71800. This chapter shall be known and may be cited as the Trial
Court Interpreter Employment and Labor Relations Act.
71801. For purposes of this chapter, the following definitions
shall apply:
(a) "Certified interpreter" and "registered interpreter" have the
same meanings as in Article 4 (commencing with Section 68560) of
Chapter 2. This chapter does not apply to sign language interpreters.
(b) "Cross-assign" and "cross-assignment" refer to the appointment
of a court interpreter employed by a trial court to perform spoken
language interpretation services in another trial court, pursuant to
Section 71810.
(c) "Employee organization" means a labor organization that has as
one of its purposes representing employees in their relations with
the trial courts.
(d) "Mediation" means effort by an impartial third party to assist
in reconciling a dispute regarding wages, hours, and other terms and
conditions of employment between representatives of the trial court
or regional court interpreter committee and the recognized employee
organization through interpretation, suggestion, and advice.
(e) "Meet and confer in good faith" means that a trial court or
regional court interpreter committee or those representatives it may
designate, and representatives of a recognized employee organization,
shall have the mutual obligation personally to meet and confer
promptly upon request by either party and continue for a reasonable
period of time in order to exchange freely information, opinions, and
proposals, and to endeavor to reach agreement on matters within the
scope of representation. The process shall include adequate time for
the resolution of impasses where specific procedures for resolution
are contained in this chapter, or when the procedures are used by
mutual consent.
(f) "Personnel rules," "personnel policies, procedures, and plans,"
and "rules and regulations" mean policies, procedures, plans, rules,
or regulations adopted by a trial court or its designee pertaining
to conditions of employment of trial court employees, subject to meet
and confer in good faith.
(g) "Recognized employee organization" means an employee
organization that has been formally acknowledged to represent the
court interpreters employed by the trial courts in a region, pursuant
to this chapter.
(h) "Regional court interpreter employment relations committee"
means the committee established pursuant to Section 71807.
(i) "Regional transition period" means the period from January 1,
2003, to July 1, 2005, inclusive, except that the transition period
for the region may be terminated earlier by a memorandum of
understanding or agreement between the regional court interpreter
employment relations committee and a recognized employee
organization.
(j) "Transfer" means transfer within the trial court as defined in
the trial court's personnel policies, procedures, and plans, subject
to meet and confer in good faith.
(k) "Trial court" means the superior court in each county.
71802. (a) On and after July 1, 2003, trial courts shall appoint
trial court employees, rather than independent contractors, to
perform spoken language interpretation of trial court proceedings. An
interpreter may be an employee of the trial court or an employee of
another trial court on cross-assignment.
(b) Notwithstanding subdivision (a), a trial court may appoint an
independent contractor to perform spoken language interpretation of
trial court proceedings if one or more of the following circumstances
exists:
(1) An interpreter who is not registered or certified is appointed
on a temporary basis pursuant to Rule 984.2 of the California Rules
of Court.
(2) The interpreter is over 60 years of age on January 1, 2003, or
the sum of the interpreter's age in years on January 1, 2003, and
the number of years the interpreter has provided services to the
trial courts as an independent contractor prior to January 1, 2003,
is equal to or greater than 70, the interpreter has provided services
to the trial courts as an independent contractor prior to January 1,
2003, and the interpreter requests in writing prior to June 1, 2003,
the opportunity to perform services for the trial court as an
independent contractor rather than as an employee.
(3) The interpreter is paid directly by the parties to the
proceeding.
(4) The interpreter has performed services for the trial courts as
an independent contractor prior to January 1, 2003, the interpreter
notifies the trial court in writing prior to June 1, 2003, that the
interpreter is precluded from accepting employment because of the
terms of an employment contract with a public agency or the terms of
a public employee retirement program, the interpreter provides
supporting documentation, and the interpreter requests in writing the
opportunity to perform services for the trial court as an
independent contractor rather than an employee.
(c) Notwithstanding subdivisions (a) and (b), and unless otherwise
provided in a memorandum of understanding or agreement with a
recognized employee organization, a trial court may also appoint an
independent contractor on a day-to-day basis to perform spoken
language interpretation of trial court proceedings if all of the
following circumstances exist:
(1) The trial court has assigned all the available employees and
independent contractors appointed pursuant to paragraphs (2) and (4)
of subdivision (b) in the same language pair and has need for
additional interpreters. Employees and independent contractors who
are appointed pursuant to paragraphs (2) and (4) of subdivision (b)
shall be given priority for assignments over independent contractors
who are appointed pursuant to this subdivision.
(2) The interpreter has not previously been appointed as an
independent contractor by the same trial court on more than 100 court
days or parts of court days during the same calendar year, except
that the trial court may continue to appoint an independent
contractor on a day-to-day basis to complete a single court
proceeding, if the trial court determines that the use of the same
interpreter to complete that proceeding is necessary to provide
continuity. An interpreter who has been appointed by a trial court as
an independent contractor pursuant to this subdivision on more than
45 court days or parts of court days during the same calendar year
shall be entitled to apply for employment by that trial court as a
court interpreter pro tempore and the trial court may not refuse to
offer employment to the interpreter, except for cause. For purposes
of this section, "for cause" means a fair and honest cause or reason
regulated by good faith on the part of the party exercising the
power.
(3) The trial court does not provide independent contractors
appointed pursuant to this subdivision with lesser duties or more
favorable working conditions than those to which a court interpreter
pro tempore employed by that trial court would be subject for the
purpose of discouraging interpreters from applying for pro tempore
employment with the trial court. The trial court is not required to
apply the employee training, disciplinary, supervisory, and
evaluation procedures of the trial court to any independent
contractor.
(d) Only registered and certified interpreters may be hired by a
trial court as employees to perform spoken language interpretation of
trial court proceedings. Interpreters who are not certified or
registered may be assigned to provide services as independent
contractors only when certified and registered interpreters are
unavailable and the good cause and qualification procedures and
guidelines adopted by the Judicial Council pursuant to subdivision
(c) of Section 68561 have been followed.
(e) A trial court that has appointed independent contractors
pursuant to paragraph (1) of subdivision (b) or to subdivision (c)
for a language pair on more than 60 court days or parts of court days
in the prior 180 days shall provide public notice that the court is
accepting applications for the position of court interpreter pro
tempore for that language pair and shall offer employment to
qualified applicants.
(f) Unless the parties to the dispute agree upon other procedures
after the dispute arises, or other procedures are provided in a
memorandum of understanding or agreement with a recognized employee
organization, disputes concerning a violation of this section shall
be submitted for binding arbitration to the California State
Mediation and Conciliation Service.
71803. (a) In each trial court, there shall be a new employee
classification entitled "court interpreter pro tempore" to perform
simultaneous and consecutive interpretation and sight translation in
spoken languages for the trial courts. Unless otherwise provided in a
memorandum of understanding or agreement with a recognized employee
organization, all of the following applies to employees in this
classification:
(1) They shall be appointed by the trial court to perform work on
an as needed basis.
(2) They shall be paid on a per diem basis for work performed.
(3) They are not required to receive health, pension, or paid
leave benefits.
(b) Court interpreters pro tempore may accept appointments to
provide services in other trial courts pursuant to Section 71810.
(c) Unless otherwise provided in a memorandum of understanding or
agreement with a recognized employee organization, no rules and
regulations or personnel rules shall limit the number of hours or
days court interpreters pro tempore are permitted to work.
71804. (a) Each trial court shall offer to employ as a court
interpreter pro tempore each interpreter who meets all of the
following criteria:
(1) The interpreter is certified or registered.
(2) The interpreter has provided services to the same trial court
as an independent contractor on at least either:
(A) Thirty court days or parts of court days in both calendar year
2001 and calendar year 2002.
(B) Sixty court days or parts of court days in calendar year 2002.
(3) The interpreter has applied for the position of court
interpreter pro tempore prior to July 1, 2003, and has complied with
reasonable requirements for submitting an application and providing
documentation.
(4) The interpreter's application is not rejected by the trial
court for cause.
(b) Each trial court shall begin accepting applications for court
interpreters pro tempore by no later than May 1, 2003. Court
interpreters who qualify for employment pursuant to this section
shall receive offers of employment within 30 days after an
application is submitted. Applicants shall have at least 15 days to
accept or reject an offer of employment. The hiring process for
applicants who accept the offer of employment shall be completed
within 30 days after acceptance, but the trial court need not set
employment to commence prior to July 1, 2003.
(c) For purposes of this section, "for cause" means a fair and
honest cause or reason regulated by good faith on the part of the
party exercising the power.
(d) Unless the parties to a dispute agree upon other procedures
after the dispute arises, or other procedures are provided in a
memorandum of understanding or agreement with a recognized employee
organization, disputes about whether this section has been violated
during the regional transition period shall be resolved by binding
arbitration through the California State Mediation and Conciliation
Service.
71804.5. (a) After a trial court has considered applications under
Section 71804, the trial court may hire additional court interpreters
pro tempore pursuant to the personnel rules of the trial court.
(b) A court interpreter pro tempore may not be an employee of more
than one trial court, but may accept appointments to provide
services to more than one trial court through cross-assignments.
71805. (a) Until the conclusion of the regional transition period,
all interpreters who are employed by a trial court shall be
classified as court interpreters pro tempore, except as provided in
Section 71828, unless otherwise provided in a memorandum of
understanding or agreement with a recognized employee organization.
(b) This chapter does not require trial courts to alter their past
practices regarding the assignment of interpreters. If an
interpreter had a regular assignment for the trial court as an
independent contractor prior to the effective date of this chapter,
nothing in this chapter shall prohibit the trial court from
continuing to appoint the same interpreter to the same assignment as
a court interpreter pro tempore during the regional transition
period.
(c) During the regional transition period, the existing statewide
per diem pay rate may not be reduced, and the existing statewide
compensation policies set by the Judicial Council shall be
maintained, unless otherwise provided in a memorandum of
understanding or agreement with a recognized employee organization.
The per diem pay rate and compensation policies shall apply to court
interpreters pro tempore.
(d) Court interpreters pro tempore are not subject to disciplinary
action during the regional transition period, except for cause.
(e) For purposes of this section, "for cause" means a fair and
honest cause or reason regulated by good faith on the part of the
party exercising the power.
(f) During the regional transition period, a trial court may not
retaliate or threaten to retaliate against a court interpreter or
applicant for interpreter employment because of the individual's
membership in an interpreter association or employee organization,
participation in any grievance, complaint, or meet and confer
activities, or exercise of rights under this chapter, including by
changing past practices regarding assignments, refusing to offer work
to an interpreter, altering working conditions, or otherwise
coercing, harassing, or discriminating against an applicant or
interpreter.
(g) Unless the parties to a dispute agree upon other procedures
after the dispute arises, or other procedures are provided in a
memorandum of understanding or agreement with a recognized employee
organization, disputes about whether this section has been violated
shall be resolved by binding arbitration through the California State
Mediation and Conciliation Service.
