the agreement, whichever comes
first. However, any employee who is a member of a bona fide
religion, body, or sect which has historically held conscientious
objections to joining or financially supporting recognized employee
organizations shall not be required to join or financially support
any 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, nonlabor
charitable organization fund exempt from taxation under Section 501
(c)(3) of the Internal Revenue Code, chosen by the employee from a
list of at least three such funds designated in a memorandum of
understanding or agreement between the trial court and the recognized
employee organization, or if the memorandum of understanding or
agreement fails to designate such funds, then to any such fund chosen
by the employee. Proof of those payments shall be made on a monthly
basis to the trial court as a condition of continued exemption from
the requirement of financial support to the recognized employee
organization.
   (b) An agency shop provision in a memorandum of understanding or
agreement which is in effect may be rescinded by a majority vote of
all the employees in the unit covered by the memorandum of
understanding or agreement, provided that: (1) a request for such a
vote is supported by a petition containing the signatures of at least
30 percent of the employees in the unit; (2) the vote is by secret
ballot; and (3) the vote may be taken at anytime during the term of
such memorandum of understanding or agreement, but in no event shall
there be more than one vote taken during that term. However, the
trial court and the recognized employee organization may negotiate,
and by mutual agreement provide for, an alternative procedure or
procedures 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 an
agency shop provision shall keep an adequate itemized record of its
financial transactions and shall make available annually, to the
trial court with which the agency shop provision was negotiated, and
to the employees who are members of the organization, within 60 days
after the end of its fiscal year, a detailed written financial report
thereof in the form of a balance sheet and an operating statement,
certified as to accuracy by its president and treasurer or
corresponding principal officer, or by a certified public accountant.
An employee organization required to file financial reports under
the federal Labor-Management Disclosure Act of 1959 covering
employees governed by this chapter or required to file financial
reports under Section 3546.5, may satisfy the financial reporting
requirement of this section by providing the trial court with a copy
of those financial reports.
   (e) If the trial court is party to any memorandum of understanding
or agreement with any bargaining unit that includes court employees
that provides for an agency shop provision as of the implementation
date of this chapter, the trial court and employee organization
representing the trial court employees shall be obligated to honor
the terms of the agency shop provision, including indemnification
provisions, if any, for the duration of the memorandum of
understanding or agreement. A new agency shop election shall not be
caused upon implementation of this chapter.
   (f) This section shall remain in effect until such time as Section
3502.5 is amended to provide that a 30-percent or greater showing of
interest by means of a petition requires an election regarding an
agency shop, and a vote at that election of 50 percent plus one of
those voting secures an agency shop arrangement, and as of that date
this section is repealed.



71632.5.  (a) Notwithstanding any other provision of law, rule, or
regulation, an agency shop agreement may be negotiated between a
trial court and a recognized employee organization that has been
recognized as the exclusive or majority bargaining agent pursuant to
reasonable rules and regulations, and enactments, in accordance with
this article. As used in this article, "agency shop" means an
arrangement that requires an employee, as a condition of continued
employment, either to join the recognized employee organization, or
to pay the organization a service fee in an amount not to exceed the
standard initiation fee, periodic dues, and general assessments of
that organization for the duration of the agreement or a period of
three years from the effective date of the agreement, whichever comes
first. However, any employee who is a member of a bona fide
religion, body, or sect that has historically held conscientious
objections to joining or financially supporting recognized employee
organizations shall not be required to join or financially support
any recognized employee organization as a condition of employment.
That 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, nonlabor charitable
organization fund exempt from taxation under Section 501 (c)(3) of
the Internal Revenue Code, chosen by the employee from a list of at
least three funds, designated in a memorandum of understanding or
agreement between the trial court and the recognized employee
organization, or if the memorandum of understanding or agreement
fails to designate any funds, then to any fund chosen by the
employee. Proof of those payments shall be made on a monthly basis to
the trial court as a condition of continued exemption from the
requirement of financial support to the recognized employee
organization.
   (b) An agency shop provision in a memorandum of understanding or
agreement which is in effect may be rescinded by a majority vote of
all the employees in the unit covered by the memorandum of
understanding or agreement, provided that (1) a request for the vote
is supported by a petition containing the signatures of at least 30
percent of the employees in the unit; (2) the vote is by secret
ballot; and (3) the vote may be taken at any time during the term of
the memorandum of understanding or agreement, but in no event shall
there be more than one vote taken during that term.
   (c) In addition to the procedure prescribed in subdivision (a), an
agency shop arrangement between the trial court and a recognized
employee organization or recognized employee organizations shall be
placed in effect, without a negotiated agreement, upon (1) a signed
petition of at least 30 percent of the employees in the applicable
bargaining unit requesting an agency shop agreement and an election
to implement an agency fee arrangement, and (2) the approval of a
majority of employees who cast ballots and vote in a secret ballot
election in favor of the agency shop agreement. The petition may only
be filed after the recognized employee organization has requested
the trial court to negotiate on an agency shop arrangement and,
beginning seven working days after the trial court received this
request, the two parties have had 30 calendar days to attempt good
faith negotiations in an effort to reach agreement. An election, that
may not be held more frequently than once a year, shall be conducted
by the Division of Conciliation of the Department of Industrial
Relations in the event that the trial court and the recognized
employee organization cannot agree within 10 days from the filing of
the petition to select jointly a neutral person or entity to conduct
the election. In the event of an agency fee arrangement outside of an
agreement that was in effect on January 1, 2002, the recognized
employee organization shall defend, indemnify, and hold the trial
court harmless against any liability arising from any claims,
demands, or other action relating to the trial court's compliance
with the agency fee obligation. Upon notification to the trial court
by the recognized employee organization, the amount of the fee shall
be deducted by the trial court from the wages or salary of the
employee and paid to the employee organization. This subdivision
shall be applicable on the operative date of this section, except
that if a memorandum of understanding or agreement between the trial
court and a recognized employee organization was in effect before
January 1, 2002, as to the employees covered by the memorandum of
understanding or agreement, the implementation date of this
subdivision shall be either the date a successor memorandum of
understanding or agreement is effective or, if no agreement for a
successor memorandum of understanding or agreement is reached, 90
days from the date of the expiration of the predecessor memorandum of
understanding or agreement. The trial court and representatives of
recognized employee organizations may mutually agree to a different
date on which this subdivision is applicable.
   (d) Notwithstanding subdivisions (a), (b), and (c), the trial
court and the recognized employee organization may negotiate, and by
mutual agreement provide for, an alternative procedure or procedures
regarding a vote on any agency shop agreement.
   (e) An agency shop agreement or arrangement does not apply to
management, confidential, or supervisory employees. If those
employees nonetheless choose to join the recognized employee
organization and pay dues or pay the organization a service fee,
Section 71638 shall apply to those employees, and the trial court
shall administer deductions for which the recognized employee
organization shall defend, indemnify, and hold the trial court
harmless.
   (f) Every recognized employee organization that has agreed to an
agency shop provision, or is a party to an agency shop arrangement,
shall keep an adequate itemized record of its financial transactions
and shall make available annually, to the trial court with which the
agency shop provision was negotiated, and to the employees who are
members of the organization, within 60 days after the end of its
fiscal year, a detailed written financial report thereof in the form
of a balance sheet and an operating statement, certified as to
accuracy by its president and treasurer or corresponding principal
officer, or by a certified public accountant. An employee
organization required to file financial reports under the federal
Labor-Management Disclosure Act of 1959 covering employees governed
by this chapter or required to file financial reports under Section
3546.5, may satisfy the financial reporting requirement of this
section by providing the trial court with a copy of those financial
reports.
   (g) This section shall become operative only if Section 3502.5 is
amended to provide that a 30-percent or greater showing of interest
by means of a petition requires an election regarding an agency shop,
and a vote at that election of 50 percent plus one of those voting
secures an agency shop arrangement.
   (h) A trial court may not offer employees inducements or benefits
of any kind in return for employees opposing or rescinding an agency
shop arrangement.


71632.6.  If the trial court is party to any memorandum of
understanding or agreement with any bargaining unit that includes
court employees that provides for an agency shop provision as of the
implementation date of this chapter, the trial court and employee
organization representing the trial court employees shall be
obligated to honor the terms of the agency shop provision, including
indemnification provisions, if any, for the duration of the
memorandum of understanding or agreement. The implementation of this
chapter shall not be a cause for a new agency shop election.




71633.  Recognized employee organizations shall have the right to
represent their members in their employment relations with trial
courts as to matters covered by this article. Employee organizations
may establish reasonable restrictions regarding who may join and may
make reasonable provisions for the dismissal of individuals from
membership. Nothing in this article shall prohibit any employee from
appearing on his or her own behalf regarding employment relations
with the trial court.



71634.  (a) The scope of representation shall include all matters
relating to employment conditions and employer-employee relations,
including, but not limited to, wages, hours, and other terms and
conditions of employment. However, the scope of representation shall
not include consideration of the merits, necessity, or organization
of any service or activity provided by law or executive order.
   (b) In view of the unique and special responsibilities of the
trial courts in the administration of justice, decisions regarding
the following matters shall not be included within the scope of
representation:
   (1) The merits and administration of the trial court system.
   (2) Coordination, consolidation, and merger of trial courts and
support 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 included
within the scope of representation as those matters affect wages,
hours, and terms and conditions of employment of trial court
employees. The court shall be required to meet and confer in good
faith with respect to that impact.
   (d) The trial court shall continue to have the right to determine
assignments and transfers of trial court employees; provided that the
process, procedures, and criteria for assignments and transfers
shall be included within the scope of representation.




