California Public Utilities Code

§ 102408

PUC § 102408 Effective Jan 1, 2022Div. 10 · Part 14 · Ch. 6 · Art. 1

Statute text

(a)This chapter shall not displace, or supplant, the requirements of Chapter 3 (commencing with Section 3610) of Division 4.5 of Title 1 of the Government Code, and the impasse resolution and injunctive relief procedures provided for pursuant to Sections 3612 to 3614, inclusive, of the Government Code shall remain exclusive.

(b)(1) An exclusive representative may elect to move one or more of its bargaining units to the jurisdiction of the Public Employment Relations Board for unfair practice charges. Notification by the exclusive representative of such election shall be filed with the General Counsel of the Public Employment Relations Board or their designee and served on the district pursuant to applicable regulations. An election by an exclusive representative for one or more of its bargaining units to be subject to the jurisdiction of the Public Employment Relations Board shall be irrevocable for that unit.

(2)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, is 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.

Legislative history

Repealed and added by Stats. 2021, Ch. 492, Sec. 16. (SB 598) Effective January 1, 2022.