71806. (a) At the conclusion of the regional transition period,
trial courts in the region may employ certified and registered
interpreters to perform spoken language interpretation for the trial
courts in full-time or part-time court interpreter positions created
by the trial courts with the authorization of the regional committee
and subject to meet and confer in good faith. The courts may also
continue to employ court interpreters pro tempore.
(b) For purposes of hiring interpreters for positions other than
court interpreters pro tempore, unless otherwise provided in a
memorandum of understanding or agreement with a recognized employee
organization, trial courts shall consider applicants in the following
order of priority:
(1) Court interpreters pro tempore in the same language who have
performed work for that trial court for at least 150 court days or
parts of court days during each of the past five years, including
time spent performing work for the trial court as an independent
contractor.
(2) Court interpreters pro tempore in the same language who have
performed work for that trial court for at least 60 court days or
parts of court days in each of the past five years, including time
spent performing work for the trial court as an independent
contractor.
(3) Court interpreters pro tempore in the same language who have
performed work for that trial court for at least 60 court days or
parts of court days in at least two of the past four years, including
time spent as an independent contractor.
(4) Other applicants.
(c) A trial court may not reject an applicant in favor of an
applicant with lower priority except for cause.
(d) For purposes of this section, "for cause" means a fair and
honest cause or reason regulated by good faith on the part of the
party exercising the power.
(e) Applicants may be required to provide sufficient documentation
to establish that they are entitled to priority in hiring. Trial
courts shall make their records of past assignments available to
interpreters for purposes of obtaining that documentation.
(f) Unless the parties to a dispute agree upon other procedures
after the dispute arises, or other procedures are provided in a
memorandum of understanding or agreement with a recognized employee
organization, disputes about whether this section has been violated
shall be resolved by binding arbitration through the California State
Mediation and Conciliation Service.
(g) Subdivision (b) shall become inoperative on January 1, 2007,
unless otherwise provided by a memorandum of understanding or
agreement with a recognized employee organization, and on and after
that time hiring shall be in accordance with the personnel rules of
the trial court.
71807. (a) For purposes of developing regional terms and conditions
of employment for court interpreters and for collective bargaining
with recognized employee organizations, the trial courts are divided
into four regions, as follows:
(1) Region 1: Los Angeles, Santa Barbara, and San Luis Obispo
Counties.
(2) Region 2: Counties of the First and Sixth Appellate Districts,
except Solano County.
(3) Region 3: Counties of the Third and Fifth Appellate Districts.
(4) Region 4: Counties of the Fourth Appellate District.
(b) The Judicial Council shall adopt rules for the creation and
operation of a regional court interpreter employment relations
committee for each region, composed of representatives chosen by the
trial courts within the region.
(c) The Judicial Council may divide each region into smaller
subregions for purposes of coordinating the cross-assignment of court
interpreters.
71808. The regional court interpreter employment relations
committee shall set terms and conditions of employment for court
interpreters within the region, subject to meet and confer in good
faith. These terms and conditions of employment, when adopted by the
regional committee, shall be binding on the trial courts within the
region. Compensation shall be uniform throughout the region. Unless
otherwise provided in a memorandum of understanding or agreement with
a recognized employee organization, other terms and conditions of
employment shall be uniform throughout the region, except that health
and welfare and pension benefits may be the same as those provided
to other employees of the same trial court.
71809. The regional court interpreter employment relations
committee shall act as the representative of the trial courts within
the region in bargaining with a recognized employee organization. A
memorandum of understanding or agreement ratified by the regional
court interpreter employment relations committee shall be considered
a binding agreement with each trial court within the region.
71810. (a) A court interpreter pro tempore employed by a trial
court may accept appointments to provide services to other trial
courts.
(b) The Judicial Council shall adopt procedures to facilitate the
efficient cross-assignment of court interpreters.
(c) Based on an assessment of interpreter use and current
practices, trial courts may create new employee positions for court
interpreters to perform spoken language interpretation for the trial
courts in classifications other than court interpreter pro tempore.
Some of these positions may include, as part of the duties of the
position, the requirement that the interpreter accept
cross-assignments, as defined in Section 71801, under procedures
adopted by the Judicial Council, and some positions may make the
acceptance of cross-assignments optional. Court interpreters pro
tempore, and other interpreters who have not accepted employment in a
position requiring the interpreter to accept cross-assignments, may
not be disciplined for declining a cross-assignment.
(d) The impact of cross-assignments shall be included within the
scope of representation as those matters affect wages, hours, and
terms and conditions of employment of court interpreters. The
regional court interpreter employment relations committee shall be
required to meet and confer in good faith with respect to that
impact.
(e) A court interpreter on cross-assignment shall be treated for
purposes of compensation, employee benefits, seniority, and
discipline and grievance procedures, as having performed the services
in the trial court in which the interpreter is employed.
(f) Court interpreters on cross-assignment shall be reimbursed for
mileage and other travel expenses at the same rates as other
judicial branch employees.
71811. Except as provided in this chapter, or by a memorandum of
understanding or agreement with a recognized employee organization,
court interpreters who are employed by a trial court shall be subject
to the same personnel rules as other employees of the trial court,
subject to meet and confer in good faith.
71812. Except as provided in this chapter, or by a memorandum of
understanding or agreement with a recognized employee organization,
each trial court may control the manner and means of the work
performed by court interpreters employed by the trial court and may
hire, supervise, discipline, and terminate employment of those court
interpreters in accordance with the personnel rules of the trial
court, including applicable employee protections and dispute
resolution mechanisms.
71812.5. (a) Court interpreters employed by the trial courts shall
be permitted to engage in outside employment or enterprises, except
where that activity would violate the professional conduct
requirements set forth in Rule 984.4 of the California Rules of
Court, would interfere with the employee's performance of his or her
duties for the trial courts, or would be incompatible, inconsistent,
or in conflict with the duties performed by the employee for the
trial courts.
(b) Unless the parties consent, an interpreter may not be
appointed by the trial court to interpret in a proceeding after
having previously interpreted on behalf of one of the parties, rather
than on behalf of the court, in that same matter. An interpreter
shall disclose that type of prior involvement to the trial court.
(c) An interpreter employed by a trial court is prohibited from
doing any of the following:
(1) Receiving or accepting, directly or indirectly, a gift,
including money, service, gratuity, favor, entertainment,
hospitality, loan, or any other thing of value from anyone who is
doing or seeking to do business of any kind with the trial court or
whose activities are regulated or controlled in any way by the trial
court, under circumstances from which it reasonably could be inferred
that the gift was intended to influence the employee in the
performance of his or her official duties or was intended as a reward
for official action of the employee.
(2) Using confidential information acquired by virtue of trial
court employment for the employee's private gain or advantage, or for
the private gain or advantage of another, or to the employer's
detriment.
(3) Using trial court facilities, equipment, or supplies for
personal gain or advantage or for the private gain or advantage of
another.
(4) Using the prestige or influence of trial court office or
employment for personal gain or advantage or advantage of another.
(5) Using the trial court's electronic mail facilities to
communicate or promote personal causes or gain.
71813. Except as otherwise provided by statute, court interpreters
employed by the trial courts 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. Court interpreters employed by the trial
courts 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 courts.
71814. (a) Notwithstanding any other provision of law, rule, or
regulation, an agency shop agreement may be negotiated between a
regional court interpreter employment relations committee and a
recognized employee organization. As used in this chapter, "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 for 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 may 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 regional
committee 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, if all of the following are satisfied:
(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.
(3) The vote is taken at any time during the term of the
memorandum of understanding or agreement. No more than one vote may
be taken during that term.
(c) In addition to the procedure prescribed in subdivision (a), an
agency shop arrangement between the regional court interpreter
employment relations committee and a recognized employee organization
or recognized employee organizations shall be placed in effect 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. An
election under this subdivision may not be held more frequently than
once a year, and shall be conducted by the Division of Conciliation
of the Department of Industrial Relations in the event the regional
court interpreter employment relations committee and the recognized
employee organization cannot agree within 10 days from the filing of
a petition to select jointly a neutral person or entity to conduct
the election. The recognized employee organization shall hold the
regional court interpreter employment relations committee and the
trial courts harmless and defend and indemnify the regional court
interpreter employment relations committee and trial courts regarding
the application of any agency shop requirements or provisions,
including, but not limited to, improper deduction of fees,
maintenance of records, and improper reporting.
(d) Notwithstanding subdivisions (a), (b), and (c), the regional
court interpreter employment relations committee 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 may not apply to management,
confidential, or supervisory employees.
(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 regional court interpreter
employment relations committee 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 Reporting
and Disclosure Act of 1959 (Griffin-Landrum Act), 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.
71815. A recognized employee organization shall have the right to
represent its members in their employment relations with the trial
courts as to matters covered by this chapter. 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 chapter shall prohibit any employee from
appearing on his or her own behalf regarding employment relations.
71816. (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 may
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
any of the following matters may 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 court interpreters.
The regional court interpreter employment relations committee shall
be required to meet and confer in good faith with respect to that
impact.
(d) The trial courts have the right to determine assignments and
transfers of court interpreters, provided that the process,
procedures, and criteria for assignments and transfers are included
within the scope of representation.
71817. (a) Except in cases of emergency, as provided in this
section, the regional court interpreter employment relations
committee shall give reasonable written notice to a 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 regional court interpreter employment
relations committee, and shall give that recognized employee
organization the opportunity to meet with the committee.
(b) In cases of emergency when the regional court interpreter
employment relations committee determines that any rule, policy, or
procedure must be adopted immediately without prior notice or meeting
with a recognized employee organization, the regional court
interpreter employment relations committee shall provide a notice and
opportunity to meet at the earliest practicable time following the
adoption of the rule, policy, or procedure.
71818. The regional court interpreter employment relations
committee, 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 this chapter, with representatives of the recognized
employee organizations, and shall consider fully the presentations
that are made by the recognized employee organization on behalf of
its members prior to arriving at a determination of policy or course
of action.
71819. If agreement is reached by the representatives of the
regional court interpreter employment relations committee and a
recognized employee organization, they shall jointly prepare a
written memorandum of understanding or agreement, which is not
binding, and present it to the regional court interpreter employment
relations committee or its designee for ratification.
71820. If after a reasonable period of time, representatives of the
regional court interpreter employment relations committee and the
recognized employee organization fail to reach agreement, the
regional court interpreter employment relations committee and the
recognized employee organization 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 courts
within the region and one-half to the recognized employee
organization.
71821. The trial courts shall allow a reasonable number of court
interpreter employee representatives of a recognized employee
organization reasonable time off, without loss of compensation or
other benefits, when formally meeting and conferring with
representatives of the regional court interpreter employment
relations committee on matters within the scope of representation.
71822. The trial courts, the regional court interpreter employment
relations committee, and employee organizations may not interfere
with, intimidate, restrain, coerce, harass, or discriminate against
applicants for interpreter employment or interpreter employees
because of their membership in an interpreter association or employee
organization, because of their participation in any grievance,
complaint, or meet and confer activities, or for the exercise of any
other rights granted to interpreter employees under this chapter.
