Cal. Code Regs. tit. 8 § 32147

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 32147 - Expediting Matters Before the Board

(a) Motions to Expedite

(1) A motion to expedite proceedings within a single division of the Board shall be filed with the General Counsel, Chief Administrative Law Judge, Director of State Mediation and Conciliation Services, or the Board itself, as appropriate. A motion to expedite proceedings at all divisions shall be filed with the Board itself.

(2) A motion to expedite a case must be clearly labeled as a motion to expedite. The motion may not be part of or combined with any other document other than a brief or declarations supporting the motion. The motion shall state with specificity why one or more of the criteria in subparagraph (b)(2) of this Section are satisfied.

(3) Any other party to the proceeding may file a response to a motion to expedite within 5 business days of service of the motion. No reply briefs shall be filed unless otherwise ordered.

(4) Denial of any motion to expedite, in whole or in part, shall be without prejudice to a party's ability to renew its motion, unless otherwise ordered.

(5) The General Counsel, Chief Administrative Law Judge, Director of State Mediation and Conciliation Services, or the Board itself may expedite any case on its own motion.

(b) Applicable Criteria

(1) All divisions must expedite the following types of cases from initial filing to conclusion, without any motion or order:

(A) All cases arising under Section 32761, 32770, 32781, 33050, 33070, 33700, 40170, 40200, 51030, 51040, 51100, 51680, 61210, 61215, 61300, 61350, 61400, 61450, 71030, 71040, 71100, 71680, 81210, 81300, 81350, 81400, 81450, 91210, 91300, 91350, 91400, or 91450.

(B) All cases in which a representation election or other certification or recognition process or procedure has been stayed pending resolution of the case.

(2) In all cases not subject to mandatory expedited processing under subparagraph (b)(1) of this Section, the following criteria shall be considered in determining whether a case should be expedited:

(A) whether expedited processing is necessary to preserve the Board's ability to issue an effective remedy;

(B) whether the case involves alleged conduct that would irreparably harm the exercise of employee or employee organization rights;

(C) whether the case involves an important and unresolved question of law, the prompt resolution of which would significantly benefit one or more segments of the public sector labor-management community;

(D) whether the case arises from or relates to a representation or recognition dispute;

(E) whether a court injunction is in place pending resolution of the case;

(F) the number of employees affected, the size of any potential monetary remedy, or the nature, scope, or importance of any potential non-monetary remedy; and

(G) any compelling circumstances showing that expedited processing is warranted.

(c) Required Procedures for Expedited Cases

(1) In all cases falling under subparagraph (b)(1) of this Section, and in other cases after an order expediting the matter has issued, the case shall be given priority and decided on an expedited basis in the manner determined to be appropriate by, as applicable, the General Counsel, Chief Administrative Law Judge, Director of State Mediation and Conciliation Services, or the Board itself.

(2) Any document filed in a case falling under subparagraph (b)(1) of this Section, or in any other case if the document is filed in a division in which the case has been expedited, shall prominently display the words "EXPEDITED CASE" on the document's first page.

(3) When exceptions are pending in a case falling under subparagraph (b) of Section 32305, no abeyance or extension of time may be granted.

(4) In any expedited case not falling under subparagraph (b) of Section 32305, an abeyance may only be granted if all parties agree. An extension of time to file any document, or a request to continue a formal hearing, may be granted only when:

(A) the parties mutually agree to the extension of time or continuance;

(B) the continuance is necessary to mitigate prejudice caused by an amended pleading; or

(C) the party requesting the extension of time or continuance demonstrates extraordinary circumstances that outweigh any prejudice to other parties.

Cal. Code Regs. Tit. 8, § 32147

Note: Authority cited: Sections 3509(a), 3513(h), 3524.52(a), 3541.3(g), 3551(a), 3555.5(c), 3563(f), 3603, 71639.1(b) and 71825(b), Government Code; Sections 28849(b), 30751, 40122, 40122.1(a), 70122, 90300, 98162.5, 99561(f), 100301, 101344, 102399(b), 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public Utilities Code; and Section 10421(e), Welfare and Institutions Code. Reference: Sections 3509, 3513(h), 3524.52(a), 3541.3(n), 3551(a), 3555.5(c), 3563(m), 71639.1 and 71825, Government Code; Sections 25052, 28849(b), 28849(b), 28851, 37051, 40122, 40122.1(a), 50121, 70122, 90300, 95651, 98162.5, 99561(m), 100301, 101344, 102399(b), 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public Utilities Code; and Section 10421(e), Welfare and Institutions Code.

Note: Authority cited: Sections 3509(a), 3513(h), 3524.52(a), 3541.3(g), 3551(a), 3555.5(c), 3563(f), 71639.1(b) and 71825(b), Government Code; Sections 28849(b), 40122.1(a), 99561(f) and 102399(b), Public Utilities Code; and Section 10421(e), Welfare and Institutions Code. Reference: Sections 3509, 3513(h), 3524.52(a), 3541.3(n), 3551(a), 3555.5(c), 3563(m), 71639.1 and 71825, Government Code; Sections 28849(b), 40122.1(a), 99561(m) and 102399(b), Public Utilities Code; and Section 10421(e), Welfare and Institutions Code.

1. New section filed 6-18-80; effective thirtieth day thereafter (Register 80, No. 25).
2. Repealer and new section filed 9-20-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 39).
3. Change without regulatory effect amending Note filed 2-15-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 7).
4. Amendment of Note filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-11-2001 order transmitted to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
6. Amendment of Note filed 2-2-2004 as an emergency; operative 2-2-2004 (Register 2004, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-1-2004 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
8. Amendment of Note filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004, No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004 or emergency language will be repealed by operation of law on the following day.
9. Amendment of Note refiled 12-27-2004 as an emergency; operative 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be transmitted to OAL by 4-28-2005 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005 (Register 2005, No. 22).
11. Amendment of first paragraph and new subsections (a)-(d) filed 3-18-2013; operative 7-1-2013 (Register 2013, No. 12).
12. Amendment of subsection (a) filed 8-22-2013; operative 10-1-2013 (Register 2013, No. 34).
13. Amendment of subsection (a) and Note filed 12-6-2013 as an emergency; operative 12-6-2013 pursuant to Government Code section 110035.5 (Register 2013, No. 51). This regulatory action is deemed an emergency exempt from OAL review and was filed directly by the agency with the Secretary of State pursuant to Government Code section 110035.5. A Certificate of Compliance must be transmitted to OAL by 6-4-2014 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 12-6-2013 order transmitted to OAL 5-29-2014 and filed 7/10/2014 (Register 2014, No. 28).
15. Change without regulatory effect amending subsection (a) and Note filed 5-8-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 19).
16. Amendment of Note filed 12-27-2019; operative 4/1/2020 (Register 2019, No. 52).
17. Amendment of subsection (a) and Note filed 4-18-2023; operative 7/1/2023 (Register 2023, No. 16).
18. Repealer and new section and amendment of NOTE filed 8-8-2023; operative 8/8/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 32).
19. Amendment of NOTE filed 6-5-2024; operative 10/1/2024 (Register 2024, No. 23).