71634.1.  (a) Except in cases of emergency as provided in this
section, the trial court shall give reasonable written notice to each
recognized employee organization affected by any rule, practice, or
policy directly relating to matters within the scope of
representation proposed to be adopted by the trial court and shall
give each such recognized employee organization the opportunity to
meet with the trial court.
   (b) In cases of emergency when the trial court determines that any
rule, policy, or procedure must be adopted immediately without prior
notice or meeting with a recognized employee organization, the trial
court shall provide such notice and opportunity to meet at the
earliest practicable time following the adoption of the rule, policy,
or procedure.


71634.2.  (a) The trial court, or those representatives as it may
designate, shall meet and confer in good faith regarding wages,
hours, and other terms and conditions of employment within the scope
of representation, as defined in Section 71634, with representatives
of the recognized employee organizations, as defined in Section
71611, and shall consider fully the presentations as are made by the
recognized employee organization on behalf of its members prior to
arriving at a determination of policy or course of action.
   (b) In fulfilling the requirements of subdivision (a), the court
and the county may consult with each other, may negotiate jointly,
and each may designate the other in writing as its agent on any
matters within the scope of representation.



71634.3.  If agreement is reached by the representatives of the
trial court and a recognized employee organization or organizations,
they shall jointly prepare a written memorandum of the agreement or
understanding, which shall not be binding, and present it to the
trial court or its designee for determination.



71634.4.  If after a reasonable period of time, representatives of
the trial court and the recognized employee organization fail to
reach agreement, the trial court and the recognized employee
organization or recognized employee organizations together may agree
upon the appointment of a mediator mutually agreeable to the parties.
Costs of mediation, if any, shall be divided one-half to the trial
court and one-half to the recognized employee organization or
recognized employee organizations.



71635.  The trial court shall allow a reasonable number of trial
court employee representatives of recognized employee organizations
reasonable time off, without loss of compensation or other benefits,
when formally meeting and conferring with representatives of the
trial court on matters within the scope of representation.




71635.1.  Trial courts and employee organizations shall not
interfere with, intimidate, restrain, coerce, or discriminate against
court employees because of their exercise of their rights under
Section 71631.


71636.  (a) A trial court may adopt reasonable rules and
regulations, after consultation in good faith with representatives of
a recognized employee organization or organizations, for the
administration of employer-employee relations under this article.
These rules and regulations may include provisions for:
   (1) Verifying that an organization does in fact represent
employees of the trial court.
   (2) Verifying the official status of employee organization
officers and representatives.
   (3) Recognition of employee organizations.
   (4) Exclusive recognition of employee organizations formally
recognized pursuant to a vote of the employees of the trial court or
an appropriate unit thereof, subject to the right of an employee to
represent himself or herself as provided in Section 71631.
   (5) Additional procedures for the resolution of disputes involving
wages, hours, and other terms and conditions of employment.
   (6) Access of employee organization officers and representatives
to work locations.
   (7) Use of official bulletin boards and other means of
communication by employee organizations.
   (8) Furnishing nonconfidential information pertaining to
employment relations to employee organizations.
   (9) Any other matters as are necessary to carry out the purposes
of this article.
   (b) Exclusive recognition of employee organizations formally
recognized as majority representatives pursuant to a vote of the
employees may be revoked by a majority vote of the employees only
after a period of not less than 12 months following the date of
recognition.
   (c) No trial court shall unreasonably withhold recognition of
employee organizations. A trial court may not offer to provide
employees benefits of any kind for the purpose of inducing those
employees to decertify or withdraw support from a recognized employee
organization.
   (d) Pursuant to the obligation to meet and confer in good faith,
the trial court shall establish procedures to determine the
appropriateness of any bargaining unit of court employees.
   (e) Trial court employees and employee organizations shall be able
to challenge a rule or regulation of a trial court as a violation of
this chapter.



71636.1.  In the absence of local procedures for resolving disputes
on the appropriateness of a unit of representation, upon the request
of any of the parties, the dispute shall be submitted to the Division
of Conciliation of the Department of Industrial Relations for the
mediation or for recommendation for resolving the dispute.




71636.3.  (a) Unit determinations and representation elections shall
be determined and processed in accordance with rules adopted by a
trial court in accordance with this chapter. In a representation
election, a majority of the votes cast by the employees in the
appropriate bargaining unit shall be required.
   (b) Notwithstanding subdivision (a) and rules adopted by a trial
court pursuant to Section 71636, a bargaining unit in effect as of
January 1, 2002, shall continue in effect unless changed under the
rules adopted by the trial court pursuant to Section 71636.
   (c) A trial court shall grant exclusive or majority recognition to
an employee organization based on a signed petition, authorization
cards, or union membership cards showing that a majority of the
employees in an appropriate bargaining unit desire the
representation, unless another labor organization has previously been
lawfully recognized as exclusive or majority representative of all
or part of the same unit. Exclusive or majority representation shall
be determined by a neutral third party, selected by the trial court
and the employee organization, who shall review the signed petition,
authorization cards, or union membership cards to verify the
exclusive or majority status of the employee organization. If the
trial court and the employee organization cannot agree on a neutral
third party, the Division of Conciliation of the Department of
Industrial Relations shall be the neutral third party and shall
verify 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 labor
organization has the support of at least 30 percent of the employees
in the unit in which recognition is sought, the neutral third party
shall order an election to establish which labor organization, if
any, has majority status.



71637.  (a) For purposes of this article, professional employees
shall not be denied the right to be represented separately from
nonprofessional employees by a professional employee organization
consisting of those professional employees. In the event of a dispute
on the appropriateness of a unit of representation for professional
employees, upon request of any of the parties, the dispute shall be
submitted to the Division of Conciliation of the Department of
Industrial Relations for mediation or for recommendation for
resolving the dispute.
   (b) For the purpose of this section, "professional employees"
means employees engaged in work requiring specialized knowledge and
skills attained through completion of a recognized course of
instruction, including, but not limited to, attorneys.



71637.1.  For purposes of this article, in addition to those rules
and regulations that a trial court may adopt pursuant to, and in the
same manner as set forth in, Section 71636, any trial court may adopt
reasonable rules and regulations providing for designation of the
management and confidential employees of the trial court and
restricting those employees from representing any employee
organization that represents other employees of the trial court, on
matters within the scope of representation. Except as specifically
provided otherwise in this article, this section does not otherwise
limit 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 a
dues deduction from his or her salary or wages in the same manner
provided 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, an
employee organization that is recognized as a representative of a
group of trial court employees or the exclusive representative of an
established bargaining unit of trial court employees, either by the
county or the trial court, shall continue to be recognized by the
trial court as a representative or the exclusive representative of
the same trial court employees. A trial court and recognized employee
organization shall be bound by the terms of any memorandum of
understanding or agreement covering trial court employees to which
the trial court or the county is a party that is in effect on the
implementation date of this chapter for the duration thereof, or
until it expires and, consistent with law, is replaced by a successor
memorandum of understanding or agreement, subject to the obligation
to meet and confer in good faith. Upon expiration of a memorandum of
understanding or agreement, the trial court shall meet and confer in
good faith with recognized employee organizations.
   (b) A trial court's local rules governing trial court employees
and a trial court's personnel rules, policies, and practices, and any
county rules in effect pursuant to former Rule 2205 of the
California Rules of Court as adopted on April 23, 1997, in effect at
the time of the implementation date of this chapter, to the extent
they are not contrary to or inconsistent with the obligations and
duties provided for in this article, shall continue in effect until
changed by the trial court. Prior to changing any rule, policy, or
practice that affects any matter within the scope of representation
as set forth in this article, the court shall meet and confer in good
faith with the recognized employee organization as provided for in
this chapter.
   (c) Nothing contained in this article is intended to preclude
trial court employees from continuing to be included in
representation units which contain county employees.



71639.1.  (a) As used in this article, "board" means the Public
Employment Relations Board established pursuant to Section 3541.
   (b) The powers and duties of the board described in Section 3541.3
shall also apply, as appropriate, to this article and shall include
the authority as set forth in subdivisions (c) and (d). Included
among the appropriate powers of the board are the power to order
elections, to conduct any election the board orders, and to adopt
rules to apply in areas where a trial court has no rule.
   (c) A complaint alleging any violation of this article or of any
rules and regulations adopted by a trial court pursuant to Section
71636 shall be processed as an unfair practice charge by the board.
The initial determination as to whether the charge of unfair practice
is justified and, if so, the appropriate remedy necessary to
effectuate the purposes of this article, shall be a matter within the
exclusive jurisdiction of the board. The board shall apply and
interpret unfair labor practices consistent with existing judicial
interpretations of this article and Section 71639.3. The board shall
not 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, except that if the rules and regulations adopted by a
trial court require exhaustion of a remedy prior to filing an unfair
practice charge or the charging party chooses to exhaust a trial
court's remedy prior to filing an unfair practice charge, the
six-month limitation set forth in this subsection shall be tolled
during such reasonable amount of time it takes the charging party to
exhaust the remedy, but nothing herein shall require a charging party
to exhaust a remedy when that remedy would be futile.
   (d) The board shall enforce and apply rules adopted by a trial
court concerning unit determinations, representation, recognition,
and elections.
   (e) This section does not apply to employees designated as
management employees under Section 71637.1.
   (f) The board shall not find it an unfair practice for an employee
organization to violate a rule or regulation adopted by a trial
court if that rule or regulation is itself in violation of this
article.