71823. (a) On or before April 1, 2003, the regional court
interpreter employment relations committee shall adopt reasonable
rules and regulations for the administration of employer-employee
relations under this chapter, which shall be binding on the trial
courts within the region. These rules shall include provisions for
all of the following:
(1) Verification that an organization represents employees of the
trial courts within the applicable region.
(2) Verification of the official status of employee organization
officers and representatives.
(3) Registration of employee organizations and recognition of
these organizations as representatives of interpreters employed by
the trial courts in the region.
(4) Establishment of a single, regional bargaining unit of all
court interpreters employed by the trial courts in the region,
including court interpreters pro tempore.
(5) Recognition of an employee organization as the exclusive
representative of all court interpreters employed by the trial courts
in the region, subject to the right of a court interpreter to
represent himself or herself, as provided in Section 71813, upon
either of the following:
(A) Presentation of a petition or cards with the signatures of 50
percent plus one of the court interpreters employed by the trial
courts in the region during the payroll period immediately prior to
the presentation of the cards or petition, including court
interpreters pro tempore, regardless of whether they have been
appointed to interpret during that payroll period, if they have
worked for the trial courts as independent contractors or employees
for at least 15 days in the six months prior to the filing of the
petition or cards with those signatures having been obtained within
one year prior to presentation of the petition or cards. A signature
shall be valid even if the interpreter was not yet an employee at the
time the petition or card was signed if the interpreter had
previously performed work for the trial courts as an independent
contractor, provided that the signature was obtained no more than 90
days before the interpreter became an employee. The results of a
request for recognition under this provision shall be certified
within 10 days after presentation of the cards or petition.
(B) Receipt by the employee organization of 50 percent plus one of
the votes cast at a secret ballot representation election conducted
by mail. A representation election shall be held within 30 days after
presentation of a 30-percent or greater showing of interest from
employees eligible to vote in the representation election by means of
a petition or cards supported by signatures obtained within one year
prior to the presentation of the petitions or cards. A signature
shall be valid even if the interpreter was not yet an employee at the
time the petition or card was signed if the interpreter had
previously performed work for the trial courts as an independent
contractor, provided that the signature was obtained no more than 90
days before the interpreter became an employee. All certified and
registered interpreters employed by the trial courts in the payroll
period immediately prior to the election, including court
interpreters pro tempore, shall be eligible to vote in the election,
regardless of whether they have been appointed to interpret during
that payroll period, so long as they have worked for the trial courts
as independent contractors or employees for at least 15 days in the
six months prior to the filing of the petition or cards. A list of
eligible voters shall be provided to the employee organization within
10 days after submission of the petition or cards. Certification of
the results of a representation election shall occur within 30 days
after the election is concluded.
(6) Procedures for the resolution of disputes involving wages,
hours, and other terms and conditions of employment.
(7) Access of employee organization officers and representatives
to work locations.
(8) Use of official bulletin boards and other means of
communication by employee organizations.
(9) Furnishing nonconfidential information pertaining to
employment relations to an employee organization.
(10) Revocation of recognition of an employee organization
formally recognized as majority representative pursuant to a vote of
the employees by a majority vote of the employees only after a period
of not less than 12 months following the date of recognition. A vote
shall be requested by a petition or cards signed by at least 30
percent of the employees within the bargaining unit, with those
signatures having been obtained within one year prior to presentation
of the petition or cards.
(11) Any other matters that are necessary to carry out the
purposes of this chapter.
(b) If there is a recognized employee organization in the region,
the regional court interpreter employment relations committee may
amend the reasonable rules and regulations adopted pursuant to
subdivision (a) by adopting reasonable rules and regulations, after
meeting and conferring in good faith, for the administration of
employer-employee relations under this chapter, which shall be
binding on the trial courts within the region.
(c) Interpreters and recognized employee organizations shall be
able to challenge a rule or regulation of the regional court
interpreter employment relations committee or a trial court as a
violation of this chapter.
71824. A court interpreter may 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.
71825. (a) As used in this section, "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 chapter 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 regional court interpreter employment
relations committee has no rule.
(c) A complaint alleging any violation of this chapter or of any
rules and regulations adopted by a regional court interpreter
employment relations committee pursuant to Section 71823 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 chapter, 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 chapter and Section 71826(b). 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
regional court interpreter employment relations committee require
exhaustion of a remedy prior to filing an unfair practice charge or
the charging party chooses to exhaust a regional court interpreter
employment relations committee'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 regional
court interpreter employment relations committee concerning unit
determinations, representation, recognition, and elections.
(e) This section does not apply to employees designated as
management employees.
(f) The board shall not find it an unfair practice for an employee
organization to violate a rule or regulation adopted by a regional
court interpreter employment relations committee if that rule or
regulation is itself in violation of this chapter.
71825.1. (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.
71825.2. (a) Any written agreements reached through negotiations
held pursuant to this article are binding upon the parties, upon
adoption under Section 71819, 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
those matters shall be heard in the court of appeal district where
the matter was filed.
71826. (a) The enactment of this chapter may not be construed as
making Section 923 of the Labor Code applicable to court
interpreters.
(b) Court interpreters and the trial courts are not covered by
Chapter 10 (commencing with Section 3500) of Division 4 of Title 1,
or any subsequent changes thereto except as provided in this chapter.
However, if the language of this chapter 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.
71827. If any provision of this chapter, or the application
thereof, to any person or circumstances, is held invalid, the
invalidity may not affect other provisions or application of the
chapter that can be given effect without the invalid provisions or
application and, to this end the provisions of this chapter are
severable.
71828. (a) This chapter does not apply to trial courts in Solano
and Ventura Counties. Labor and employment relations for court
interpreters employed by trial courts in Solano and Ventura Counties
shall remain subject to the Trial Court Employment Protection and
Governance Act (Chapter 7 (commencing with Section 71600)), and
nothing in this chapter shall be construed to affect the application
of that act to court interpreters employed by those counties.
(b) If an interpreter employed by a trial court in a different
county accepts a temporary appointment to perform services for a
trial court in Solano or Ventura County, the interpreter shall be
treated for purposes of compensation, employee benefits, seniority,
and discipline and grievance procedures, as having performed the
services in the trial court in which the interpreter is employed.
(c) If an interpreter employed by a trial court in Solano or
Ventura County accepts a temporary appointment to perform services
for another trial court, the interpreter shall be treated for
purposes of compensation, employee benefits, seniority, and
discipline and grievance procedures, as having performed the services
in the trial court in which the interpreter is employed.
(d) This chapter also does not apply to court interpreters who
have been continuously employed by a trial court in any county
beginning prior to September 1, 2002, and who are covered by a
memorandum of understanding or agreement entered into pursuant to the
Trial Court Employment Protection and Governance Act (Chapter 7
(commencing with Section 71600)), and to future employees hired in
the same positions as replacements for those employees. For any other
certified or registered interpreters hired by trial courts as
employees prior to December 31, 2002, the trial courts may not change
existing job classifications and may not reduce their wages and
benefits during the regional transition period or during the term of
an existing contract, whichever is longer.
71829. The trial courts shall provide to the Judicial Council on or
before March 1, 2003, a list of certified and registered court
interpreters appointed by the trial courts as independent contractors
between January 1, 2002, and January 1, 2003, including the number
of court days or parts of court days those interpreters have been
appointed by each trial court during that year and each of the prior
four years. The Judicial Council shall provide this list to
registered employee organizations.
71800. This chapter shall be known and may be cited as the Trial
Court Interpreter Employment and Labor Relations Act.
71801. For purposes of this chapter, the following definitions
shall apply:
(a) "Certified interpreter" and "registered interpreter" have the
same meanings as in Article 4 (commencing with Section 68560) of
Chapter 2. This chapter does not apply to sign language interpreters.
(b) "Cross-assign" and "cross-assignment" refer to the appointment
of a court interpreter employed by a trial court to perform spoken
language interpretation services in another trial court, pursuant to
Section 71810.
(c) "Employee organization" means a labor organization that has as
one of its purposes representing employees in their relations with
the trial courts.
(d) "Mediation" means effort by an impartial third party to assist
in reconciling a dispute regarding wages, hours, and other terms and
conditions of employment between representatives of the trial court
or regional court interpreter committee and the recognized employee
organization through interpretation, suggestion, and advice.
(e) "Meet and confer in good faith" means that a trial court or
regional court interpreter committee or those representatives it may
designate, and representatives of a recognized employee organization,
shall have the mutual obligation personally to meet and confer
promptly upon request by either party and continue for a reasonable
period of time in order to exchange freely information, opinions, and
proposals, and to endeavor to reach agreement on matters within the
scope of representation. The process shall include adequate time for
the resolution of impasses where specific procedures for resolution
are contained in this chapter, or when the procedures are used by
mutual consent.
(f) "Personnel rules," "personnel policies, procedures, and plans,"
and "rules and regulations" mean policies, procedures, plans, rules,
or regulations adopted by a trial court or its designee pertaining
to conditions of employment of trial court employees, subject to meet
and confer in good faith.
(g) "Recognized employee organization" means an employee
organization that has been formally acknowledged to represent the
court interpreters employed by the trial courts in a region, pursuant
to this chapter.
(h) "Regional court interpreter employment relations committee"
means the committee established pursuant to Section 71807.
(i) "Regional transition period" means the period from January 1,
2003, to July 1, 2005, inclusive, except that the transition period
for the region may be terminated earlier by a memorandum of
understanding or agreement between the regional court interpreter
employment relations committee and a recognized employee
organization.
(j) "Transfer" means transfer within the trial court as defined in
the trial court's personnel policies, procedures, and plans, subject
to meet and confer in good faith.
(k) "Trial court" means the superior court in each county.
71802. (a) On and after July 1, 2003, trial courts shall appoint
trial court employees, rather than independent contractors, to
perform spoken language interpretation of trial court proceedings. An
interpreter may be an employee of the trial court or an employee of
another trial court on cross-assignment.
(b) Notwithstanding subdivision (a), a trial court may appoint an
independent contractor to perform spoken language interpretation of
trial court proceedings if one or more of the following circumstances
exists:
(1) An interpreter who is not registered or certified is appointed
on a temporary basis pursuant to Rule 984.2 of the California Rules
of Court.
(2) The interpreter is over 60 years of age on January 1, 2003, or
the sum of the interpreter's age in years on January 1, 2003, and
the number of years the interpreter has provided services to the
trial courts as an independent contractor prior to January 1, 2003,
is equal to or greater than 70, the interpreter has provided services
to the trial courts as an independent contractor prior to January 1,
2003, and the interpreter requests in writing prior to June 1, 2003,
the opportunity to perform services for the trial court as an
independent contractor rather than as an employee.
(3) The interpreter is paid directly by the parties to the
proceeding.
(4) The interpreter has performed services for the trial courts as
an independent contractor prior to January 1, 2003, the interpreter
notifies the trial court in writing prior to June 1, 2003, that the
interpreter is precluded from accepting employment because of the
terms of an employment contract with a public agency or the terms of
a public employee retirement program, the interpreter provides
supporting documentation, and the interpreter requests in writing the
opportunity to perform services for the trial court as an
independent contractor rather than an employee.
