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California Public Employee Relations...since 1969
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Pocket Guide to the Ralph C. Dills Act

By Fred D'Orazio, Kristin Rosi and Howard Schwartz, and David Villalba
3rd edition, 2013

$27 each

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This guide provides a thorough description of the Dills Act – how it works, its history, and how it fits in with other labor relations laws. Also included are Public Employment Relations Board enforcement procedures, the text of the act, and a summary of all key cases that interpret the act, with complete citations and references to CPER analyses. In addition, there is a summary of PERB rules and regulations, a case index, and a glossary of terms designed for Dills Act users.

Since the 2006 edition, the Governor’s reorganization plan has created a new Department of Human Resources that took over the responsibilities of the Department of Personnel Administration and limited the role of the State Personnel Board. This new pocket guide edition summarizes over 60 PERB and court decisions that have issued since 2006 – cases that develop and clarify areas of the law such as interference and discrimination, duty to bargain, scope of bargaining, impasse resolution, protected activity, PERB jurisdiction and procedures, and unilateral action, among others.

Contents

I. Introduction1
    A. History of California Labor Relations Laws  2
    B. Excluded Employees Bill of Rights Act Summary 5
    C. Dills Act: Summary and Commentary 7
        1. PERB  9
        2. Representation 10
        3. Scope of Representation 11
        4. Unfair Practices 12
        5. Organization Security 13
        6. Impasse, Expired Agreements and Strikes 14
        7. Legislative Approval 17
        8. Access and Other Organizational Rights 18
        9. Public Notice 19
II. Ralph C. Dills Act 20
III. Major PERB and Court Decisions  45
    A. Access, Union right to 46
    B. Agreements and Contracts 48
    C. Code Sections Pertaining to Peace Officers' Rights 50
    D. Dills Act/Constitutional Conflicts 51
    E. Discrimination for, or Interference With, Protected Activity 52
    F. Domination of, or Interference With, Union 58
    G. Dues Deduction 60
    H. Duty of Fair Representation 61
    I. Duty to Bargain in Good Faith 65
    J. Election Objections 72
    K. Employee Organization 73
    L. Exclusive Representative, Certification or Decertification Elections 73
    M. Fair Share 75
    N. Furloughs 80
    O. Impasse Resolution Procedures 80
    P. Internal Union Matters 82
    Q. Protected Activity 84
    R. Public Employment Relations Board Jurisdiction 86
    S. Public Employment Relations Board Procedure 91
    T. Public Notice (“Sunshine Law”) 96
    U. Right to Information 96
    V. Representation Rights 97
    W. Scope of Bargaining 100
    X. Strikes and Job Actions 103
    Y. Unilateral Action   107
    Z. Unit Determination 112
IV. PERB Regulations and Sources of Information 115
    A. PERB Regulations 115
        1. General Provisions 115
        2. Unfair Practices 116
        3. Injunctions 117
        4. Representation Procedures 117
        5. Impasse Resolution 118
        6. Agency Shop 118
    B. Sources of Information on PERB 119
V. Glossary of Terms 121
VI. Table of Cases 133
VII. Index to Subjects 137