71639.2.  The enactment of this article shall not be construed as
making Section 923 of the Labor Code applicable to trial court
employees.


71639.3.  Trial courts and trial court employees are not covered by
Chapter 10 (commencing with Section 3500) of Division 4 of Title 1,
or any subsequent changes to these sections except as provided in
this article. However, where the language of this article is the same
or substantially the same as that contained in Chapter 10
(commencing with Section 3500) of Division 4 of Title 1, it shall be
interpreted and applied in accordance with the judicial
interpretations of the same language.



71639.4.  (a) Any charging party, respondent, or intervenor
aggrieved by a final decision or order of the board in an unfair
practice case, except a decision of the board not to issue a
complaint in such a case, and any party to a final decision or order
of the board in a unit determination, representation, recognition, or
election matter that is not brought as an unfair practice case, may
petition for a writ of extraordinary relief from that decision or
order. A board order directing an election may not be stayed pending
judicial review.
   (b) A petition for a writ of extraordinary relief shall be filed
in the district court of appeal having jurisdiction over the county
where the events giving rise to the decision or order occurred. The
petition shall be filed within 30 days from the date of the issuance
of the board's final decision or order, or order denying
reconsideration, as applicable. Upon the filing of the petition, the
court shall cause notice to be served upon the board and thereafter
shall have jurisdiction of the proceeding. The board shall file in
the court the record of the proceeding, certified by the board,
within 10 days after the clerk's notice unless that time is extended
by the court for good cause shown. The court shall have jurisdiction
to grant any temporary relief or restraining order it deems just and
proper, and in like manner to make and enter a decree enforcing,
modifying, and enforcing as modified, or setting aside in whole or in
part the decision or order of the board. The findings of the board
with respect to questions of fact, including ultimate facts, if
supported by substantial evidence on the record considered as a
whole, shall be conclusive. Title 1 (commencing with Section 1067) of
Part 3 of the Code of Civil Procedure relating to writs shall,
except where specifically superseded by this section, apply to
proceedings pursuant to this section.
   (c) If the time to petition for extraordinary relief from a board
decision or order has expired, the board may seek enforcement of any
final decision or order in a district court of appeal or superior
court having jurisdiction over the county where the events giving
rise to the decision or order occurred. The board shall respond
within 10 days to any inquiry from a party to the action as to why
the board has not sought court enforcement of the final decision or
order. If the response does not indicate that there has been
compliance with the board's final decision or order, the board shall
seek enforcement of the final decision or order upon the request of
the party. The board shall file in the court the record of the
proceeding, certified by the board, and appropriate evidence
disclosing the failure to comply with the decision or order. If,
after hearing, the court determines that the order was issued
pursuant to the procedures established by the board and that the
person or entity refuses to comply with the order, the court shall
enforce the order by writ of mandamus or other proper process. The
court may not review the merits of the order.



71639.5.  (a) Any written agreements reached through negotiations
held pursuant to this article are binding upon the parties, upon
adoption under Section 71634.3, and, notwithstanding Sections 1085
and 1103 of the Code of Civil Procedure requiring the issuance of a
writ to an inferior tribunal, any of those agreements may be enforced
by petitioning the superior court for relief pursuant to Section
1085 or 1103 of the Code of Civil Procedure.
   (b) Written agreements reached through negotiations held pursuant
to this article that contain provisions requiring the arbitration of
controversies arising out of the agreement shall be subject to
enforcement under Title 9 (commencing with Section 1280) of Part 3 of
the Code of Civil Procedure.
   (c) The Judicial Council shall adopt rules of court that shall
provide a mechanism for the establishment of a panel of court of
appeal justices who shall be qualified to hear petitions under Title
9 (commencing with Section 1280) of Part 3 of the Code of Civil
Procedure, and writ applications under Sections 1085 and 1103 of the
Code of Civil Procedure, and as specified in those rules, from which
a single justice shall be assigned to hear the matter in the superior
court. The rules of court shall provide that these matters shall be
heard in the superior court, and to the extent permitted by law,
shall provide that any justice assigned to hear the matter in the
superior court shall not be from the court of appeal district in
which the action is filed, and shall further provide that appeals in
such matters shall be heard in the court of appeal district where the
matter was filed.

State Codes and Statutes

Statutes > California > Gov > 71630-71639.5

GOVERNMENT CODE
SECTION 71630-71639.5



71630.  (a) It is the purpose of this article to promote full
communication between trial courts and their employees by providing a
reasonable method for resolving disputes regarding wages, hours, and
other terms and conditions of employment between trial courts and
recognized employee organizations. It is also the purpose of this
article to promote the improvement of personnel management and
employer-employee relations within the trial courts in the state by
providing a uniform basis for recognizing the right of trial court
employees to join organizations of their own choice and to be
represented by those organizations in their employment relations with
trial courts. It is also the purpose of this article to extend to
trial court employees the right, and to require trial courts, to meet
and confer in good faith over matters within the scope of
representation, consistent with the procedures set forth in this
article. This article is not intended to require changes in existing
representation units, memoranda of agreement or understanding, or
court rules, except as provided in this article.
   (b) The Legislature finds and declares that the duties and
responsibilities of trial court representatives under this article
are substantially similar to the duties and responsibilities required
under existing collective bargaining enforcement procedures and
therefore the costs incurred by the trial court representatives in
performing those duties and responsibilities under this article are
not reimbursable as state-mandated costs.



71631.  Except as otherwise provided by the Legislature, trial court
employees shall have the right to form, join, and participate in the
activities of employee organizations of their own choosing for the
purpose of representation on all matters of employer-employee
relations. Trial court employees also shall have the right to refuse
to join or participate in the activities of employee organizations
and shall have the right to represent themselves individually in
their employment relations with the trial court.



71632.  (a) Notwithstanding any other provision of law, rule, or
regulation, an agency shop agreement may be negotiated between a
trial court and a recognized employee organization which has been
recognized as the exclusive or majority bargaining agent pursuant to
reasonable rules and regulations, and enactments, in accordance with
this article. As used in this article, "agency shop" means an
arrangement that requires an employee, as a condition of continued
employment, either to join the recognized employee organization, or
to pay the organization a service fee in an amount not to exceed the
standard initiation fee, periodic dues, and general assessments of
that organization for the duration of the agreement or a period of
three years from the effective date of the agreement, whichever comes
first. However, any employee who is a member of a bona fide
religion, body, or sect which has historically held conscientious
objections to joining or financially supporting recognized employee
organizations shall not be required to join or financially support
any 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, nonlabor
charitable organization fund exempt from taxation under Section 501
(c)(3) of the Internal Revenue Code, chosen by the employee from a
list of at least three such funds designated in a memorandum of
understanding or agreement between the trial court and the recognized
employee organization, or if the memorandum of understanding or
agreement fails to designate such funds, then to any such fund chosen
by the employee. Proof of those payments shall be made on a monthly
basis to the trial court as a condition of continued exemption from
the requirement of financial support to the recognized employee
organization.
   (b) An agency shop provision in a memorandum of understanding or
agreement which is in effect may be rescinded by a majority vote of
all the employees in the unit covered by the memorandum of
understanding or agreement, provided that: (1) a request for such a
vote is supported by a petition containing the signatures of at least
30 percent of the employees in the unit; (2) the vote is by secret
ballot; and (3) the vote may be taken at anytime during the term of
such memorandum of understanding or agreement, but in no event shall
there be more than one vote taken during that term. However, the
trial court and the recognized employee organization may negotiate,
and by mutual agreement provide for, an alternative procedure or
procedures 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 an
agency shop provision shall keep an adequate itemized record of its
financial transactions and shall make available annually, to the
trial court with which the agency shop provision was negotiated, and
to the employees who are members of the organization, within 60 days
after the end of its fiscal year, a detailed written financial report
thereof in the form of a balance sheet and an operating statement,
certified as to accuracy by its president and treasurer or
corresponding principal officer, or by a certified public accountant.
An employee organization required to file financial reports under
the federal Labor-Management Disclosure Act of 1959 covering
employees governed by this chapter or required to file financial
reports under Section 3546.5, may satisfy the financial reporting
requirement of this section by providing the trial court with a copy
of those financial reports.
   (e) If the trial court is party to any memorandum of understanding
or agreement with any bargaining unit that includes court employees
that provides for an agency shop provision as of the implementation
date of this chapter, the trial court and employee organization
representing the trial court employees shall be obligated to honor
the terms of the agency shop provision, including indemnification
provisions, if any, for the duration of the memorandum of
understanding or agreement. A new agency shop election shall not be
caused upon implementation of this chapter.
   (f) This section shall remain in effect until such time as Section
3502.5 is amended to provide that a 30-percent or greater showing of
interest by means of a petition requires an election regarding an
agency shop, and a vote at that election of 50 percent plus one of
those voting secures an agency shop arrangement, and as of that date
this section is repealed.