(c) Notwithstanding subdivisions (a) and (b), and unless otherwise
provided in a memorandum of understanding or agreement with a
recognized employee organization, a trial court may also appoint an
independent contractor on a day-to-day basis to perform spoken
language interpretation of trial court proceedings if all of the
following circumstances exist:
(1) The trial court has assigned all the available employees and
independent contractors appointed pursuant to paragraphs (2) and (4)
of subdivision (b) in the same language pair and has need for
additional interpreters. Employees and independent contractors who
are appointed pursuant to paragraphs (2) and (4) of subdivision (b)
shall be given priority for assignments over independent contractors
who are appointed pursuant to this subdivision.
(2) The interpreter has not previously been appointed as an
independent contractor by the same trial court on more than 100 court
days or parts of court days during the same calendar year, except
that the trial court may continue to appoint an independent
contractor on a day-to-day basis to complete a single court
proceeding, if the trial court determines that the use of the same
interpreter to complete that proceeding is necessary to provide
continuity. An interpreter who has been appointed by a trial court as
an independent contractor pursuant to this subdivision on more than
45 court days or parts of court days during the same calendar year
shall be entitled to apply for employment by that trial court as a
court interpreter pro tempore and the trial court may not refuse to
offer employment to the interpreter, except for cause. For purposes
of this section, "for cause" means a fair and honest cause or reason
regulated by good faith on the part of the party exercising the
power.
(3) The trial court does not provide independent contractors
appointed pursuant to this subdivision with lesser duties or more
favorable working conditions than those to which a court interpreter
pro tempore employed by that trial court would be subject for the
purpose of discouraging interpreters from applying for pro tempore
employment with the trial court. The trial court is not required to
apply the employee training, disciplinary, supervisory, and
evaluation procedures of the trial court to any independent
contractor.
(d) Only registered and certified interpreters may be hired by a
trial court as employees to perform spoken language interpretation of
trial court proceedings. Interpreters who are not certified or
registered may be assigned to provide services as independent
contractors only when certified and registered interpreters are
unavailable and the good cause and qualification procedures and
guidelines adopted by the Judicial Council pursuant to subdivision
(c) of Section 68561 have been followed.
(e) A trial court that has appointed independent contractors
pursuant to paragraph (1) of subdivision (b) or to subdivision (c)
for a language pair on more than 60 court days or parts of court days
in the prior 180 days shall provide public notice that the court is
accepting applications for the position of court interpreter pro
tempore for that language pair and shall offer employment to
qualified applicants.
(f) Unless the parties to the dispute agree upon other procedures
after the dispute arises, or other procedures are provided in a
memorandum of understanding or agreement with a recognized employee
organization, disputes concerning a violation of this section shall
be submitted for binding arbitration to the California State
Mediation and Conciliation Service.
71803. (a) In each trial court, there shall be a new employee
classification entitled "court interpreter pro tempore" to perform
simultaneous and consecutive interpretation and sight translation in
spoken languages for the trial courts. Unless otherwise provided in a
memorandum of understanding or agreement with a recognized employee
organization, all of the following applies to employees in this
classification:
(1) They shall be appointed by the trial court to perform work on
an as needed basis.
(2) They shall be paid on a per diem basis for work performed.
(3) They are not required to receive health, pension, or paid
leave benefits.
(b) Court interpreters pro tempore may accept appointments to
provide services in other trial courts pursuant to Section 71810.
(c) Unless otherwise provided in a memorandum of understanding or
agreement with a recognized employee organization, no rules and
regulations or personnel rules shall limit the number of hours or
days court interpreters pro tempore are permitted to work.
71804. (a) Each trial court shall offer to employ as a court
interpreter pro tempore each interpreter who meets all of the
following criteria:
(1) The interpreter is certified or registered.
(2) The interpreter has provided services to the same trial court
as an independent contractor on at least either:
(A) Thirty court days or parts of court days in both calendar year
2001 and calendar year 2002.
(B) Sixty court days or parts of court days in calendar year 2002.
(3) The interpreter has applied for the position of court
interpreter pro tempore prior to July 1, 2003, and has complied with
reasonable requirements for submitting an application and providing
documentation.
(4) The interpreter's application is not rejected by the trial
court for cause.
(b) Each trial court shall begin accepting applications for court
interpreters pro tempore by no later than May 1, 2003. Court
interpreters who qualify for employment pursuant to this section
shall receive offers of employment within 30 days after an
application is submitted. Applicants shall have at least 15 days to
accept or reject an offer of employment. The hiring process for
applicants who accept the offer of employment shall be completed
within 30 days after acceptance, but the trial court need not set
employment to commence prior to July 1, 2003.
(c) For purposes of this section, "for cause" means a fair and
honest cause or reason regulated by good faith on the part of the
party exercising the power.
(d) Unless the parties to a dispute agree upon other procedures
after the dispute arises, or other procedures are provided in a
memorandum of understanding or agreement with a recognized employee
organization, disputes about whether this section has been violated
during the regional transition period shall be resolved by binding
arbitration through the California State Mediation and Conciliation
Service.
71804.5. (a) After a trial court has considered applications under
Section 71804, the trial court may hire additional court interpreters
pro tempore pursuant to the personnel rules of the trial court.
(b) A court interpreter pro tempore may not be an employee of more
than one trial court, but may accept appointments to provide
services to more than one trial court through cross-assignments.
71805. (a) Until the conclusion of the regional transition period,
all interpreters who are employed by a trial court shall be
classified as court interpreters pro tempore, except as provided in
Section 71828, unless otherwise provided in a memorandum of
understanding or agreement with a recognized employee organization.
(b) This chapter does not require trial courts to alter their past
practices regarding the assignment of interpreters. If an
interpreter had a regular assignment for the trial court as an
independent contractor prior to the effective date of this chapter,
nothing in this chapter shall prohibit the trial court from
continuing to appoint the same interpreter to the same assignment as
a court interpreter pro tempore during the regional transition
period.
(c) During the regional transition period, the existing statewide
per diem pay rate may not be reduced, and the existing statewide
compensation policies set by the Judicial Council shall be
maintained, unless otherwise provided in a memorandum of
understanding or agreement with a recognized employee organization.
The per diem pay rate and compensation policies shall apply to court
interpreters pro tempore.
(d) Court interpreters pro tempore are not subject to disciplinary
action during the regional transition period, except for cause.
(e) For purposes of this section, "for cause" means a fair and
honest cause or reason regulated by good faith on the part of the
party exercising the power.
(f) During the regional transition period, a trial court may not
retaliate or threaten to retaliate against a court interpreter or
applicant for interpreter employment because of the individual's
membership in an interpreter association or employee organization,
participation in any grievance, complaint, or meet and confer
activities, or exercise of rights under this chapter, including by
changing past practices regarding assignments, refusing to offer work
to an interpreter, altering working conditions, or otherwise
coercing, harassing, or discriminating against an applicant or
interpreter.
(g) Unless the parties to a dispute agree upon other procedures
after the dispute arises, or other procedures are provided in a
memorandum of understanding or agreement with a recognized employee
organization, disputes about whether this section has been violated
shall be resolved by binding arbitration through the California State
Mediation and Conciliation Service.
71806. (a) At the conclusion of the regional transition period,
trial courts in the region may employ certified and registered
interpreters to perform spoken language interpretation for the trial
courts in full-time or part-time court interpreter positions created
by the trial courts with the authorization of the regional committee
and subject to meet and confer in good faith. The courts may also
continue to employ court interpreters pro tempore.
(b) For purposes of hiring interpreters for positions other than
court interpreters pro tempore, unless otherwise provided in a
memorandum of understanding or agreement with a recognized employee
organization, trial courts shall consider applicants in the following
order of priority:
(1) Court interpreters pro tempore in the same language who have
performed work for that trial court for at least 150 court days or
parts of court days during each of the past five years, including
time spent performing work for the trial court as an independent
contractor.
(2) Court interpreters pro tempore in the same language who have
performed work for that trial court for at least 60 court days or
parts of court days in each of the past five years, including time
spent performing work for the trial court as an independent
contractor.
(3) Court interpreters pro tempore in the same language who have
performed work for that trial court for at least 60 court days or
parts of court days in at least two of the past four years, including
time spent as an independent contractor.
(4) Other applicants.
(c) A trial court may not reject an applicant in favor of an
applicant with lower priority except for cause.
(d) For purposes of this section, "for cause" means a fair and
honest cause or reason regulated by good faith on the part of the
party exercising the power.
(e) Applicants may be required to provide sufficient documentation
to establish that they are entitled to priority in hiring. Trial
courts shall make their records of past assignments available to
interpreters for purposes of obtaining that documentation.
(f) Unless the parties to a dispute agree upon other procedures
after the dispute arises, or other procedures are provided in a
memorandum of understanding or agreement with a recognized employee
organization, disputes about whether this section has been violated
shall be resolved by binding arbitration through the California State
Mediation and Conciliation Service.
(g) Subdivision (b) shall become inoperative on January 1, 2007,
unless otherwise provided by a memorandum of understanding or
agreement with a recognized employee organization, and on and after
that time hiring shall be in accordance with the personnel rules of
the trial court.
71807. (a) For purposes of developing regional terms and conditions
of employment for court interpreters and for collective bargaining
with recognized employee organizations, the trial courts are divided
into four regions, as follows:
(1) Region 1: Los Angeles, Santa Barbara, and San Luis Obispo
Counties.
(2) Region 2: Counties of the First and Sixth Appellate Districts,
except Solano County.
(3) Region 3: Counties of the Third and Fifth Appellate Districts.
(4) Region 4: Counties of the Fourth Appellate District.
(b) The Judicial Council shall adopt rules for the creation and
operation of a regional court interpreter employment relations
committee for each region, composed of representatives chosen by the
trial courts within the region.
(c) The Judicial Council may divide each region into smaller
subregions for purposes of coordinating the cross-assignment of court
interpreters.
71808. The regional court interpreter employment relations
committee shall set terms and conditions of employment for court
interpreters within the region, subject to meet and confer in good
faith. These terms and conditions of employment, when adopted by the
regional committee, shall be binding on the trial courts within the
region. Compensation shall be uniform throughout the region. Unless
otherwise provided in a memorandum of understanding or agreement with
a recognized employee organization, other terms and conditions of
employment shall be uniform throughout the region, except that health
and welfare and pension benefits may be the same as those provided
to other employees of the same trial court.
71809. The regional court interpreter employment relations
committee shall act as the representative of the trial courts within
the region in bargaining with a recognized employee organization. A
memorandum of understanding or agreement ratified by the regional
court interpreter employment relations committee shall be considered
a binding agreement with each trial court within the region.
71810. (a) A court interpreter pro tempore employed by a trial
court may accept appointments to provide services to other trial
courts.
(b) The Judicial Council shall adopt procedures to facilitate the
efficient cross-assignment of court interpreters.
