Section 71825 Of Chapter 7.5. Trial Court Interpreter Employment And Labor Relations Act From California Government Code >> Title 8. >> Chapter 7.5.
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, 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. The
board shall apply and interpret unfair labor practices consistent
with existing judicial interpretations of this chapter and
subdivision (b) of Section 71826. 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
subdivision 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.