California Code of Regulations
Title 8 - Industrial Relations
Division 3 - Public Employment Relations Board
Chapter 1 - Public Employment Relations Board
Subchapter 5 - Unfair Practice Proceedings
Section 32610.2 - Pre-Filing Procedures for Certain PECC Charges

Universal Citation: 8 CA Code of Regs 32610.2

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) An unfair practice charge alleging that a public employer violated Government Code Section 3558, subdivision (a) must allege that the exclusive representative notified the public employer in writing of the facts and theories of the alleged violation(s).

(b) The following subsections apply only to claims that a public employer violated Government Code Section 3558, subdivision (a) by supplying an inaccurate or incomplete list of employees to the exclusive representative.

(1) Except as provided in subsection (b)(2), a public employer shall not be liable for violation(s) that it cures within twenty (20) days from the date it receives written notice of the alleged violation(s) from the exclusive representative.

(2) A public employer shall not avoid liability by curing an alleged violation if, in the twelve (12) months immediately preceding its curative action, the employer has cured three alleged violations of Government Code Section 3558, subdivision (a). Each cured violation within the preceding 12-month period shall count toward the three-cure limit regardless of the exclusive representative or bargaining unit involved.

Note: Authority cited: Sections 3541.3(g), 3551 and 3555.5(c), Government Code. Reference: Sections 3550, 3551.5 and 3558, Government Code.

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