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Pocket Guide to Public Sector Mediation in California

By Gerald Fecher
1st edition, 2012

$15 each

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Mediation continues to be a successful method for resolving labor disputes for public sector employees in California.

The Pocket Guide to Public Sector Mediation in California discusses the various aspects of the mediation process as it applies to public agencies and employees throughout the state. Because the process differs among public employees depending on the governing statute, this guide outlines those differences and explains how the process typically works.

Useful for both the beginning practitioner and the seasoned professional, the guide covers the types of mediation and how they operate under the different statutes, levels of involvement, and the importance of confidentiality.

Included are the relevant statutory language of each act, relevant cases, selected references, and a glossary of terms.

 

Contents

I. Introduction1
    A. The Importance and History of Mediation 1
    B. Types of Involvement 3
II. Confidentiality 4
III. Contract Mediation 5
    A. The Process 5
    B. Contract Mediation Under EERA/HEERA 6
    C. Contract Mediation Under the MMBA 8
    D. Contract Mediation Under the Dills Act 9
    E. Contract Mediation for State Trial CourtEmployees and Interpreters 10
    F. State Employee Discipline Mediation 10
IV. Other Types of Mediation 13
    A. Grievance Mediation 13
    B. Unit Determination Mediation 14
    C. Conflict Resolution for the Workplace Mediation 15
    D. State Employee Discipline Mediation 15
V. Statutes 17
    A. California Evidence Code Sections Relevant to Confidentiality in Mediation 17
    B. SMCS Reimbursement Regulations 23
    C. Relevant Sections of the Educational Employment Relations Act (EERA) 25
    D. Relevant Sections of the Higher Education Employer-Employee Relations Act (HEERA) 30
    E. Sections of the Meyers-Milias-Brown Act (MMBA) 33
    F. Public Employment Relations Board – Emergency Regulations Applicable to MMBA Jurisdictions, Effective January 1, 2012 38
    G. Relevant Sections of the Ralph C. Dills Act 41
    H. Relevant Sections of the Trial Court Employment Protection and Governance Act (TCEPGA) 49
    I. Relevant Sections of the Trial Court Interpreter Employment and Labor Relations Act (TCIELRA) 51
    J. Relevant Sections of the Public Transportation Labor Disputes Act 53
    K. Relevant Sections of the Los Angeles Metropolitan Transit Authority Transit Employer-Employee Relations Act 55
VI. Relevant Cases 56
    A. Court Cases 56
    B. PERB Decisions 57
VII. Selected References 61
VIII. Glossary of Terms 63

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