Pocket Guide to Public Sector Mediation in California (3rd ed., 2019)
$27.00
By Gerald Fecher
3rd edition, 2019
138 in stock
Description
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
Contents
I. Introduction | 1 |
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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) |
11
12 |
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
|
67
68 |
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 |
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Dimensions | 10 × 6 × 0.5 in |
Institute for Research on Labor and Employment, UC Berkeley
California's number one resource for employer/employee relations