California Public Utilities Code

§ 40122.1

PUC § 40122.1 Effective Jan 1, 2020Div. 10 · Part 4 · Ch. 4

Statute text

(a)The Public Employment Relations Board established pursuant to Section 3541 of the Government Code, and the powers and duties of that board, as described in Section 3541.3 of the Government Code, shall apply, as appropriate, to this chapter and shall include the authority as set forth in subdivision (b).

(b)A complaint alleging any violation of this chapter or of any rules and regulations adopted by the district shall be processed as an unfair practice charge by the Public Employment Relations Board. The initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the Public Employment Relations Board, except that in an action to recover damages due to an unlawful strike, the Public Employment Relations Board shall have no authority to award strike-preparation expenses as damages, and shall have no authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. The Public Employment Relations Board shall apply and interpret unfair labor practices consistent with existing judicial interpretations of this chapter.

(c)The Public Employment Relations Board shall not find it an unfair practice for an employee organization to violate a rule or regulation adopted by a public agency if that rule or regulation is itself in violation of this chapter. This subdivision shall not be construed to restrict or expand that board’s jurisdiction or authority as set forth in subdivisions (a) and (b).

Legislative history

Added by Stats. 2019, Ch. 713, Sec. 1. (AB 355) Effective January 1, 2020.