The Office of Administrative Law has approved PERB’s proposed regulations implementing the Public Employees Communication Chapter (PECC) (Gov. Code, sec. 3555 et seq.), the Prohibition on Public Employers Deterring or Discouraging Union Membership chapter (PEDD) (Gov. Code, sec. 3550 et seq.), and making changes to the Board’s existing regulation concerning the designation of precedential decisions. The regulations are effective April 1, 2020.
The regulations implementing the PECC and PEDD essentially mirror the requirements set forth in those statutes. The most significant effect of the regulations is to make clear that violations of the PECC and PEDD are treated as “unfair practices.”
PERB is also amending Regulation 32320 to allow the Board to designate any Board decision as non-precedential. Currently, only Board decisions resulting from appeals can be designated as non-precedential. In addition, under the amended regulation any party may request that the Board designate a decision as precedential or non-precdential within 20 days of service of the decision. This procedure appears to be akin to a request for publication or depublication in civil appellate practice.