Statutes, codes, and regulations
California Code Of Regulations
Title 8 - Industrial RelationsDivision 3 - Public Employment Relations BoardChapter 1 - Public Employment Relations Board
Subchapter 5 - Unfair Practice Proceedings
Section 32602 - Processing Violations

Cal. Code Regs. tit. 8 § 32602

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Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 32602 - Processing Violations
(a) Alleged violations of the EERA, Ralph C. Dills Act, HEERA, MMBA, TEERA, JCEERA, Article 3 of the Trial Court Act, the Court Interpreter Act, the PECC, the PEDD, the OCTDA, the SFBART Act, the Sacramento RTD Act, and alleged violations of local rules adopted pursuant to the MMBA, Trial Court Act, Court Interpreter Act, or the OCTDA, and alleged violations of rules or regulations adopted by the Statewide Authority pursuant to IHSSEERA, shall be processed as unfair practice charges.
(b) Except as provided in subsections (c) and (d), unfair practice charges may be filed by an employee, employee organization, or employer against an employee organization or employer.
(c) A charge alleging that an employer or an exclusive representative has failed to comply with Government Code section 3523, 3524.78, 3547, 3547.5, or 3595, or Public Utilities Code section 99569, may be filed by any affected member of the public.
(d) A charge alleging that an exclusive representative has failed to comply with Government Code section 3515.7(e), 3546.5, 3584(b), or 3587, or Public Utilities Code Section 99566.3 may only be filed by an affected employee.

Cal. Code Regs. Tit. 8, § 32602

Note: Authority cited: Sections 3509, 3513, 3524.52(a), 3541.3, 3551(a), 3555.5(c), 3563, 71639.1(b) and 71825(b), Government Code; and Sections 28849(b), 40122.1(a), 99561(f) and 102399(b), Public Utilities Code. Reference: Sections 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3524.52(a), 3524.55, 3524.59, 3524.71, 3524.72, 3524.78, 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71636, 71636.3, 71637.1, 71639.1, 71823 and 71825, Government Code; and Sections 28849(b), 28860(b), 40122.1, 99561(h), 99561.2, 99563.7, 99563.8, 99566.3, 99569, 102399(b) and 102408(b)(2), Public Utilities Code.

Note: Authority cited: Sections 3509, 3513, 3524.52(a), 3541.3, 3551(a), 3555.5(c), 3563, 71639.1(b) and 71825(b), Government Code; and Section 99561(f), Public Utilities Code. Reference: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3524.52(a), 3524.55, 3524.59, 3524.71, 3524.72, 3524.78, 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71636, 71636.3, 71637.1, 71639.1, 71814, 71823 and 71825, Government Code; and Sections 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code.

1. New section filed 10-10-85; effective thirtieth day thereafter (Register 85, No. 41).
2. Amendment filed 12-29-88; operative 1-28-89 (Register 89, No. 4).
3. Amendment of section and 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.
4. Certificate of Compliance as to 6-11-2001 order transmitted to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
5. Amendment of section and 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.
6. Certificate of Compliance as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
7. Amendment of section and 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.
8. Amendment of section and 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.
9. Certificate of Compliance as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005 (Register 2005, No. 22).
10. Amendment of section and Note filed 4-11-2006; operative 5-11-2006 (Register 2006, No. 15).
11. Change without regulatory effect amending Note filed 3-14-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 11).
12. Amendment of subsections (a) and (e) and amendment of 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.
13. Certificate of Compliance as to 12-6-2013 order transmitted to OAL 5-29-2014 and filed 7/10/2014 (Register 2014, No. 28).
14. Change without regulatory effect amending subsections (a) and (e) and amending Note filed 5-8-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 19).
15. Amendment of subsection (a) and Note filed 12-27-2019; operative 4/1/2020 (Register 2019, No. 52).
16. Amendment of subsections (a) and (c) and amendment of Note filed 4-18-2023; operative 7/1/2023 (Register 2023, No. 16).
17. Amendment of subsections (a)-(b), repealer of subsection (e) and amendment of NOTE filed 6-5-2024; operative 10/1/2024 (Register 2024, No. 23).