PERB has released draft discussion regulations on factfinding and elections under the MMBA. (Click here to view)
The draft discussion regulations pertaining to factfinding are limited to two regulations: 32380 and 32802. These regulations currently state that a Board agent’s determination as to the sufficiency of a factfinding request cannot be appealed to the Board. The proposed regulations would eliminate those provisions, presumably making such determinations appealable.
MMBA Election Regulations
PERB has also released proposed regulations for conducting elections under the MMBA. These regulations would only apply if an employer’s local rules call for State Mediation to conduct local elections or if the parties consent.
Based on an initial brief review, the regulations appear to mirror PERB’s existing regulations for conducting elections under EERA, HEERA, and the Dills Act. (See PERB Regulation 32720 et. seq.). I didn’t spot any substantial changes. The only item that caught my eye was proposed regulation 33004 which requires an employer to provide PERB and the employee organization a list of employees eligible to vote along with the home addresses of employees. It is identical to existing PERB regulation 32726. However, there is a California Supreme Court case pending that may impose restrictions on the release of employee home addresses based on privacy concerns. (See County of Los Angeles v. Los Angeles County Employee Relations Commission (2011) 192 Cal.App.4th 1409.) I also know that there are a lot of differences in how local agencies handle voter lists. Some may give out home addresses; others may handle mailing in-house, others may require the use of a third-party mailing house. So local agencies that use State Mediation to conduct elections will want to be aware of this issue.
PERB Advisory Committee Meeting
PERB has scheduled an advisory committee meeting for January 17, 2013 at 10:00 a.m. A discussion of these draft regulations is on the agenda. I plan to be there and will report back on the discussion.