(c) Based on an assessment of interpreter use and current
practices, trial courts may create new employee positions for court
interpreters to perform spoken language interpretation for the trial
courts in classifications other than court interpreter pro tempore.
Some of these positions may include, as part of the duties of the
position, the requirement that the interpreter accept
cross-assignments, as defined in Section 71801, under procedures
adopted by the Judicial Council, and some positions may make the
acceptance of cross-assignments optional. Court interpreters pro
tempore, and other interpreters who have not accepted employment in a
position requiring the interpreter to accept cross-assignments, may
not be disciplined for declining a cross-assignment.
(d) The impact of cross-assignments shall be included within the
scope of representation as those matters affect wages, hours, and
terms and conditions of employment of court interpreters. The
regional court interpreter employment relations committee shall be
required to meet and confer in good faith with respect to that
impact.
(e) A court interpreter on cross-assignment shall be treated for
purposes of compensation, employee benefits, seniority, and
discipline and grievance procedures, as having performed the services
in the trial court in which the interpreter is employed.
(f) Court interpreters on cross-assignment shall be reimbursed for
mileage and other travel expenses at the same rates as other
judicial branch employees.
71811. Except as provided in this chapter, or by a memorandum of
understanding or agreement with a recognized employee organization,
court interpreters who are employed by a trial court shall be subject
to the same personnel rules as other employees of the trial court,
subject to meet and confer in good faith.
71812. Except as provided in this chapter, or by a memorandum of
understanding or agreement with a recognized employee organization,
each trial court may control the manner and means of the work
performed by court interpreters employed by the trial court and may
hire, supervise, discipline, and terminate employment of those court
interpreters in accordance with the personnel rules of the trial
court, including applicable employee protections and dispute
resolution mechanisms.
71812.5. (a) Court interpreters employed by the trial courts shall
be permitted to engage in outside employment or enterprises, except
where that activity would violate the professional conduct
requirements set forth in Rule 984.4 of the California Rules of
Court, would interfere with the employee's performance of his or her
duties for the trial courts, or would be incompatible, inconsistent,
or in conflict with the duties performed by the employee for the
trial courts.
(b) Unless the parties consent, an interpreter may not be
appointed by the trial court to interpret in a proceeding after
having previously interpreted on behalf of one of the parties, rather
than on behalf of the court, in that same matter. An interpreter
shall disclose that type of prior involvement to the trial court.
(c) An interpreter employed by a trial court is prohibited from
doing any of the following:
(1) Receiving or accepting, directly or indirectly, a gift,
including money, service, gratuity, favor, entertainment,
hospitality, loan, or any other thing of value from anyone who is
doing or seeking to do business of any kind with the trial court or
whose activities are regulated or controlled in any way by the trial
court, under circumstances from which it reasonably could be inferred
that the gift was intended to influence the employee in the
performance of his or her official duties or was intended as a reward
for official action of the employee.
(2) Using confidential information acquired by virtue of trial
court employment for the employee's private gain or advantage, or for
the private gain or advantage of another, or to the employer's
detriment.
(3) Using trial court facilities, equipment, or supplies for
personal gain or advantage or for the private gain or advantage of
another.
(4) Using the prestige or influence of trial court office or
employment for personal gain or advantage or advantage of another.
(5) Using the trial court's electronic mail facilities to
communicate or promote personal causes or gain.
71813. Except as otherwise provided by statute, court interpreters
employed by the trial courts 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. Court interpreters employed by the trial
courts 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 courts.
71814. (a) Notwithstanding any other provision of law, rule, or
regulation, an agency shop agreement may be negotiated between a
regional court interpreter employment relations committee and a
recognized employee organization. As used in this chapter, "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 for 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 may 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 regional
committee 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, if all of the following are satisfied:
(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.
(3) The vote is taken at any time during the term of the
memorandum of understanding or agreement. No more than one vote may
be taken during that term.
(c) In addition to the procedure prescribed in subdivision (a), an
agency shop arrangement between the regional court interpreter
employment relations committee and a recognized employee organization
or recognized employee organizations shall be placed in effect 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. An
election under this subdivision may not be held more frequently than
once a year, and shall be conducted by the Division of Conciliation
of the Department of Industrial Relations in the event the regional
court interpreter employment relations committee and the recognized
employee organization cannot agree within 10 days from the filing of
a petition to select jointly a neutral person or entity to conduct
the election. The recognized employee organization shall hold the
regional court interpreter employment relations committee and the
trial courts harmless and defend and indemnify the regional court
interpreter employment relations committee and trial courts regarding
the application of any agency shop requirements or provisions,
including, but not limited to, improper deduction of fees,
maintenance of records, and improper reporting.
(d) Notwithstanding subdivisions (a), (b), and (c), the regional
court interpreter employment relations committee 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 may not apply to management,
confidential, or supervisory employees.
(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 regional court interpreter
employment relations committee 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 Reporting
and Disclosure Act of 1959 (Griffin-Landrum Act), 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.
71815. A recognized employee organization shall have the right to
represent its members in their employment relations with the trial
courts as to matters covered by this chapter. 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 chapter shall prohibit any employee from
appearing on his or her own behalf regarding employment relations.
71816. (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 may
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
any of the following matters may 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 court interpreters.
The regional court interpreter employment relations committee shall
be required to meet and confer in good faith with respect to that
impact.
(d) The trial courts have the right to determine assignments and
transfers of court interpreters, provided that the process,
procedures, and criteria for assignments and transfers are included
within the scope of representation.
71817. (a) Except in cases of emergency, as provided in this
section, the regional court interpreter employment relations
committee shall give reasonable written notice to a 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 regional court interpreter employment
relations committee, and shall give that recognized employee
organization the opportunity to meet with the committee.
(b) In cases of emergency when the regional court interpreter
employment relations committee determines that any rule, policy, or
procedure must be adopted immediately without prior notice or meeting
with a recognized employee organization, the regional court
interpreter employment relations committee shall provide a notice and
opportunity to meet at the earliest practicable time following the
adoption of the rule, policy, or procedure.
71818. The regional court interpreter employment relations
committee, 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 this chapter, with representatives of the recognized
employee organizations, and shall consider fully the presentations
that are made by the recognized employee organization on behalf of
its members prior to arriving at a determination of policy or course
of action.
71819. If agreement is reached by the representatives of the
regional court interpreter employment relations committee and a
recognized employee organization, they shall jointly prepare a
written memorandum of understanding or agreement, which is not
binding, and present it to the regional court interpreter employment
relations committee or its designee for ratification.
71820. If after a reasonable period of time, representatives of the
regional court interpreter employment relations committee and the
recognized employee organization fail to reach agreement, the
regional court interpreter employment relations committee and the
recognized employee organization 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 courts
within the region and one-half to the recognized employee
organization.
71821. The trial courts shall allow a reasonable number of court
interpreter employee representatives of a recognized employee
organization reasonable time off, without loss of compensation or
other benefits, when formally meeting and conferring with
representatives of the regional court interpreter employment
relations committee on matters within the scope of representation.
71822. The trial courts, the regional court interpreter employment
relations committee, and employee organizations may not interfere
with, intimidate, restrain, coerce, harass, or discriminate against
applicants for interpreter employment or interpreter employees
because of their membership in an interpreter association or employee
organization, because of their participation in any grievance,
complaint, or meet and confer activities, or for the exercise of any
other rights granted to interpreter employees under this chapter.
71823. (a) On or before April 1, 2003, the regional court
interpreter employment relations committee shall adopt reasonable
rules and regulations for the administration of employer-employee
relations under this chapter, which shall be binding on the trial
courts within the region. These rules shall include provisions for
all of the following:
(1) Verification that an organization represents employees of the
trial courts within the applicable region.
(2) Verification of the official status of employee organization
officers and representatives.
(3) Registration of employee organizations and recognition of
these organizations as representatives of interpreters employed by
the trial courts in the region.
(4) Establishment of a single, regional bargaining unit of all
court interpreters employed by the trial courts in the region,
including court interpreters pro tempore.
(5) Recognition of an employee organization as the exclusive
representative of all court interpreters employed by the trial courts
in the region, subject to the right of a court interpreter to
represent himself or herself, as provided in Section 71813, upon
either of the following:
(A) Presentation of a petition or cards with the signatures of 50
percent plus one of the court interpreters employed by the trial
courts in the region during the payroll period immediately prior to
the presentation of the cards or petition, including court
interpreters pro tempore, regardless of whether they have been
appointed to interpret during that payroll period, if they have
worked for the trial courts as independent contractors or employees
for at least 15 days in the six months prior to the filing of the
petition or cards with those signatures having been obtained within
one year prior to presentation of the petition or cards. A signature
shall be valid even if the interpreter was not yet an employee at the
time the petition or card was signed if the interpreter had
previously performed work for the trial courts as an independent
contractor, provided that the signature was obtained no more than 90
days before the interpreter became an employee. The results of a
request for recognition under this provision shall be certified
within 10 days after presentation of the cards or petition.
(B) Receipt by the employee organization of 50 percent plus one of
the votes cast at a secret ballot representation election conducted
by mail. A representation election shall be held within 30 days after
presentation of a 30-percent or greater showing of interest from
employees eligible to vote in the representation election by means of
a petition or cards supported by signatures obtained within one year
prior to the presentation of the petitions or cards. A signature
shall be valid even if the interpreter was not yet an employee at the
time the petition or card was signed if the interpreter had
previously performed work for the trial courts as an independent
contractor, provided that the signature was obtained no more than 90
days before the interpreter became an employee. All certified and
registered interpreters employed by the trial courts in the payroll
period immediately prior to the election, including court
interpreters pro tempore, shall be eligible to vote in the election,
regardless of whether they have been appointed to interpret during
that payroll period, so long as they have worked for the trial courts
as independent contractors or employees for at least 15 days in the
six months prior to the filing of the petition or cards. A list of
eligible voters shall be provided to the employee organization within
10 days after submission of the petition or cards. Certification of
the results of a representation election shall occur within 30 days
after the election is concluded.
(6) Procedures for the resolution of disputes involving wages,
hours, and other terms and conditions of employment.
(7) Access of employee organization officers and representatives
to work locations.
(8) Use of official bulletin boards and other means of
communication by employee organizations.
(9) Furnishing nonconfidential information pertaining to
employment relations to an employee organization.
(10) Revocation of recognition of an employee organization
formally recognized as majority representative pursuant to a vote of
the employees by a majority vote of the employees only after a period
of not less than 12 months following the date of recognition. A vote
shall be requested by a petition or cards signed by at least 30
percent of the employees within the bargaining unit, with those
signatures having been obtained within one year prior to presentation
of the petition or cards.
(11) Any other matters that are necessary to carry out the
purposes of this chapter.
(b) If there is a recognized employee organization in the region,
the regional court interpreter employment relations committee may
amend the reasonable rules and regulations adopted pursuant to
subdivision (a) by adopting reasonable rules and regulations, after
meeting and conferring in good faith, for the administration of
employer-employee relations under this chapter, which shall be
binding on the trial courts within the region.
