The California Assembly Committee on Public Employment and Retirement has crafted legislation establishing new judicial review procedures for Public Employment Relations Board (PERB) decisions affecting the Santa Clara Valley Transportation Authority. The measure creates a process for parties to challenge PERB rulings through petitions for extraordinary relief in district courts of appeal.
Under the new provisions, charging parties, respondents, and intervenors may petition courts to review final PERB decisions in unfair practice cases within 30 days of issuance, except when PERB declines to issue a complaint. Upon receiving a petition, courts can grant temporary relief and issue decrees to enforce, modify, or overturn PERB orders. The courts must defer to PERB's factual findings when supported by substantial evidence.
The legislation also authorizes PERB to pursue enforcement through the courts after the petition period expires. If parties inquire why PERB has not sought enforcement, PERB must respond within 10 days. When compliance remains lacking, PERB must file for enforcement upon request. Courts reviewing these enforcement actions may only examine procedural compliance, not revisit the merits of PERB's original decision.
The bill's findings indicate these procedures address specific adjudication needs of the Santa Clara Valley Transportation Authority. The provisions supplement existing dispute resolution processes while maintaining PERB's core authority over unfair labor practice cases.
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The California Assembly Committee on Public Employment and Retirement has crafted legislation establishing new judicial review procedures for Public Employment Relations Board (PERB) decisions affecting the Santa Clara Valley Transportation Authority. The measure creates a process for parties to challenge PERB rulings through petitions for extraordinary relief in district courts of appeal.
Under the new provisions, charging parties, respondents, and intervenors may petition courts to review final PERB decisions in unfair practice cases within 30 days of issuance, except when PERB declines to issue a complaint. Upon receiving a petition, courts can grant temporary relief and issue decrees to enforce, modify, or overturn PERB orders. The courts must defer to PERB's factual findings when supported by substantial evidence.
The legislation also authorizes PERB to pursue enforcement through the courts after the petition period expires. If parties inquire why PERB has not sought enforcement, PERB must respond within 10 days. When compliance remains lacking, PERB must file for enforcement upon request. Courts reviewing these enforcement actions may only examine procedural compliance, not revisit the merits of PERB's original decision.
The bill's findings indicate these procedures address specific adjudication needs of the Santa Clara Valley Transportation Authority. The provisions supplement existing dispute resolution processes while maintaining PERB's core authority over unfair labor practice cases.
| Ayes | Noes | NVR | Total | Result |
|---|---|---|---|---|
| 76 | 1 | 2 | 79 | PASS |
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