71632.5.  (a) Notwithstanding any other provision of law, rule, or
regulation, an agency shop agreement may be negotiated between a
trial court and a recognized employee organization that has been
recognized as the exclusive or majority bargaining agent pursuant to
reasonable rules and regulations, and enactments, in accordance with
this article. As used in this article, "agency shop" means an
arrangement that requires an employee, as a condition of continued
employment, either to join the recognized employee organization, or
to pay the organization a service fee in an amount not to exceed the
standard initiation fee, periodic dues, and general assessments of
that organization for the duration of the agreement or a period of
three years from the effective date of the agreement, whichever comes
first. However, any employee who is a member of a bona fide
religion, body, or sect that has historically held conscientious
objections to joining or financially supporting recognized employee
organizations shall not be required to join or financially support
any recognized employee organization as a condition of employment.
That 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, nonlabor charitable
organization fund exempt from taxation under Section 501 (c)(3) of
the Internal Revenue Code, chosen by the employee from a list of at
least three funds, designated in a memorandum of understanding or
agreement between the trial court and the recognized employee
organization, or if the memorandum of understanding or agreement
fails to designate any funds, then to any fund chosen by the
employee. Proof of those payments shall be made on a monthly basis to
the trial court as a condition of continued exemption from the
requirement of financial support to the recognized employee
organization.
   (b) An agency shop provision in a memorandum of understanding or
agreement which is in effect may be rescinded by a majority vote of
all the employees in the unit covered by the memorandum of
understanding or agreement, provided that (1) a request for the vote
is supported by a petition containing the signatures of at least 30
percent of the employees in the unit; (2) the vote is by secret
ballot; and (3) the vote may be taken at any time during the term of
the memorandum of understanding or agreement, but in no event shall
there be more than one vote taken during that term.
   (c) In addition to the procedure prescribed in subdivision (a), an
agency shop arrangement between the trial court and a recognized
employee organization or recognized employee organizations shall be
placed in effect, without a negotiated agreement, upon (1) a signed
petition of at least 30 percent of the employees in the applicable
bargaining unit requesting an agency shop agreement and an election
to implement an agency fee arrangement, and (2) the approval of a
majority of employees who cast ballots and vote in a secret ballot
election in favor of the agency shop agreement. The petition may only
be filed after the recognized employee organization has requested
the trial court to negotiate on an agency shop arrangement and,
beginning seven working days after the trial court received this
request, the two parties have had 30 calendar days to attempt good
faith negotiations in an effort to reach agreement. An election, that
may not be held more frequently than once a year, shall be conducted
by the Division of Conciliation of the Department of Industrial
Relations in the event that the trial court and the recognized
employee organization cannot agree within 10 days from the filing of
the petition to select jointly a neutral person or entity to conduct
the election. In the event of an agency fee arrangement outside of an
agreement that was in effect on January 1, 2002, the recognized
employee organization shall defend, indemnify, and hold the trial
court harmless against any liability arising from any claims,
demands, or other action relating to the trial court's compliance
with the agency fee obligation. Upon notification to the trial court
by the recognized employee organization, the amount of the fee shall
be deducted by the trial court from the wages or salary of the
employee and paid to the employee organization. This subdivision
shall be applicable on the operative date of this section, except
that if a memorandum of understanding or agreement between the trial
court and a recognized employee organization was in effect before
January 1, 2002, as to the employees covered by the memorandum of
understanding or agreement, the implementation date of this
subdivision shall be either the date a successor memorandum of
understanding or agreement is effective or, if no agreement for a
successor memorandum of understanding or agreement is reached, 90
days from the date of the expiration of the predecessor memorandum of
understanding or agreement. The trial court and representatives of
recognized employee organizations may mutually agree to a different
date on which this subdivision is applicable.
   (d) Notwithstanding subdivisions (a), (b), and (c), the trial
court and the recognized employee organization may negotiate, and by
mutual agreement provide for, an alternative procedure or procedures
regarding a vote on any agency shop agreement.
   (e) An agency shop agreement or arrangement does not apply to
management, confidential, or supervisory employees. If those
employees nonetheless choose to join the recognized employee
organization and pay dues or pay the organization a service fee,
Section 71638 shall apply to those employees, and the trial court
shall administer deductions for which the recognized employee
organization shall defend, indemnify, and hold the trial court
harmless.
   (f) Every recognized employee organization that has agreed to an
agency shop provision, or is a party to an agency shop arrangement,
shall keep an adequate itemized record of its financial transactions
and shall make available annually, to the trial court with which the
agency shop provision was negotiated, and to the employees who are
members of the organization, within 60 days after the end of its
fiscal year, a detailed written financial report thereof in the form
of a balance sheet and an operating statement, certified as to
accuracy by its president and treasurer or corresponding principal
officer, or by a certified public accountant. An employee
organization required to file financial reports under the federal
Labor-Management Disclosure Act of 1959 covering employees governed
by this chapter or required to file financial reports under Section
3546.5, may satisfy the financial reporting requirement of this
section by providing the trial court with a copy of those financial
reports.
   (g) This section shall become operative only if Section 3502.5 is
amended to provide that a 30-percent or greater showing of interest
by means of a petition requires an election regarding an agency shop,
and a vote at that election of 50 percent plus one of those voting
secures an agency shop arrangement.
   (h) A trial court may not offer employees inducements or benefits
of any kind in return for employees opposing or rescinding an agency
shop arrangement.


71632.6.  If the trial court is party to any memorandum of
understanding or agreement with any bargaining unit that includes
court employees that provides for an agency shop provision as of the
implementation date of this chapter, the trial court and employee
organization representing the trial court employees shall be
obligated to honor the terms of the agency shop provision, including
indemnification provisions, if any, for the duration of the
memorandum of understanding or agreement. The implementation of this
chapter shall not be a cause for a new agency shop election.




71633.  Recognized employee organizations shall have the right to
represent their members in their employment relations with trial
courts as to matters covered by this article. Employee organizations
may establish reasonable restrictions regarding who may join and may
make reasonable provisions for the dismissal of individuals from
membership. Nothing in this article shall prohibit any employee from
appearing on his or her own behalf regarding employment relations
with the trial court.



71634.  (a) The scope of representation shall include all matters
relating to employment conditions and employer-employee relations,
including, but not limited to, wages, hours, and other terms and
conditions of employment. However, the scope of representation shall
not include consideration of the merits, necessity, or organization
of any service or activity provided by law or executive order.
   (b) In view of the unique and special responsibilities of the
trial courts in the administration of justice, decisions regarding
the following matters shall not be included within the scope of
representation:
   (1) The merits and administration of the trial court system.
   (2) Coordination, consolidation, and merger of trial courts and
support 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 included
within the scope of representation as those matters affect wages,
hours, and terms and conditions of employment of trial court
employees. The court shall be required to meet and confer in good
faith with respect to that impact.
   (d) The trial court shall continue to have the right to determine
assignments and transfers of trial court employees; provided that the
process, procedures, and criteria for assignments and transfers
shall be included within the scope of representation.




71634.1.  (a) Except in cases of emergency as provided in this
section, the trial court shall give reasonable written notice to each
recognized employee organization affected by any rule, practice, or
policy directly relating to matters within the scope of
representation proposed to be adopted by the trial court and shall
give each such recognized employee organization the opportunity to
meet with the trial court.
   (b) In cases of emergency when the trial court determines that any
rule, policy, or procedure must be adopted immediately without prior
notice or meeting with a recognized employee organization, the trial
court shall provide such notice and opportunity to meet at the
earliest practicable time following the adoption of the rule, policy,
or procedure.


71634.2.  (a) The trial court, or those representatives as it may
designate, shall meet and confer in good faith regarding wages,
hours, and other terms and conditions of employment within the scope
of representation, as defined in Section 71634, with representatives
of the recognized employee organizations, as defined in Section
71611, and shall consider fully the presentations as are made by the
recognized employee organization on behalf of its members prior to
arriving at a determination of policy or course of action.
   (b) In fulfilling the requirements of subdivision (a), the court
and the county may consult with each other, may negotiate jointly,
and each may designate the other in writing as its agent on any
matters within the scope of representation.



71634.3.  If agreement is reached by the representatives of the
trial court and a recognized employee organization or organizations,
they shall jointly prepare a written memorandum of the agreement or
understanding, which shall not be binding, and present it to the
trial court or its designee for determination.



71634.4.  If after a reasonable period of time, representatives of
the trial court and the recognized employee organization fail to
reach agreement, the trial court and the recognized employee
organization or recognized employee organizations together may agree
upon the appointment of a mediator mutually agreeable to the parties.
Costs of mediation, if any, shall be divided one-half to the trial
court and one-half to the recognized employee organization or
recognized employee organizations.



71635.  The trial court shall allow a reasonable number of trial
court employee representatives of recognized employee organizations
reasonable time off, without loss of compensation or other benefits,
when formally meeting and conferring with representatives of the
trial court on matters within the scope of representation.