(c) Interpreters and recognized employee organizations shall be
able to challenge a rule or regulation of the regional court
interpreter employment relations committee or a trial court as a
violation of this chapter.
71824. A court interpreter may 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.
71825. (a) As used in this section, "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 chapter 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 regional court interpreter employment
relations committee has no rule.
(c) A complaint alleging any violation of this chapter or of any
rules and regulations adopted by a regional court interpreter
employment relations committee pursuant to Section 71823 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 chapter, 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 chapter and Section 71826(b). 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
regional court interpreter employment relations committee require
exhaustion of a remedy prior to filing an unfair practice charge or
the charging party chooses to exhaust a regional court interpreter
employment relations committee'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 regional
court interpreter employment relations committee concerning unit
determinations, representation, recognition, and elections.
(e) This section does not apply to employees designated as
management employees.
(f) The board shall not find it an unfair practice for an employee
organization to violate a rule or regulation adopted by a regional
court interpreter employment relations committee if that rule or
regulation is itself in violation of this chapter.
71825.1. (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.
71825.2. (a) Any written agreements reached through negotiations
held pursuant to this article are binding upon the parties, upon
adoption under Section 71819, 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
those matters shall be heard in the court of appeal district where
the matter was filed.
71826. (a) The enactment of this chapter may not be construed as
making Section 923 of the Labor Code applicable to court
interpreters.
(b) Court interpreters and the trial courts are not covered by
Chapter 10 (commencing with Section 3500) of Division 4 of Title 1,
or any subsequent changes thereto except as provided in this chapter.
However, if the language of this chapter 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.
71827. If any provision of this chapter, or the application
thereof, to any person or circumstances, is held invalid, the
invalidity may not affect other provisions or application of the
chapter that can be given effect without the invalid provisions or
application and, to this end the provisions of this chapter are
severable.
71828. (a) This chapter does not apply to trial courts in Solano
and Ventura Counties. Labor and employment relations for court
interpreters employed by trial courts in Solano and Ventura Counties
shall remain subject to the Trial Court Employment Protection and
Governance Act (Chapter 7 (commencing with Section 71600)), and
nothing in this chapter shall be construed to affect the application
of that act to court interpreters employed by those counties.
(b) If an interpreter employed by a trial court in a different
county accepts a temporary appointment to perform services for a
trial court in Solano or Ventura County, the interpreter shall be
treated for purposes of compensation, employee benefits, seniority,
and discipline and grievance procedures, as having performed the
services in the trial court in which the interpreter is employed.
(c) If an interpreter employed by a trial court in Solano or
Ventura County accepts a temporary appointment to perform services
for another trial court, the interpreter shall be treated for
purposes of compensation, employee benefits, seniority, and
discipline and grievance procedures, as having performed the services
in the trial court in which the interpreter is employed.
(d) This chapter also does not apply to court interpreters who
have been continuously employed by a trial court in any county
beginning prior to September 1, 2002, and who are covered by a
memorandum of understanding or agreement entered into pursuant to the
Trial Court Employment Protection and Governance Act (Chapter 7
(commencing with Section 71600)), and to future employees hired in
the same positions as replacements for those employees. For any other
certified or registered interpreters hired by trial courts as
employees prior to December 31, 2002, the trial courts may not change
existing job classifications and may not reduce their wages and
benefits during the regional transition period or during the term of
an existing contract, whichever is longer.
71829. The trial courts shall provide to the Judicial Council on or
before March 1, 2003, a list of certified and registered court
interpreters appointed by the trial courts as independent contractors
between January 1, 2002, and January 1, 2003, including the number
of court days or parts of court days those interpreters have been
appointed by each trial court during that year and each of the prior
four years. The Judicial Council shall provide this list to
registered employee organizations.
71800. This chapter shall be known and may be cited as the Trial
Court Interpreter Employment and Labor Relations Act.
71801. For purposes of this chapter, the following definitions
shall apply:
(a) "Certified interpreter" and "registered interpreter" have the
same meanings as in Article 4 (commencing with Section 68560) of
Chapter 2. This chapter does not apply to sign language interpreters.
(b) "Cross-assign" and "cross-assignment" refer to the appointment
of a court interpreter employed by a trial court to perform spoken
language interpretation services in another trial court, pursuant to
Section 71810.
(c) "Employee organization" means a labor organization that has as
one of its purposes representing employees in their relations with
the trial courts.
(d) "Mediation" means effort by an impartial third party to assist
in reconciling a dispute regarding wages, hours, and other terms and
conditions of employment between representatives of the trial court
or regional court interpreter committee and the recognized employee
organization through interpretation, suggestion, and advice.
(e) "Meet and confer in good faith" means that a trial court or
regional court interpreter committee or those representatives it may
designate, and representatives of a recognized employee organization,
shall have the mutual obligation personally to meet and confer
promptly upon request by either party and continue for a reasonable
period of time in order to exchange freely information, opinions, and
proposals, and to endeavor to reach agreement on matters within the
scope of representation. The process shall include adequate time for
the resolution of impasses where specific procedures for resolution
are contained in this chapter, or when the procedures are used by
mutual consent.
(f) "Personnel rules," "personnel policies, procedures, and plans,"
and "rules and regulations" mean policies, procedures, plans, rules,
or regulations adopted by a trial court or its designee pertaining
to conditions of employment of trial court employees, subject to meet
and confer in good faith.
(g) "Recognized employee organization" means an employee
organization that has been formally acknowledged to represent the
court interpreters employed by the trial courts in a region, pursuant
to this chapter.
(h) "Regional court interpreter employment relations committee"
means the committee established pursuant to Section 71807.
(i) "Regional transition period" means the period from January 1,
2003, to July 1, 2005, inclusive, except that the transition period
for the region may be terminated earlier by a memorandum of
understanding or agreement between the regional court interpreter
employment relations committee and a recognized employee
organization.
(j) "Transfer" means transfer within the trial court as defined in
the trial court's personnel policies, procedures, and plans, subject
to meet and confer in good faith.
(k) "Trial court" means the superior court in each county.
71802. (a) On and after July 1, 2003, trial courts shall appoint
trial court employees, rather than independent contractors, to
perform spoken language interpretation of trial court proceedings. An
interpreter may be an employee of the trial court or an employee of
another trial court on cross-assignment.
(b) Notwithstanding subdivision (a), a trial court may appoint an
independent contractor to perform spoken language interpretation of
trial court proceedings if one or more of the following circumstances
exists:
(1) An interpreter who is not registered or certified is appointed
on a temporary basis pursuant to Rule 984.2 of the California Rules
of Court.
(2) The interpreter is over 60 years of age on January 1, 2003, or
the sum of the interpreter's age in years on January 1, 2003, and
the number of years the interpreter has provided services to the
trial courts as an independent contractor prior to January 1, 2003,
is equal to or greater than 70, the interpreter has provided services
to the trial courts as an independent contractor prior to January 1,
2003, and the interpreter requests in writing prior to June 1, 2003,
the opportunity to perform services for the trial court as an
independent contractor rather than as an employee.
(3) The interpreter is paid directly by the parties to the
proceeding.
(4) The interpreter has performed services for the trial courts as
an independent contractor prior to January 1, 2003, the interpreter
notifies the trial court in writing prior to June 1, 2003, that the
interpreter is precluded from accepting employment because of the
terms of an employment contract with a public agency or the terms of
a public employee retirement program, the interpreter provides
supporting documentation, and the interpreter requests in writing the
opportunity to perform services for the trial court as an
independent contractor rather than an employee.
(c) Notwithstanding subdivisions (a) and (b), and unless otherwise
provided in a memorandum of understanding or agreement with a
recognized employee organization, a trial court may also appoint an
independent contractor on a day-to-day basis to perform spoken
language interpretation of trial court proceedings if all of the
following circumstances exist:
(1) The trial court has assigned all the available employees and
independent contractors appointed pursuant to paragraphs (2) and (4)
of subdivision (b) in the same language pair and has need for
additional interpreters. Employees and independent contractors who
are appointed pursuant to paragraphs (2) and (4) of subdivision (b)
shall be given priority for assignments over independent contractors
who are appointed pursuant to this subdivision.
(2) The interpreter has not previously been appointed as an
independent contractor by the same trial court on more than 100 court
days or parts of court days during the same calendar year, except
that the trial court may continue to appoint an independent
contractor on a day-to-day basis to complete a single court
proceeding, if the trial court determines that the use of the same
interpreter to complete that proceeding is necessary to provide
continuity. An interpreter who has been appointed by a trial court as
an independent contractor pursuant to this subdivision on more than
45 court days or parts of court days during the same calendar year
shall be entitled to apply for employment by that trial court as a
court interpreter pro tempore and the trial court may not refuse to
offer employment to the interpreter, except for cause. For purposes
of this section, "for cause" means a fair and honest cause or reason
regulated by good faith on the part of the party exercising the
power.
(3) The trial court does not provide independent contractors
appointed pursuant to this subdivision with lesser duties or more
favorable working conditions than those to which a court interpreter
pro tempore employed by that trial court would be subject for the
purpose of discouraging interpreters from applying for pro tempore
employment with the trial court. The trial court is not required to
apply the employee training, disciplinary, supervisory, and
evaluation procedures of the trial court to any independent
contractor.
(d) Only registered and certified interpreters may be hired by a
trial court as employees to perform spoken language interpretation of
trial court proceedings. Interpreters who are not certified or
registered may be assigned to provide services as independent
contractors only when certified and registered interpreters are
unavailable and the good cause and qualification procedures and
guidelines adopted by the Judicial Council pursuant to subdivision
(c) of Section 68561 have been followed.
(e) A trial court that has appointed independent contractors
pursuant to paragraph (1) of subdivision (b) or to subdivision (c)
for a language pair on more than 60 court days or parts of court days
in the prior 180 days shall provide public notice that the court is
accepting applications for the position of court interpreter pro
tempore for that language pair and shall offer employment to
qualified applicants.
(f) Unless the parties to the dispute agree upon other procedures
after the dispute arises, or other procedures are provided in a
memorandum of understanding or agreement with a recognized employee
organization, disputes concerning a violation of this section shall
be submitted for binding arbitration to the California State
Mediation and Conciliation Service.
71803. (a) In each trial court, there shall be a new employee
classification entitled "court interpreter pro tempore" to perform
simultaneous and consecutive interpretation and sight translation in
spoken languages for the trial courts. Unless otherwise provided in a
memorandum of understanding or agreement with a recognized employee
organization, all of the following applies to employees in this
classification:
(1) They shall be appointed by the trial court to perform work on
an as needed basis.
(2) They shall be paid on a per diem basis for work performed.
(3) They are not required to receive health, pension, or paid
leave benefits.
(b) Court interpreters pro tempore may accept appointments to
provide services in other trial courts pursuant to Section 71810.
(c) Unless otherwise provided in a memorandum of understanding or
agreement with a recognized employee organization, no rules and
regulations or personnel rules shall limit the number of hours or
days court interpreters pro tempore are permitted to work.
