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SB-411 Educational employment relations: Public Employment Relations Board: investigations: unfair practices.(2021-2022)

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Date Published: 02/12/2021 09:00 PM
SB411:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 411


Introduced by Senator Cortese

February 12, 2021


An act to amend Section 3541.5 of the Government Code, relating to public educational employment.


LEGISLATIVE COUNSEL'S DIGEST


SB 411, as introduced, Cortese. Educational employment relations: Public Employment Relations Board: investigations: unfair practices.
Existing law grants public school employees 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. Existing law establishes the Public Employment Relations Board, and gives the board specified powers relating to employer-employee relations, including the power to investigate unfair practice charges filed by an employee, employee organization, or employer. Existing law grants the board exclusive jurisdiction to make an initial determination as to whether the charges of unfair practices are justified, and, if so, what remedy is necessary, as specified.
This bill would make nonsubstantive changes to the latter provision.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 3541.5 of the Government Code is amended to read:

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