71635.1.  Trial courts and employee organizations shall not
interfere with, intimidate, restrain, coerce, or discriminate against
court employees because of their exercise of their rights under
Section 71631.


71636.  (a) A trial court may adopt reasonable rules and
regulations, after consultation in good faith with representatives of
a recognized employee organization or organizations, for the
administration of employer-employee relations under this article.
These rules and regulations may include provisions for:
   (1) Verifying that an organization does in fact represent
employees of the trial court.
   (2) Verifying the official status of employee organization
officers and representatives.
   (3) Recognition of employee organizations.
   (4) Exclusive recognition of employee organizations formally
recognized pursuant to a vote of the employees of the trial court or
an appropriate unit thereof, subject to the right of an employee to
represent himself or herself as provided in Section 71631.
   (5) Additional procedures for the resolution of disputes involving
wages, hours, and other terms and conditions of employment.
   (6) Access of employee organization officers and representatives
to work locations.
   (7) Use of official bulletin boards and other means of
communication by employee organizations.
   (8) Furnishing nonconfidential information pertaining to
employment relations to employee organizations.
   (9) Any other matters as are necessary to carry out the purposes
of this article.
   (b) Exclusive recognition of employee organizations formally
recognized as majority representatives pursuant to a vote of the
employees may be revoked by a majority vote of the employees only
after a period of not less than 12 months following the date of
recognition.
   (c) No trial court shall unreasonably withhold recognition of
employee organizations. A trial court may not offer to provide
employees benefits of any kind for the purpose of inducing those
employees to decertify or withdraw support from a recognized employee
organization.
   (d) Pursuant to the obligation to meet and confer in good faith,
the trial court shall establish procedures to determine the
appropriateness of any bargaining unit of court employees.
   (e) Trial court employees and employee organizations shall be able
to challenge a rule or regulation of a trial court as a violation of
this chapter.



71636.1.  In the absence of local procedures for resolving disputes
on the appropriateness of a unit of representation, upon the request
of any of the parties, the dispute shall be submitted to the Division
of Conciliation of the Department of Industrial Relations for the
mediation or for recommendation for resolving the dispute.




71636.3.  (a) Unit determinations and representation elections shall
be determined and processed in accordance with rules adopted by a
trial court in accordance with this chapter. In a representation
election, a majority of the votes cast by the employees in the
appropriate bargaining unit shall be required.
   (b) Notwithstanding subdivision (a) and rules adopted by a trial
court pursuant to Section 71636, a bargaining unit in effect as of
January 1, 2002, shall continue in effect unless changed under the
rules adopted by the trial court pursuant to Section 71636.
   (c) A trial court shall grant exclusive or majority recognition to
an employee organization based on a signed petition, authorization
cards, or union membership cards showing that a majority of the
employees in an appropriate bargaining unit desire the
representation, unless another labor organization has previously been
lawfully recognized as exclusive or majority representative of all
or part of the same unit. Exclusive or majority representation shall
be determined by a neutral third party, selected by the trial court
and the employee organization, who shall review the signed petition,
authorization cards, or union membership cards to verify the
exclusive or majority status of the employee organization. If the
trial court and the employee organization cannot agree on a neutral
third party, the Division of Conciliation of the Department of
Industrial Relations shall be the neutral third party and shall
verify 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 labor
organization has the support of at least 30 percent of the employees
in the unit in which recognition is sought, the neutral third party
shall order an election to establish which labor organization, if
any, has majority status.



71637.  (a) For purposes of this article, professional employees
shall not be denied the right to be represented separately from
nonprofessional employees by a professional employee organization
consisting of those professional employees. In the event of a dispute
on the appropriateness of a unit of representation for professional
employees, upon request of any of the parties, the dispute shall be
submitted to the Division of Conciliation of the Department of
Industrial Relations for mediation or for recommendation for
resolving the dispute.
   (b) For the purpose of this section, "professional employees"
means employees engaged in work requiring specialized knowledge and
skills attained through completion of a recognized course of
instruction, including, but not limited to, attorneys.



71637.1.  For purposes of this article, in addition to those rules
and regulations that a trial court may adopt pursuant to, and in the
same manner as set forth in, Section 71636, any trial court may adopt
reasonable rules and regulations providing for designation of the
management and confidential employees of the trial court and
restricting those employees from representing any employee
organization that represents other employees of the trial court, on
matters within the scope of representation. Except as specifically
provided otherwise in this article, this section does not otherwise
limit 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 a
dues deduction from his or her salary or wages in the same manner
provided 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, an
employee organization that is recognized as a representative of a
group of trial court employees or the exclusive representative of an
established bargaining unit of trial court employees, either by the
county or the trial court, shall continue to be recognized by the
trial court as a representative or the exclusive representative of
the same trial court employees. A trial court and recognized employee
organization shall be bound by the terms of any memorandum of
understanding or agreement covering trial court employees to which
the trial court or the county is a party that is in effect on the
implementation date of this chapter for the duration thereof, or
until it expires and, consistent with law, is replaced by a successor
memorandum of understanding or agreement, subject to the obligation
to meet and confer in good faith. Upon expiration of a memorandum of
understanding or agreement, the trial court shall meet and confer in
good faith with recognized employee organizations.
   (b) A trial court's local rules governing trial court employees
and a trial court's personnel rules, policies, and practices, and any
county rules in effect pursuant to former Rule 2205 of the
California Rules of Court as adopted on April 23, 1997, in effect at
the time of the implementation date of this chapter, to the extent
they are not contrary to or inconsistent with the obligations and
duties provided for in this article, shall continue in effect until
changed by the trial court. Prior to changing any rule, policy, or
practice that affects any matter within the scope of representation
as set forth in this article, the court shall meet and confer in good
faith with the recognized employee organization as provided for in
this chapter.
   (c) Nothing contained in this article is intended to preclude
trial court employees from continuing to be included in
representation units which contain county employees.



71639.1.  (a) As used in this article, "board" means the Public
Employment Relations Board established pursuant to Section 3541.
   (b) The powers and duties of the board described in Section 3541.3
shall also apply, as appropriate, to this article and shall include
the authority as set forth in subdivisions (c) and (d). Included
among the appropriate powers of the board are the power to order
elections, to conduct any election the board orders, and to adopt
rules to apply in areas where a trial court has no rule.
   (c) A complaint alleging any violation of this article or of any
rules and regulations adopted by a trial court pursuant to Section
71636 shall be processed as an unfair practice charge by the board.
The initial determination as to whether the charge of unfair practice
is justified and, if so, the appropriate remedy necessary to
effectuate the purposes of this article, shall be a matter within the
exclusive jurisdiction of the board. The board shall apply and
interpret unfair labor practices consistent with existing judicial
interpretations of this article and Section 71639.3. The board shall
not 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, except that if the rules and regulations adopted by a
trial court require exhaustion of a remedy prior to filing an unfair
practice charge or the charging party chooses to exhaust a trial
court's remedy prior to filing an unfair practice charge, the
six-month limitation set forth in this subsection shall be tolled
during such reasonable amount of time it takes the charging party to
exhaust the remedy, but nothing herein shall require a charging party
to exhaust a remedy when that remedy would be futile.
   (d) The board shall enforce and apply rules adopted by a trial
court concerning unit determinations, representation, recognition,
and elections.
   (e) This section does not apply to employees designated as
management employees under Section 71637.1.
   (f) The board shall not find it an unfair practice for an employee
organization to violate a rule or regulation adopted by a trial
court if that rule or regulation is itself in violation of this
article.



71639.2.  The enactment of this article shall not be construed as
making Section 923 of the Labor Code applicable to trial court
employees.


71639.3.  Trial courts and trial court employees are not covered by
Chapter 10 (commencing with Section 3500) of Division 4 of Title 1,
or any subsequent changes to these sections except as provided in
this article. However, where the language of this article is the same
or substantially the same as that contained in Chapter 10
(commencing with Section 3500) of Division 4 of Title 1, it shall be
interpreted and applied in accordance with the judicial
interpretations of the same language.



71639.4.  (a) Any charging party, respondent, or intervenor
aggrieved by a final decision or order of the board in an unfair
practice case, except a decision of the board not to issue a
complaint in such a case, and any party to a final decision or order
of the board in a unit determination, representation, recognition, or
election matter that is not brought as an unfair practice case, may
petition for a writ of extraordinary relief from that decision or
order. A board order directing an election may not be stayed pending
judicial review.
   (b) A petition for a writ of extraordinary relief shall be filed
in the district court of appeal having jurisdiction over the county
where the events giving rise to the decision or order occurred. The
petition shall be filed within 30 days from the date of the issuance
of the board's final decision or order, or order denying
reconsideration, as applicable. Upon the filing of the petition, the
court shall cause notice to be served upon the board and thereafter
shall have jurisdiction of the proceeding. The board shall file in
the court the record of the proceeding, certified by the board,
within 10 days after the clerk's notice unless that time is extended
by the court for good cause shown. The court shall have jurisdiction
to grant any temporary relief or restraining order it deems just and
proper, and in like manner to make and enter a decree enforcing,
modifying, and enforcing as modified, or setting aside in whole or in
part the decision or order of the board. The findings of the board
with respect to questions of fact, including ultimate facts, if
supported by substantial evidence on the record considered as a
whole, shall be conclusive. Title 1 (commencing with Section 1067) of
Part 3 of the Code of Civil Procedure relating to writs shall,
except where specifically superseded by this section, apply to
proceedings pursuant to this section.
   (c) If the time to petition for extraordinary relief from a board
decision or order has expired, the board may seek enforcement of any
final decision or order in a district court of appeal or superior
court having jurisdiction over the county where the events giving
rise to the decision or order occurred. The board shall respond
within 10 days to any inquiry from a party to the action as to why
the board has not sought court enforcement of the final decision or
order. If the response does not indicate that there has been
compliance with the board's final decision or order, the board shall
seek enforcement of the final decision or order upon the request of
the party. The board shall file in the court the record of the
proceeding, certified by the board, and appropriate evidence
disclosing the failure to comply with the decision or order. If,
after hearing, the court determines that the order was issued
pursuant to the procedures established by the board and that the
person or entity refuses to comply with the order, the court shall
enforce the order by writ of mandamus or other proper process. The
court may not review the merits of the order.