71804. (a) Each trial court shall offer to employ as a court
interpreter pro tempore each interpreter who meets all of the
following criteria:
(1) The interpreter is certified or registered.
(2) The interpreter has provided services to the same trial court
as an independent contractor on at least either:
(A) Thirty court days or parts of court days in both calendar year
2001 and calendar year 2002.
(B) Sixty court days or parts of court days in calendar year 2002.
(3) The interpreter has applied for the position of court
interpreter pro tempore prior to July 1, 2003, and has complied with
reasonable requirements for submitting an application and providing
documentation.
(4) The interpreter's application is not rejected by the trial
court for cause.
(b) Each trial court shall begin accepting applications for court
interpreters pro tempore by no later than May 1, 2003. Court
interpreters who qualify for employment pursuant to this section
shall receive offers of employment within 30 days after an
application is submitted. Applicants shall have at least 15 days to
accept or reject an offer of employment. The hiring process for
applicants who accept the offer of employment shall be completed
within 30 days after acceptance, but the trial court need not set
employment to commence prior to July 1, 2003.
(c) For purposes of this section, "for cause" means a fair and
honest cause or reason regulated by good faith on the part of the
party exercising the power.
(d) Unless the parties to a dispute agree upon other procedures
after the dispute arises, or other procedures are provided in a
memorandum of understanding or agreement with a recognized employee
organization, disputes about whether this section has been violated
during the regional transition period shall be resolved by binding
arbitration through the California State Mediation and Conciliation
Service.
71804.5. (a) After a trial court has considered applications under
Section 71804, the trial court may hire additional court interpreters
pro tempore pursuant to the personnel rules of the trial court.
(b) A court interpreter pro tempore may not be an employee of more
than one trial court, but may accept appointments to provide
services to more than one trial court through cross-assignments.
71805. (a) Until the conclusion of the regional transition period,
all interpreters who are employed by a trial court shall be
classified as court interpreters pro tempore, except as provided in
Section 71828, unless otherwise provided in a memorandum of
understanding or agreement with a recognized employee organization.
(b) This chapter does not require trial courts to alter their past
practices regarding the assignment of interpreters. If an
interpreter had a regular assignment for the trial court as an
independent contractor prior to the effective date of this chapter,
nothing in this chapter shall prohibit the trial court from
continuing to appoint the same interpreter to the same assignment as
a court interpreter pro tempore during the regional transition
period.
(c) During the regional transition period, the existing statewide
per diem pay rate may not be reduced, and the existing statewide
compensation policies set by the Judicial Council shall be
maintained, unless otherwise provided in a memorandum of
understanding or agreement with a recognized employee organization.
The per diem pay rate and compensation policies shall apply to court
interpreters pro tempore.
(d) Court interpreters pro tempore are not subject to disciplinary
action during the regional transition period, except for cause.
(e) For purposes of this section, "for cause" means a fair and
honest cause or reason regulated by good faith on the part of the
party exercising the power.
(f) During the regional transition period, a trial court may not
retaliate or threaten to retaliate against a court interpreter or
applicant for interpreter employment because of the individual's
membership in an interpreter association or employee organization,
participation in any grievance, complaint, or meet and confer
activities, or exercise of rights under this chapter, including by
changing past practices regarding assignments, refusing to offer work
to an interpreter, altering working conditions, or otherwise
coercing, harassing, or discriminating against an applicant or
interpreter.
(g) Unless the parties to a dispute agree upon other procedures
after the dispute arises, or other procedures are provided in a
memorandum of understanding or agreement with a recognized employee
organization, disputes about whether this section has been violated
shall be resolved by binding arbitration through the California State
Mediation and Conciliation Service.
71806. (a) At the conclusion of the regional transition period,
trial courts in the region may employ certified and registered
interpreters to perform spoken language interpretation for the trial
courts in full-time or part-time court interpreter positions created
by the trial courts with the authorization of the regional committee
and subject to meet and confer in good faith. The courts may also
continue to employ court interpreters pro tempore.
(b) For purposes of hiring interpreters for positions other than
court interpreters pro tempore, unless otherwise provided in a
memorandum of understanding or agreement with a recognized employee
organization, trial courts shall consider applicants in the following
order of priority:
(1) Court interpreters pro tempore in the same language who have
performed work for that trial court for at least 150 court days or
parts of court days during each of the past five years, including
time spent performing work for the trial court as an independent
contractor.
(2) Court interpreters pro tempore in the same language who have
performed work for that trial court for at least 60 court days or
parts of court days in each of the past five years, including time
spent performing work for the trial court as an independent
contractor.
(3) Court interpreters pro tempore in the same language who have
performed work for that trial court for at least 60 court days or
parts of court days in at least two of the past four years, including
time spent as an independent contractor.
(4) Other applicants.
(c) A trial court may not reject an applicant in favor of an
applicant with lower priority except for cause.
(d) For purposes of this section, "for cause" means a fair and
honest cause or reason regulated by good faith on the part of the
party exercising the power.
(e) Applicants may be required to provide sufficient documentation
to establish that they are entitled to priority in hiring. Trial
courts shall make their records of past assignments available to
interpreters for purposes of obtaining that documentation.
(f) Unless the parties to a dispute agree upon other procedures
after the dispute arises, or other procedures are provided in a
memorandum of understanding or agreement with a recognized employee
organization, disputes about whether this section has been violated
shall be resolved by binding arbitration through the California State
Mediation and Conciliation Service.
(g) Subdivision (b) shall become inoperative on January 1, 2007,
unless otherwise provided by a memorandum of understanding or
agreement with a recognized employee organization, and on and after
that time hiring shall be in accordance with the personnel rules of
the trial court.
71807. (a) For purposes of developing regional terms and conditions
of employment for court interpreters and for collective bargaining
with recognized employee organizations, the trial courts are divided
into four regions, as follows:
(1) Region 1: Los Angeles, Santa Barbara, and San Luis Obispo
Counties.
(2) Region 2: Counties of the First and Sixth Appellate Districts,
except Solano County.
(3) Region 3: Counties of the Third and Fifth Appellate Districts.
(4) Region 4: Counties of the Fourth Appellate District.
(b) The Judicial Council shall adopt rules for the creation and
operation of a regional court interpreter employment relations
committee for each region, composed of representatives chosen by the
trial courts within the region.
(c) The Judicial Council may divide each region into smaller
subregions for purposes of coordinating the cross-assignment of court
interpreters.
71808. The regional court interpreter employment relations
committee shall set terms and conditions of employment for court
interpreters within the region, subject to meet and confer in good
faith. These terms and conditions of employment, when adopted by the
regional committee, shall be binding on the trial courts within the
region. Compensation shall be uniform throughout the region. Unless
otherwise provided in a memorandum of understanding or agreement with
a recognized employee organization, other terms and conditions of
employment shall be uniform throughout the region, except that health
and welfare and pension benefits may be the same as those provided
to other employees of the same trial court.
71809. The regional court interpreter employment relations
committee shall act as the representative of the trial courts within
the region in bargaining with a recognized employee organization. A
memorandum of understanding or agreement ratified by the regional
court interpreter employment relations committee shall be considered
a binding agreement with each trial court within the region.
71810. (a) A court interpreter pro tempore employed by a trial
court may accept appointments to provide services to other trial
courts.
(b) The Judicial Council shall adopt procedures to facilitate the
efficient cross-assignment of court interpreters.
(c) Based on an assessment of interpreter use and current
practices, trial courts may create new employee positions for court
interpreters to perform spoken language interpretation for the trial
courts in classifications other than court interpreter pro tempore.
Some of these positions may include, as part of the duties of the
position, the requirement that the interpreter accept
cross-assignments, as defined in Section 71801, under procedures
adopted by the Judicial Council, and some positions may make the
acceptance of cross-assignments optional. Court interpreters pro
tempore, and other interpreters who have not accepted employment in a
position requiring the interpreter to accept cross-assignments, may
not be disciplined for declining a cross-assignment.
(d) The impact of cross-assignments shall be included within the
scope of representation as those matters affect wages, hours, and
terms and conditions of employment of court interpreters. The
regional court interpreter employment relations committee shall be
required to meet and confer in good faith with respect to that
impact.
(e) A court interpreter on cross-assignment shall be treated for
purposes of compensation, employee benefits, seniority, and
discipline and grievance procedures, as having performed the services
in the trial court in which the interpreter is employed.
(f) Court interpreters on cross-assignment shall be reimbursed for
mileage and other travel expenses at the same rates as other
judicial branch employees.
71811. Except as provided in this chapter, or by a memorandum of
understanding or agreement with a recognized employee organization,
court interpreters who are employed by a trial court shall be subject
to the same personnel rules as other employees of the trial court,
subject to meet and confer in good faith.
71812. Except as provided in this chapter, or by a memorandum of
understanding or agreement with a recognized employee organization,
each trial court may control the manner and means of the work
performed by court interpreters employed by the trial court and may
hire, supervise, discipline, and terminate employment of those court
interpreters in accordance with the personnel rules of the trial
court, including applicable employee protections and dispute
resolution mechanisms.
71812.5. (a) Court interpreters employed by the trial courts shall
be permitted to engage in outside employment or enterprises, except
where that activity would violate the professional conduct
requirements set forth in Rule 984.4 of the California Rules of
Court, would interfere with the employee's performance of his or her
duties for the trial courts, or would be incompatible, inconsistent,
or in conflict with the duties performed by the employee for the
trial courts.
(b) Unless the parties consent, an interpreter may not be
appointed by the trial court to interpret in a proceeding after
having previously interpreted on behalf of one of the parties, rather
than on behalf of the court, in that same matter. An interpreter
shall disclose that type of prior involvement to the trial court.
(c) An interpreter employed by a trial court is prohibited from
doing any of the following:
(1) Receiving or accepting, directly or indirectly, a gift,
including money, service, gratuity, favor, entertainment,
hospitality, loan, or any other thing of value from anyone who is
doing or seeking to do business of any kind with the trial court or
whose activities are regulated or controlled in any way by the trial
court, under circumstances from which it reasonably could be inferred
that the gift was intended to influence the employee in the
performance of his or her official duties or was intended as a reward
for official action of the employee.
(2) Using confidential information acquired by virtue of trial
court employment for the employee's private gain or advantage, or for
the private gain or advantage of another, or to the employer's
detriment.
(3) Using trial court facilities, equipment, or supplies for
personal gain or advantage or for the private gain or advantage of
another.
(4) Using the prestige or influence of trial court office or
employment for personal gain or advantage or advantage of another.
(5) Using the trial court's electronic mail facilities to
communicate or promote personal causes or gain.
71813. Except as otherwise provided by statute, court interpreters
employed by the trial courts 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. Court interpreters employed by the trial
courts 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 courts.
71814. (a) Notwithstanding any other provision of law, rule, or
regulation, an agency shop agreement may be negotiated between a
regional court interpreter employment relations committee and a
recognized employee organization. As used in this chapter, "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 for 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 may 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 regional
committee 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, if all of the following are satisfied:
(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.
