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Unfair Practice Charges and PERB

INTENDED AUDIENCE: Public Agency
CATEGORY: Labor Relations, Public Agency

In California, labor relations between public agencies and their employees is governed by various collective bargaining statutes.  Overseeing those various collective bargaining statutes is the Public Employment Relations Board (“PERB”), a quasi-judicial administrative agency with exclusive jurisdiction to adjudicate unfair practice complaints and resolve representation issues.

This workbook will help you understand PERB’s role in overseeing not only labor relations between your agency and its employees, but also the types of conduct which can result in an unfair practice charge being filed against your agency. It provides practical tips for preventing such charges, and responding to them once they are filed.  It also explains the process by which PERB investigates unfair practice charges, and discusses your obligations if a complaint issues.  It also includes a discussion on how hearings on unfair practice charges are conducted, and describes the appeal process once a decision is issued.

Finally, this workbook includes excerpts of PERB regulations, as well as exemplars of documents used in unfair practice proceedings.

Topics Include:

  • Legal Framework for Collective Bargaining in the Public Sector
    • Introduction
    • The Legal Framework for Public Agency Managers and Negotiators
    • Local Rules
  • Subjects of Bargaining
    • The Contract and Past Practice
    • Scope of Representation
    • General Principles of Vesting
  • The Negotiation Process
    • Preparation for Negotiations
    • Negotiation Process
    • Agreement and Impasse

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