71639.5.  (a) Any written agreements reached through negotiations
held pursuant to this article are binding upon the parties, upon
adoption under Section 71634.3, and, notwithstanding Sections 1085
and 1103 of the Code of Civil Procedure requiring the issuance of a
writ to an inferior tribunal, any of those agreements may be enforced
by petitioning the superior court for relief pursuant to Section
1085 or 1103 of the Code of Civil Procedure.
   (b) Written agreements reached through negotiations held pursuant
to this article that contain provisions requiring the arbitration of
controversies arising out of the agreement shall be subject to
enforcement under Title 9 (commencing with Section 1280) of Part 3 of
the Code of Civil Procedure.
   (c) The Judicial Council shall adopt rules of court that shall
provide a mechanism for the establishment of a panel of court of
appeal justices who shall be qualified to hear petitions under Title
9 (commencing with Section 1280) of Part 3 of the Code of Civil
Procedure, and writ applications under Sections 1085 and 1103 of the
Code of Civil Procedure, and as specified in those rules, from which
a single justice shall be assigned to hear the matter in the superior
court. The rules of court shall provide that these matters shall be
heard in the superior court, and to the extent permitted by law,
shall provide that any justice assigned to hear the matter in the
superior court shall not be from the court of appeal district in
which the action is filed, and shall further provide that appeals in
such matters shall be heard in the court of appeal district where the
matter was filed.


State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 71630-71639.5

GOVERNMENT CODE
SECTION 71630-71639.5



71630.  (a) It is the purpose of this article to promote full
communication between trial courts and their employees by providing a
reasonable method for resolving disputes regarding wages, hours, and
other terms and conditions of employment between trial courts and
recognized employee organizations. It is also the purpose of this
article to promote the improvement of personnel management and
employer-employee relations within the trial courts in the state by
providing a uniform basis for recognizing the right of trial court
employees to join organizations of their own choice and to be
represented by those organizations in their employment relations with
trial courts. It is also the purpose of this article to extend to
trial court employees the right, and to require trial courts, to meet
and confer in good faith over matters within the scope of
representation, consistent with the procedures set forth in this
article. This article is not intended to require changes in existing
representation units, memoranda of agreement or understanding, or
court rules, except as provided in this article.
   (b) The Legislature finds and declares that the duties and
responsibilities of trial court representatives under this article
are substantially similar to the duties and responsibilities required
under existing collective bargaining enforcement procedures and
therefore the costs incurred by the trial court representatives in
performing those duties and responsibilities under this article are
not reimbursable as state-mandated costs.



71631.  Except as otherwise provided by the Legislature, trial court
employees shall have the right to form, join, and participate in the
activities of employee organizations of their own choosing for the
purpose of representation on all matters of employer-employee
relations. Trial court employees also shall have the right to refuse
to join or participate in the activities of employee organizations
and shall have the right to represent themselves individually in
their employment relations with the trial court.



71632.  (a) Notwithstanding any other provision of law, rule, or
regulation, an agency shop agreement may be negotiated between a
trial court and a recognized employee organization which has been
recognized as the exclusive or majority bargaining agent pursuant to
reasonable rules and regulations, and enactments, in accordance with
this article. As used in this article, "agency shop" means an
arrangement that requires an employee, as a condition of continued
employment, either to join the recognized employee organization, or
to pay the organization a service fee in an amount not to exceed the
standard initiation fee, periodic dues, and general assessments of
that organization for the duration of the agreement or a period of
three years from the effective date of the agreement, whichever comes
first. However, any employee who is a member of a bona fide
religion, body, or sect which has historically held conscientious
objections to joining or financially supporting recognized employee
organizations shall not be required to join or financially support
any 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, nonlabor
charitable organization fund exempt from taxation under Section 501
(c)(3) of the Internal Revenue Code, chosen by the employee from a
list of at least three such funds designated in a memorandum of
understanding or agreement between the trial court and the recognized
employee organization, or if the memorandum of understanding or
agreement fails to designate such funds, then to any such fund chosen
by the employee. Proof of those payments shall be made on a monthly
basis to the trial court as a condition of continued exemption from
the requirement of financial support to the recognized employee
organization.
   (b) An agency shop provision in a memorandum of understanding or
agreement which is in effect may be rescinded by a majority vote of
all the employees in the unit covered by the memorandum of
understanding or agreement, provided that: (1) a request for such a
vote is supported by a petition containing the signatures of at least
30 percent of the employees in the unit; (2) the vote is by secret
ballot; and (3) the vote may be taken at anytime during the term of
such memorandum of understanding or agreement, but in no event shall
there be more than one vote taken during that term. However, the
trial court and the recognized employee organization may negotiate,
and by mutual agreement provide for, an alternative procedure or
procedures 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 an
agency shop provision shall keep an adequate itemized record of its
financial transactions and shall make available annually, to the
trial court with which the agency shop provision was negotiated, and
to the employees who are members of the organization, within 60 days
after the end of its fiscal year, a detailed written financial report
thereof in the form of a balance sheet and an operating statement,
certified as to accuracy by its president and treasurer or
corresponding principal officer, or by a certified public accountant.
An employee organization required to file financial reports under
the federal Labor-Management Disclosure Act of 1959 covering
employees governed by this chapter or required to file financial
reports under Section 3546.5, may satisfy the financial reporting
requirement of this section by providing the trial court with a copy
of those financial reports.
   (e) If the trial court is party to any memorandum of understanding
or agreement with any bargaining unit that includes court employees
that provides for an agency shop provision as of the implementation
date of this chapter, the trial court and employee organization
representing the trial court employees shall be obligated to honor
the terms of the agency shop provision, including indemnification
provisions, if any, for the duration of the memorandum of
understanding or agreement. A new agency shop election shall not be
caused upon implementation of this chapter.
   (f) This section shall remain in effect until such time as Section
3502.5 is amended to provide that a 30-percent or greater showing of
interest by means of a petition requires an election regarding an
agency shop, and a vote at that election of 50 percent plus one of
those voting secures an agency shop arrangement, and as of that date
this section is repealed.