(3) The vote is taken at any time during the term of the
memorandum of understanding or agreement. No more than one vote may
be taken during that term.
(c) In addition to the procedure prescribed in subdivision (a), an
agency shop arrangement between the regional court interpreter
employment relations committee and a recognized employee organization
or recognized employee organizations shall be placed in effect 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. An
election under this subdivision may not be held more frequently than
once a year, and shall be conducted by the Division of Conciliation
of the Department of Industrial Relations in the event the regional
court interpreter employment relations committee and the recognized
employee organization cannot agree within 10 days from the filing of
a petition to select jointly a neutral person or entity to conduct
the election. The recognized employee organization shall hold the
regional court interpreter employment relations committee and the
trial courts harmless and defend and indemnify the regional court
interpreter employment relations committee and trial courts regarding
the application of any agency shop requirements or provisions,
including, but not limited to, improper deduction of fees,
maintenance of records, and improper reporting.
(d) Notwithstanding subdivisions (a), (b), and (c), the regional
court interpreter employment relations committee 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 may not apply to management,
confidential, or supervisory employees.
(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 regional court interpreter
employment relations committee 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 Reporting
and Disclosure Act of 1959 (Griffin-Landrum Act), 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.
71815. A recognized employee organization shall have the right to
represent its members in their employment relations with the trial
courts as to matters covered by this chapter. 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 chapter shall prohibit any employee from
appearing on his or her own behalf regarding employment relations.
71816. (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 may
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
any of the following matters may 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 court interpreters.
The regional court interpreter employment relations committee shall
be required to meet and confer in good faith with respect to that
impact.
(d) The trial courts have the right to determine assignments and
transfers of court interpreters, provided that the process,
procedures, and criteria for assignments and transfers are included
within the scope of representation.
71817. (a) Except in cases of emergency, as provided in this
section, the regional court interpreter employment relations
committee shall give reasonable written notice to a 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 regional court interpreter employment
relations committee, and shall give that recognized employee
organization the opportunity to meet with the committee.
(b) In cases of emergency when the regional court interpreter
employment relations committee determines that any rule, policy, or
procedure must be adopted immediately without prior notice or meeting
with a recognized employee organization, the regional court
interpreter employment relations committee shall provide a notice and
opportunity to meet at the earliest practicable time following the
adoption of the rule, policy, or procedure.
71818. The regional court interpreter employment relations
committee, 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 this chapter, with representatives of the recognized
employee organizations, and shall consider fully the presentations
that are made by the recognized employee organization on behalf of
its members prior to arriving at a determination of policy or course
of action.
71819. If agreement is reached by the representatives of the
regional court interpreter employment relations committee and a
recognized employee organization, they shall jointly prepare a
written memorandum of understanding or agreement, which is not
binding, and present it to the regional court interpreter employment
relations committee or its designee for ratification.
71820. If after a reasonable period of time, representatives of the
regional court interpreter employment relations committee and the
recognized employee organization fail to reach agreement, the
regional court interpreter employment relations committee and the
recognized employee organization 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 courts
within the region and one-half to the recognized employee
organization.
71821. The trial courts shall allow a reasonable number of court
interpreter employee representatives of a recognized employee
organization reasonable time off, without loss of compensation or
other benefits, when formally meeting and conferring with
representatives of the regional court interpreter employment
relations committee on matters within the scope of representation.
71822. The trial courts, the regional court interpreter employment
relations committee, and employee organizations may not interfere
with, intimidate, restrain, coerce, harass, or discriminate against
applicants for interpreter employment or interpreter employees
because of their membership in an interpreter association or employee
organization, because of their participation in any grievance,
complaint, or meet and confer activities, or for the exercise of any
other rights granted to interpreter employees under this chapter.
71823. (a) On or before April 1, 2003, the regional court
interpreter employment relations committee shall adopt reasonable
rules and regulations for the administration of employer-employee
relations under this chapter, which shall be binding on the trial
courts within the region. These rules shall include provisions for
all of the following:
(1) Verification that an organization represents employees of the
trial courts within the applicable region.
(2) Verification of the official status of employee organization
officers and representatives.
(3) Registration of employee organizations and recognition of
these organizations as representatives of interpreters employed by
the trial courts in the region.
(4) Establishment of a single, regional bargaining unit of all
court interpreters employed by the trial courts in the region,
including court interpreters pro tempore.
(5) Recognition of an employee organization as the exclusive
representative of all court interpreters employed by the trial courts
in the region, subject to the right of a court interpreter to
represent himself or herself, as provided in Section 71813, upon
either of the following:
(A) Presentation of a petition or cards with the signatures of 50
percent plus one of the court interpreters employed by the trial
courts in the region during the payroll period immediately prior to
the presentation of the cards or petition, including court
interpreters pro tempore, regardless of whether they have been
appointed to interpret during that payroll period, if they have
worked for the trial courts as independent contractors or employees
for at least 15 days in the six months prior to the filing of the
petition or cards with those signatures having been obtained within
one year prior to presentation of the petition or cards. A signature
shall be valid even if the interpreter was not yet an employee at the
time the petition or card was signed if the interpreter had
previously performed work for the trial courts as an independent
contractor, provided that the signature was obtained no more than 90
days before the interpreter became an employee. The results of a
request for recognition under this provision shall be certified
within 10 days after presentation of the cards or petition.
(B) Receipt by the employee organization of 50 percent plus one of
the votes cast at a secret ballot representation election conducted
by mail. A representation election shall be held within 30 days after
presentation of a 30-percent or greater showing of interest from
employees eligible to vote in the representation election by means of
a petition or cards supported by signatures obtained within one year
prior to the presentation of the petitions or cards. A signature
shall be valid even if the interpreter was not yet an employee at the
time the petition or card was signed if the interpreter had
previously performed work for the trial courts as an independent
contractor, provided that the signature was obtained no more than 90
days before the interpreter became an employee. All certified and
registered interpreters employed by the trial courts in the payroll
period immediately prior to the election, including court
interpreters pro tempore, shall be eligible to vote in the election,
regardless of whether they have been appointed to interpret during
that payroll period, so long as they have worked for the trial courts
as independent contractors or employees for at least 15 days in the
six months prior to the filing of the petition or cards. A list of
eligible voters shall be provided to the employee organization within
10 days after submission of the petition or cards. Certification of
the results of a representation election shall occur within 30 days
after the election is concluded.
(6) Procedures for the resolution of disputes involving wages,
hours, and other terms and conditions of employment.
(7) Access of employee organization officers and representatives
to work locations.
(8) Use of official bulletin boards and other means of
communication by employee organizations.
(9) Furnishing nonconfidential information pertaining to
employment relations to an employee organization.
(10) Revocation of recognition of an employee organization
formally recognized as majority representative pursuant to a vote of
the employees by a majority vote of the employees only after a period
of not less than 12 months following the date of recognition. A vote
shall be requested by a petition or cards signed by at least 30
percent of the employees within the bargaining unit, with those
signatures having been obtained within one year prior to presentation
of the petition or cards.
(11) Any other matters that are necessary to carry out the
purposes of this chapter.
(b) If there is a recognized employee organization in the region,
the regional court interpreter employment relations committee may
amend the reasonable rules and regulations adopted pursuant to
subdivision (a) by adopting reasonable rules and regulations, after
meeting and conferring in good faith, for the administration of
employer-employee relations under this chapter, which shall be
binding on the trial courts within the region.
(c) Interpreters and recognized employee organizations shall be
able to challenge a rule or regulation of the regional court
interpreter employment relations committee or a trial court as a
violation of this chapter.
71824. A court interpreter may 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.
71825. (a) As used in this section, "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 chapter 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 regional court interpreter employment
relations committee has no rule.
(c) A complaint alleging any violation of this chapter or of any
rules and regulations adopted by a regional court interpreter
employment relations committee pursuant to Section 71823 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 chapter, 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 chapter and Section 71826(b). 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
regional court interpreter employment relations committee require
exhaustion of a remedy prior to filing an unfair practice charge or
the charging party chooses to exhaust a regional court interpreter
employment relations committee'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 regional
court interpreter employment relations committee concerning unit
determinations, representation, recognition, and elections.
(e) This section does not apply to employees designated as
management employees.
(f) The board shall not find it an unfair practice for an employee
organization to violate a rule or regulation adopted by a regional
court interpreter employment relations committee if that rule or
regulation is itself in violation of this chapter.
71825.1. (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.
71825.2. (a) Any written agreements reached through negotiations
held pursuant to this article are binding upon the parties, upon
adoption under Section 71819, 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
those matters shall be heard in the court of appeal district where
the matter was filed.
71826. (a) The enactment of this chapter may not be construed as
making Section 923 of the Labor Code applicable to court
interpreters.
(b) Court interpreters and the trial courts are not covered by
Chapter 10 (commencing with Section 3500) of Division 4 of Title 1,
or any subsequent changes thereto except as provided in this chapter.
However, if the language of this chapter 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.
71827. If any provision of this chapter, or the application
thereof, to any person or circumstances, is held invalid, the
invalidity may not affect other provisions or application of the
chapter that can be given effect without the invalid provisions or
application and, to this end the provisions of this chapter are
severable.
71828. (a) This chapter does not apply to trial courts in Solano
and Ventura Counties. Labor and employment relations for court
interpreters employed by trial courts in Solano and Ventura Counties
shall remain subject to the Trial Court Employment Protection and
Governance Act (Chapter 7 (commencing with Section 71600)), and
nothing in this chapter shall be construed to affect the application
of that act to court interpreters employed by those counties.
(b) If an interpreter employed by a trial court in a different
county accepts a temporary appointment to perform services for a
trial court in Solano or Ventura County, the interpreter shall be
treated for purposes of compensation, employee benefits, seniority,
and discipline and grievance procedures, as having performed the
services in the trial court in which the interpreter is employed.
(c) If an interpreter employed by a trial court in Solano or
Ventura County accepts a temporary appointment to perform services
for another trial court, the interpreter shall be treated for
purposes of compensation, employee benefits, seniority, and
discipline and grievance procedures, as having performed the services
in the trial court in which the interpreter is employed.
(d) This chapter also does not apply to court interpreters who
have been continuously employed by a trial court in any county
beginning prior to September 1, 2002, and who are covered by a
memorandum of understanding or agreement entered into pursuant to the
Trial Court Employment Protection and Governance Act (Chapter 7
(commencing with Section 71600)), and to future employees hired in
the same positions as replacements for those employees. For any other
certified or registered interpreters hired by trial courts as
employees prior to December 31, 2002, the trial courts may not change
existing job classifications and may not reduce their wages and
benefits during the regional transition period or during the term of
an existing contract, whichever is longer.
71829. The trial courts shall provide to the Judicial Council on or
before March 1, 2003, a list of certified and registered court
interpreters appointed by the trial courts as independent contractors
between January 1, 2002, and January 1, 2003, including the number
of court days or parts of court days those interpreters have been
appointed by each trial court during that year and each of the prior
four years. The Judicial Council shall provide this list to
registered employee organizations.
