Article 2. Administration of California Public Utilities Code >> Division 10. >> Part 11. >> Chapter 7. >> Article 2.
This chapter shall be administered by the Public Employment
Relations Board. In administering this chapter the board shall have
all of the following rights, powers, duties, and responsibilities:
(a) To determine in disputed cases, or otherwise approve,
(b) To determine in disputed cases whether a particular item is
within or without the scope of representation.
(c) To arrange for, and supervise, representation elections that
shall be conducted by means of secret ballot elections, and to
certify the results of the elections.
(d) To establish lists of persons broadly representative of the
public and qualified by experience to be available to serve as
mediators, arbitrators, or factfinders.
(e) To establish by regulation appropriate procedures for review
of proposals to change unit determinations.
(f) To adopt, pursuant to Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
rules and regulations to carry out the provisions and effectuate the
purposes and policies of this chapter.
(g) To hold hearings, subpoena witnesses, administer oaths, take
the testimony or deposition of any person, and, in connection
therewith, to issue subpoenas duces tecum to require the production
and examination of any employer's or employee organization's records,
books, or papers relating to any matter within its jurisdiction,
except for those records, books, or papers confidential under
statute. Notwithstanding Section 11425.10 of the Government Code,
Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3
of Title 2 of the Government Code does not apply to a hearing by the
board under this section, except a hearing to determine an unfair
(h) To investigate unfair practice charges or alleged violations
of this chapter, and to take any action and make any determinations
in respect of these charges or alleged violations as the board deems
necessary to effectuate the policies of this chapter, except that in
an action to recover damages due to an unlawful strike, the board
shall have no authority to award strike-preparation expenses as
damages, and shall have no authority to award damages for costs,
expenses, or revenue losses incurred during, or as a consequence of,
an unlawful strike.
(i) To bring an action in a court of competent jurisdiction to
enforce any of its orders, decisions, or rulings or to enforce the
refusal to obey a subpoena. Upon issuance of a complaint charging
that any person has engaged in or is engaging in an unfair practice,
the board may petition the court for appropriate temporary relief or
(j) To delegate its powers to any member of the board or to any
person appointed by the board for the performance of its functions,
except that no fewer than two board members may participate in the
determination of any ruling or decision on the merits of any dispute
coming before it, and except that a decision to refuse to issue a
complaint shall require the approval of two board members.
(k) To decide contested matters involving recognition,
certification, or decertification of employee organizations.
(l) To consider and decide issues relating to rights, privileges,
and duties of an employee organization in the event of a merger,
amalgamation, or transfer of jurisdiction between two or more
(m) To take any other action as the board deems necessary to
discharge its powers and duties and otherwise to effectuate the
purposes of this chapter.
Any person who shall willfully resist, prevent, impede, or
interfere with any member of the board, or any of its agents, in the
performance of duties pursuant to this chapter, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced to pay
a fine of not more than one thousand dollars ($1,000).
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.
(a) Any employee, employee organization, or employer shall have
the right to file an unfair practice charge, except that 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.
(b) The board shall not have authority to enforce agreements
between the parties, and shall not issue a complaint on any charge
based on alleged violation of such an agreement that would not also
constitute an unfair practice under this chapter.
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 affirmative action, that includes, but is
not limited to, the reinstatement of employees with or without
backpay, that will effectuate the policies of this chapter.
Notwithstanding any other law, if a decision by an
administrative law judge regarding the recognition or certification
of an employee organization as described in subdivision (k) of
Section 99561 is appealed, the decision shall be deemed the final
order of the board if the board does not issue a ruling that
supersedes the decision on or before 180 days after the appeal is