71632.5.  (a) Notwithstanding any other provision of law, rule, or
regulation, an agency shop agreement may be negotiated between a
trial court and a recognized employee organization that has been
recognized as the exclusive or majority bargaining agent pursuant to
reasonable rules and regulations, and enactments, in accordance with
this article. As used in this article, "agency shop" means an
arrangement that requires an employee, as a condition of continued
employment, either to join the recognized employee organization, or
to pay the organization a service fee in an amount not to exceed the
standard initiation fee, periodic dues, and general assessments of
that organization for the duration of the agreement or a period of
three years from the effective date of the agreement, whichever comes
first. However, any employee who is a member of a bona fide
religion, body, or sect that has historically held conscientious
objections to joining or financially supporting recognized employee
organizations shall not be required to join or financially support
any recognized employee organization as a condition of employment.
That 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, nonlabor charitable
organization fund exempt from taxation under Section 501 (c)(3) of
the Internal Revenue Code, chosen by the employee from a list of at
least three funds, designated in a memorandum of understanding or
agreement between the trial court and the recognized employee
organization, or if the memorandum of understanding or agreement
fails to designate any funds, then to any fund chosen by the
employee. Proof of those payments shall be made on a monthly basis to
the trial court as a condition of continued exemption from the
requirement of financial support to the recognized employee
organization.
   (b) An agency shop provision in a memorandum of understanding or
agreement which is in effect may be rescinded by a majority vote of
all the employees in the unit covered by the memorandum of
understanding or agreement, provided that (1) a request for the vote
is supported by a petition containing the signatures of at least 30
percent of the employees in the unit; (2) the vote is by secret
ballot; and (3) the vote may be taken at any time during the term of
the memorandum of understanding or agreement, but in no event shall
there be more than one vote taken during that term.
   (c) In addition to the procedure prescribed in subdivision (a), an
agency shop arrangement between the trial court and a recognized
employee organization or recognized employee organizations shall be
placed in effect, without a negotiated agreement, upon (1) a signed
petition of at least 30 percent of the employees in the applicable
bargaining unit requesting an agency shop agreement and an election
to implement an agency fee arrangement, and (2) the approval of a
majority of employees who cast ballots and vote in a secret ballot
election in favor of the agency shop agreement. The petition may only
be filed after the recognized employee organization has requested
the trial court to negotiate on an agency shop arrangement and,
beginning seven working days after the trial court received this
request, the two parties have had 30 calendar days to attempt good
faith negotiations in an effort to reach agreement. An election, that
may not be held more frequently than once a year, shall be conducted
by the Division of Conciliation of the Department of Industrial
Relations in the event that the trial court and the recognized
employee organization cannot agree within 10 days from the filing of
the petition to select jointly a neutral person or entity to conduct
the election. In the event of an agency fee arrangement outside of an
agreement that was in effect on January 1, 2002, the recognized
employee organization shall defend, indemnify, and hold the trial
court harmless against any liability arising from any claims,
demands, or other action relating to the trial court's compliance
with the agency fee obligation. Upon notification to the trial court
by the recognized employee organization, the amount of the fee shall
be deducted by the trial court from the wages or salary of the
employee and paid to the employee organization. This subdivision
shall be applicable on the operative date of this section, except
that if a memorandum of understanding or agreement between the trial
court and a recognized employee organization was in effect before
January 1, 2002, as to the employees covered by the memorandum of
understanding or agreement, the implementation date of this
subdivision shall be either the date a successor memorandum of
understanding or agreement is effective or, if no agreement for a
successor memorandum of understanding or agreement is reached, 90
days from the date of the expiration of the predecessor memorandum of
understanding or agreement. The trial court and representatives of
recognized employee organizations may mutually agree to a different
date on which this subdivision is applicable.
   (d) Notwithstanding subdivisions (a), (b), and (c), the trial
court and the recognized employee organization may negotiate, and by
mutual agreement provide for, an alternative procedure or procedures
regarding a vote on any agency shop agreement.
   (e) An agency shop agreement or arrangement does not apply to
management, confidential, or supervisory employees. If those
employees nonetheless choose to join the recognized employee
organization and pay dues or pay the organization a service fee,
Section 71638 shall apply to those employees, and the trial court
shall administer deductions for which the recognized employee
organization shall defend, indemnify, and hold the trial court
harmless.
   (f) Every recognized employee organization that has agreed to an
agency shop provision, or is a party to an agency shop arrangement,
shall keep an adequate itemized record of its financial transactions
and shall make available annually, to the trial court with which the
agency shop provision was negotiated, and to the employees who are
members of the organization, within 60 days after the end of its
fiscal year, a detailed written financial report thereof in the form
of a balance sheet and an operating statement, certified as to
accuracy by its president and treasurer or corresponding principal
officer, or by a certified public accountant. An employee
organization required to file financial reports under the federal
Labor-Management Disclosure Act of 1959 covering employees governed
by this chapter or required to file financial reports under Section
3546.5, may satisfy the financial reporting requirement of this
section by providing the trial court with a copy of those financial
reports.
   (g) This section shall become operative only if Section 3502.5 is
amended to provide that a 30-percent or greater showing of interest
by means of a petition requires an election regarding an agency shop,
and a vote at that election of 50 percent plus one of those voting
secures an agency shop arrangement.
   (h) A trial court may not offer employees inducements or benefits
of any kind in return for employees opposing or rescinding an agency
shop arrangement.


71632.6.  If the trial court is party to any memorandum of
understanding or agreement with any bargaining unit that includes
court employees that provides for an agency shop provision as of the
implementation date of this chapter, the trial court and employee
organization representing the trial court employees shall be
obligated to honor the terms of the agency shop provision, including
indemnification provisions, if any, for the duration of the
memorandum of understanding or agreement. The implementation of this
chapter shall not be a cause for a new agency shop election.




71633.  Recognized employee organizations shall have the right to
represent their members in their employment relations with trial
courts as to matters covered by this article. Employee organizations
may establish reasonable restrictions regarding who may join and may
make reasonable provisions for the dismissal of individuals from
membership. Nothing in this article shall prohibit any employee from
appearing on his or her own behalf regarding employment relations
with the trial court.



71634.  (a) The scope of representation shall include all matters
relating to employment conditions and employer-employee relations,
including, but not limited to, wages, hours, and other terms and
conditions of employment. However, the scope of representation shall
not include consideration of the merits, necessity, or organization
of any service or activity provided by law or executive order.
   (b) In view of the unique and special responsibilities of the
trial courts in the administration of justice, decisions regarding
the following matters shall not be included within the scope of
representation:
   (1) The merits and administration of the trial court system.
   (2) Coordination, consolidation, and merger of trial courts and
support 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 included
within the scope of representation as those matters affect wages,
hours, and terms and conditions of employment of trial court
employees. The court shall be required to meet and confer in good
faith with respect to that impact.
   (d) The trial court shall continue to have the right to determine
assignments and transfers of trial court employees; provided that the
process, procedures, and criteria for assignments and transfers
shall be included within the scope of representation.




71634.1.  (a) Except in cases of emergency as provided in this
section, the trial court shall give reasonable written notice to each
recognized employee organization affected by any rule, practice, or
policy directly relating to matters within the scope of
representation proposed to be adopted by the trial court and shall
give each such recognized employee organization the opportunity to
meet with the trial court.
   (b) In cases of emergency when the trial court determines that any
rule, policy, or procedure must be adopted immediately without prior
notice or meeting with a recognized employee organization, the trial
court shall provide such notice and opportunity to meet at the
earliest practicable time following the adoption of the rule, policy,
or procedure.


71634.2.  (a) The trial court, or those representatives as it may
designate, shall meet and confer in good faith regarding wages,
hours, and other terms and conditions of employment within the scope
of representation, as defined in Section 71634, with representatives
of the recognized employee organizations, as defined in Section
71611, and shall consider fully the presentations as are made by the
recognized employee organization on behalf of its members prior to
arriving at a determination of policy or course of action.
   (b) In fulfilling the requirements of subdivision (a), the court
and the county may consult with each other, may negotiate jointly,
and each may designate the other in writing as its agent on any
matters within the scope of representation.



71634.3.  If agreement is reached by the representatives of the
trial court and a recognized employee organization or organizations,
they shall jointly prepare a written memorandum of the agreement or
understanding, which shall not be binding, and present it to the
trial court or its designee for determination.



71634.4.  If after a reasonable period of time, representatives of
the trial court and the recognized employee organization fail to
reach agreement, the trial court and the recognized employee
organization or recognized employee organizations together may agree
upon the appointment of a mediator mutually agreeable to the parties.
Costs of mediation, if any, shall be divided one-half to the trial
court and one-half to the recognized employee organization or
recognized employee organizations.



71635.  The trial court shall allow a reasonable number of trial
court employee representatives of recognized employee organizations
reasonable time off, without loss of compensation or other benefits,
when formally meeting and conferring with representatives of the
trial court on matters within the scope of representation.




71635.1.  Trial courts and employee organizations shall not
interfere with, intimidate, restrain, coerce, or discriminate against
court employees because of their exercise of their rights under
Section 71631.


71636.  (a) A trial court may adopt reasonable rules and
regulations, after consultation in good faith with representatives of
a recognized employee organization or organizations, for the
administration of employer-employee relations under this article.
These rules and regulations may include provisions for:
   (1) Verifying that an organization does in fact represent
employees of the trial court.
   (2) Verifying the official status of employee organization
officers and representatives.
   (3) Recognition of employee organizations.
   (4) Exclusive recognition of employee organizations formally
recognized pursuant to a vote of the employees of the trial court or
an appropriate unit thereof, subject to the right of an employee to
represent himself or herself as provided in Section 71631.
   (5) Additional procedures for the resolution of disputes involving
wages, hours, and other terms and conditions of employment.
   (6) Access of employee organization officers and representatives
to work locations.
   (7) Use of official bulletin boards and other means of
communication by employee organizations.
   (8) Furnishing nonconfidential information pertaining to
employment relations to employee organizations.
   (9) Any other matters as are necessary to carry out the purposes
of this article.
   (b) Exclusive recognition of employee organizations formally
recognized as majority representatives pursuant to a vote of the
employees may be revoked by a majority vote of the employees only
after a period of not less than 12 months following the date of
recognition.
   (c) No trial court shall unreasonably withhold recognition of
employee organizations. A trial court may not offer to provide
employees benefits of any kind for the purpose of inducing those
employees to decertify or withdraw support from a recognized employee
organization.
   (d) Pursuant to the obligation to meet and confer in good faith,
the trial court shall establish procedures to determine the
appropriateness of any bargaining unit of court employees.
   (e) Trial court employees and employee organizations shall be able
to challenge a rule or regulation of a trial court as a violation of
this chapter.



71636.1.  In the absence of local procedures for resolving disputes
on the appropriateness of a unit of representation, upon the request
of any of the parties, the dispute shall be submitted to the Division
of Conciliation of the Department of Industrial Relations for the
mediation or for recommendation for resolving the dispute.




