Section 71805 Of Chapter 7.5. Trial Court Interpreter Employment And Labor Relations Act From California Government Code >> Title 8. >> Chapter 7.5.
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.