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. Introduction | 1 |
|---|---|
| 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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