71636.3.  (a) Unit determinations and representation elections shall
be determined and processed in accordance with rules adopted by a
trial court in accordance with this chapter. In a representation
election, a majority of the votes cast by the employees in the
appropriate bargaining unit shall be required.
   (b) Notwithstanding subdivision (a) and rules adopted by a trial
court pursuant to Section 71636, a bargaining unit in effect as of
January 1, 2002, shall continue in effect unless changed under the
rules adopted by the trial court pursuant to Section 71636.
   (c) A trial court shall grant exclusive or majority recognition to
an employee organization based on a signed petition, authorization
cards, or union membership cards showing that a majority of the
employees in an appropriate bargaining unit desire the
representation, unless another labor organization has previously been
lawfully recognized as exclusive or majority representative of all
or part of the same unit. Exclusive or majority representation shall
be determined by a neutral third party, selected by the trial court
and the employee organization, who shall review the signed petition,
authorization cards, or union membership cards to verify the
exclusive or majority status of the employee organization. If the
trial court and the employee organization cannot agree on a neutral
third party, the Division of Conciliation of the Department of
Industrial Relations shall be the neutral third party and shall
verify 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 labor
organization has the support of at least 30 percent of the employees
in the unit in which recognition is sought, the neutral third party
shall order an election to establish which labor organization, if
any, has majority status.



71637.  (a) For purposes of this article, professional employees
shall not be denied the right to be represented separately from
nonprofessional employees by a professional employee organization
consisting of those professional employees. In the event of a dispute
on the appropriateness of a unit of representation for professional
employees, upon request of any of the parties, the dispute shall be
submitted to the Division of Conciliation of the Department of
Industrial Relations for mediation or for recommendation for
resolving the dispute.
   (b) For the purpose of this section, "professional employees"
means employees engaged in work requiring specialized knowledge and
skills attained through completion of a recognized course of
instruction, including, but not limited to, attorneys.



71637.1.  For purposes of this article, in addition to those rules
and regulations that a trial court may adopt pursuant to, and in the
same manner as set forth in, Section 71636, any trial court may adopt
reasonable rules and regulations providing for designation of the
management and confidential employees of the trial court and
restricting those employees from representing any employee
organization that represents other employees of the trial court, on
matters within the scope of representation. Except as specifically
provided otherwise in this article, this section does not otherwise
limit 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 a
dues deduction from his or her salary or wages in the same manner
provided 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, an
employee organization that is recognized as a representative of a
group of trial court employees or the exclusive representative of an
established bargaining unit of trial court employees, either by the
county or the trial court, shall continue to be recognized by the
trial court as a representative or the exclusive representative of
the same trial court employees. A trial court and recognized employee
organization shall be bound by the terms of any memorandum of
understanding or agreement covering trial court employees to which
the trial court or the county is a party that is in effect on the
implementation date of this chapter for the duration thereof, or
until it expires and, consistent with law, is replaced by a successor
memorandum of understanding or agreement, subject to the obligation
to meet and confer in good faith. Upon expiration of a memorandum of
understanding or agreement, the trial court shall meet and confer in
good faith with recognized employee organizations.
   (b) A trial court's local rules governing trial court employees
and a trial court's personnel rules, policies, and practices, and any
county rules in effect pursuant to former Rule 2205 of the
California Rules of Court as adopted on April 23, 1997, in effect at
the time of the implementation date of this chapter, to the extent
they are not contrary to or inconsistent with the obligations and
duties provided for in this article, shall continue in effect until
changed by the trial court. Prior to changing any rule, policy, or
practice that affects any matter within the scope of representation
as set forth in this article, the court shall meet and confer in good
faith with the recognized employee organization as provided for in
this chapter.
   (c) Nothing contained in this article is intended to preclude
trial court employees from continuing to be included in
representation units which contain county employees.



71639.1.  (a) As used in this article, "board" means the Public
Employment Relations Board established pursuant to Section 3541.
   (b) The powers and duties of the board described in Section 3541.3
shall also apply, as appropriate, to this article and shall include
the authority as set forth in subdivisions (c) and (d). Included
among the appropriate powers of the board are the power to order
elections, to conduct any election the board orders, and to adopt
rules to apply in areas where a trial court has no rule.
   (c) A complaint alleging any violation of this article or of any
rules and regulations adopted by a trial court pursuant to Section
71636 shall be processed as an unfair practice charge by the board.
The initial determination as to whether the charge of unfair practice
is justified and, if so, the appropriate remedy necessary to
effectuate the purposes of this article, shall be a matter within the
exclusive jurisdiction of the board. The board shall apply and
interpret unfair labor practices consistent with existing judicial
interpretations of this article and Section 71639.3. The board shall
not 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, except that if the rules and regulations adopted by a
trial court require exhaustion of a remedy prior to filing an unfair
practice charge or the charging party chooses to exhaust a trial
court's remedy prior to filing an unfair practice charge, the
six-month limitation set forth in this subsection shall be tolled
during such reasonable amount of time it takes the charging party to
exhaust the remedy, but nothing herein shall require a charging party
to exhaust a remedy when that remedy would be futile.
   (d) The board shall enforce and apply rules adopted by a trial
court concerning unit determinations, representation, recognition,
and elections.
   (e) This section does not apply to employees designated as
management employees under Section 71637.1.
   (f) The board shall not find it an unfair practice for an employee
organization to violate a rule or regulation adopted by a trial
court if that rule or regulation is itself in violation of this
article.



71639.2.  The enactment of this article shall not be construed as
making Section 923 of the Labor Code applicable to trial court
employees.


71639.3.  Trial courts and trial court employees are not covered by
Chapter 10 (commencing with Section 3500) of Division 4 of Title 1,
or any subsequent changes to these sections except as provided in
this article. However, where the language of this article is the same
or substantially the same as that contained in Chapter 10
(commencing with Section 3500) of Division 4 of Title 1, it shall be
interpreted and applied in accordance with the judicial
interpretations of the same language.



71639.4.  (a) Any charging party, respondent, or intervenor
aggrieved by a final decision or order of the board in an unfair
practice case, except a decision of the board not to issue a
complaint in such a case, and any party to a final decision or order
of the board in a unit determination, representation, recognition, or
election matter that is not brought as an unfair practice case, may
petition for a writ of extraordinary relief from that decision or
order. A board order directing an election may not be stayed pending
judicial review.
   (b) A petition for a writ of extraordinary relief shall be filed
in the district court of appeal having jurisdiction over the county
where the events giving rise to the decision or order occurred. The
petition shall be filed within 30 days from the date of the issuance
of the board's final decision or order, or order denying
reconsideration, as applicable. Upon the filing of the petition, the
court shall cause notice to be served upon the board and thereafter
shall have jurisdiction of the proceeding. The board shall file in
the court the record of the proceeding, certified by the board,
within 10 days after the clerk's notice unless that time is extended
by the court for good cause shown. The court shall have jurisdiction
to grant any temporary relief or restraining order it deems just and
proper, and in like manner to make and enter a decree enforcing,
modifying, and enforcing as modified, or setting aside in whole or in
part the decision or order of the board. The findings of the board
with respect to questions of fact, including ultimate facts, if
supported by substantial evidence on the record considered as a
whole, shall be conclusive. Title 1 (commencing with Section 1067) of
Part 3 of the Code of Civil Procedure relating to writs shall,
except where specifically superseded by this section, apply to
proceedings pursuant to this section.
   (c) If the time to petition for extraordinary relief from a board
decision or order has expired, the board may seek enforcement of any
final decision or order in a district court of appeal or superior
court having jurisdiction over the county where the events giving
rise to the decision or order occurred. The board shall respond
within 10 days to any inquiry from a party to the action as to why
the board has not sought court enforcement of the final decision or
order. If the response does not indicate that there has been
compliance with the board's final decision or order, the board shall
seek enforcement of the final decision or order upon the request of
the party. The board shall file in the court the record of the
proceeding, certified by the board, and appropriate evidence
disclosing the failure to comply with the decision or order. If,
after hearing, the court determines that the order was issued
pursuant to the procedures established by the board and that the
person or entity refuses to comply with the order, the court shall
enforce the order by writ of mandamus or other proper process. The
court may not review the merits of the order.



71639.5.  (a) Any written agreements reached through negotiations
held pursuant to this article are binding upon the parties, upon
adoption under Section 71634.3, and, notwithstanding Sections 1085
and 1103 of the Code of Civil Procedure requiring the issuance of a
writ to an inferior tribunal, any of those agreements may be enforced
by petitioning the superior court for relief pursuant to Section
1085 or 1103 of the Code of Civil Procedure.
   (b) Written agreements reached through negotiations held pursuant
to this article that contain provisions requiring the arbitration of
controversies arising out of the agreement shall be subject to
enforcement under Title 9 (commencing with Section 1280) of Part 3 of
the Code of Civil Procedure.
   (c) The Judicial Council shall adopt rules of court that shall
provide a mechanism for the establishment of a panel of court of
appeal justices who shall be qualified to hear petitions under Title
9 (commencing with Section 1280) of Part 3 of the Code of Civil
Procedure, and writ applications under Sections 1085 and 1103 of the
Code of Civil Procedure, and as specified in those rules, from which
a single justice shall be assigned to hear the matter in the superior
court. The rules of court shall provide that these matters shall be
heard in the superior court, and to the extent permitted by law,
shall provide that any justice assigned to hear the matter in the
superior court shall not be from the court of appeal district in
which the action is filed, and shall further provide that appeals in
such matters shall be heard in the court of appeal district where the
matter was filed.