Pocket Guide to Public Sector Mediation in California (3rd ed., 2019)

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

The CPER Guide 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, levels of involvement, and the importance of confidentiality. Included are the relevant statutory language of each act, pertinent cases, selected references, and a glossary of terms.

Pocket guide author Jerry Fecher is the presiding conciliator of the California State Mediation and Conciliation Service, and has been with SMCS since 2009. He has mediated numerous contract negotiation impasses and grievances under all of the state public sector statutes, and has supervised representation, decertification, and agency shop elections for public sector employees.

Table of Contents

1. Introduction (Page 1)
   1. The Importance and History of Mediation (Page 1)
   2. Types of Involvement (Page 3)
2. Confidentiality (Page 4)
3. Contract Mediation (Page 5)
   1. The Process (Page 5)
   2. Contract Mediation Under EERA/HEERA (Page 7)
   3. Contract Mediation Under the MMBA (Page 8)
   4. Contract Mediation Under the Dills Act (Page 9)
   5. Contract Mediation for State Trial Court Employees and Interpreters (Page 10)
   6. Contract Mediation Under the Judicial Council Employer-Employee Relations Act (JCEERA) (Page 11)
   7. In-Home Support Workers and the Repeal of the In-Home Supportive Services Employer-Employee Relations Act (IHSSEERA) (Page 12)
   8. H. Contract Mediation for Transit Districts (Page 13)
4. Other Types of Mediation (Page 15)
   1. Grievance Mediation (Page 15)
   2. Unit Determination Mediation (Page 16)
   3. Conflict Resolution for the Workplace Mediation (Page 17)
5. Statutes (Page 18)
   1. California Evidence Code Sections Relevant to Confidentiality in Mediation (Page 18)
   2. SMCS Reimbursement Regulations (Page 24)
   3. Relevant Sections of the Educational Employment Relations Act (EERA) (Page 26)
   4. Relevant Sections of the Higher Education Employer-Employee Relations Act (HEERA) (Page 31)
   5. Relevant Sections of PERB Regulations Related to EERA and HEERA (Page 34)
   6. Sections of the Meyers-Milias-Brown Act (MMBA) (Page 38)
   7. Relevant sections of PERB Regulations Related to MMBA Jurisdictions (Page 44)
   8. Relevant Sections of the Ralph C. Dills Act (Page 46)
   9. Relevant Sections of the Trial Court Employment Protection and Governance Act (TCEPGA) (Page 55)
   10. Relevant Sections of the Trial Court Interpreter Employment and Labor Relations Act (TCIELRA) (Page 57)
   11. Relevant Sections of the Welfare and Institutions Code Related to the Collective Bargaining Transition of IHSS Employees to Counties (Page 58)
   12. Relevant Sections of Judicial Council Employer-Employee Relations (JCEERA) (Page 60)
   13. Relevant Sections of the Public Transportation Labor Disputes Act (Page 64)
   14. Relevant Sections of the Los Angeles Metropolitan Transit Authority Transit Employer-Employee Relations Act (Page 67)
   15. Relevant Sections of Enabling Legislation for the California State Mediation and Conciliation Service (Page 68)
6. Relevant Cases (Page 72)
   1. Court Cases (Page 72)
   2. PERB Decisions (Page 73)
7. Selected References (Page 78)
8. Glossary of Terms (Page 80)