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Chapter 3. Administration of California Government Code >> Title 23. >> Chapter 3.
The Legislature hereby finds and declares that collective
bargaining for individual providers under this title constitutes a
matter of statewide concern. Therefore, this title is applicable to
all counties, notwithstanding charter provisions to the contrary, as
set forth in Section 110005.
Where the language of this title 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 by the board in a manner consistent with and in
accordance with judicial interpretations of the same language.
Except as provided in this title, the powers and duties of
the board described in Sections 3541.3 and 3541.5 shall also apply,
as appropriate, to this title. Included among the appropriate powers
of the board are the powers to order elections, to conduct any
election the board orders, to order unit modifications consistent
with Section 110008, and to adopt rules.
Notwithstanding any other law, if a decision by an
administrative law judge regarding the recognition, certification,
decertification, or unit modification, consistent with Section
110008, of an employee organization 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 no later than 180 days after the
appeal is filed.
(a) Any charging party, respondent, or intervener 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 consistent with Section 110008, or in a
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 shall 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.
(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.
