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


By Gerald Fecher
3rd edition, 2019

208 in stock


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


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 7
    C. Contract Mediation Under the MMBA 8
    D. Contract Mediation Under the Dills Act 9
    E. Contract Mediation for State Trial Court Employees and Interpreters 10
    F. Contract Mediation Under the Judicial Council Employer-Employee Relations Act (JCEERA

G.   In-Home Support Workers and the Repeal of the In-Home Supportive Services Employer-Employee Relations Act (IHSSEERA)



    H. Contract Mediation for Transit Districts 13
IV. Other Types of Mediation 15
    A. Grievance Mediation 15
    B. Unit Determination Mediation 16
    C. Conflict Resolution for the Workplace Mediation 17
V. Statutes 18
    A. California Evidence Code Sections Relevant to Confidentiality in Mediation 18
    B. SMCS Reimbursement Regulations 24
    C. Relevant Sections of the Educational Employment Relations Act (EERA) 26
    D. Relevant Sections of the Higher Education Employer-Employee Relations Act (HEERA) 31
    E. Relevant Sections of PERB Regulations Related to EERA and HEERA 34
    F. Sections of the Meyers-Milias-Brown Act (MMBA) 38
    G. Relevant sections of PERB Regulations Related to MMBA Jurisdictions 44
    H. Relevant Sections of the Ralph C. Dills Act 46
    I. Relevant Sections of the Trial Court Employment Protection and Governance Act (TCEPGA) 55
    J. Relevant Sections of the Trial Court Interpreter Employment and Labor Relations Act (TCIELRA) 57
    K. Relevant Sections of the Welfare and Institutions Code Related to the Collective Bargaining Transition of IHSS Employees to Counties 58
    L. Relevant Sections of Judicial Council Employer-Employee Relations (JCEERA) 60
    M. Relevant Sections of the Public Transportation Labor Disputes Act 64
    N. Relevant Sections of the Los Angeles Metropolitan Transit Authority Transit Employer-Employee Relations Act

O. Relevant Sections of Enabling Legislation for the California State Mediation and Conciliation Service





VI. Relevant Cases 72
    A. Court Cases 72
    B. PERB Decisions 73
VII. Selected References 78
VIII. Glossary of Terms 80

Additional information

Weight 0.625 lbs
Dimensions 10 × 6 × 0.5 in