PERB Issues Notice of Rulemaking

PERB has recently issued two notices of proposed rulemaking.  One set of proposed regulations is aimed at implementing the transfer of the State Mediation and Conciliation Service from the Department of Industrial Relations to PERB.  The other set of proposed regulations makes a change in one of the following subject matters: (1) filing and service of documents; (2) maintenance of a list of arbitrators; (3) appointment of factfinding chairpersons under the Higher Education Employer-Employee Relations Act; (4) Board decisions; (5) Board policy on expediting cases; (6) unfair practice charge processing; or (7) recognition petition procedures under the Meyers-Milias-Brown Act.  The Notice of Proposed Rulemaking and the text of the proposed changes can be found here.

Overall, the proposed changes, in my opinion, are non-substantive and non-controversial.  Only two changes really stick out.  First, PERB has proposed allowing the filing and service of papers by email.  In today’s world, that is certainly a welcome change.  Second, PERB has proposed making optional of designation as precedential any decision involving an appeal from a dismissal.  All other Board decisions will remain precedential.  Again, this is a welcome change.

Personally, I was hoping the Board would go further and make the precedential designation of any Board decision or order optional.  However, this change is certainly an improvement over the current system.

Any public comments to the proposed rulemaking packages are due to PERB by 5:00 p.m. on December 11, 2012.  A public hearing will be held on the proposed changes at 10:00 a.m. on December 13, 2012.

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