Pocket Guide to Public Sector Mediation in California


By Gerald Fecher
2nd edition, 2015


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.

The second edition contains new information and statutory language about mediation under California’s most recent labor relations statute, the In-Home Supportive Services Employer-Employee Relations Act (IHSSEERA). This edition also covers language related to the move of the State Mediation & Conciliation Service from the Department of Industrial Relations to the Public Employment Relations Board, and provides the most-recent court and PERB decisions concerning mediation.

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 In-Home Supportive Services Employer-Employee Relations Act 11
    G. Contract Mediation for Transit Districts 12
IV. Other Types of Mediation 14
    A. Grievance Mediation 14
    B. Unit Determination Mediation 15
    C. Conflict Resolution for the Workplace Mediation 16
    D. State Employee Discipline Mediation 16
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) 30
    E. relevant Sections of PERB Regulations Related to EERA and HEERA 33
    F. Sections of the Meyers-Milias-Brown Act (MMBA) 37
    G. Public Employment Relations Board – Emergency Regulations Applicable to MMBA Jurisdictions, Effective January 1, 2012 43
    H. Relevant Sections of the Ralph C. Dills Act 46
    I. Relevant Sections of the Trial Court Employment Protection and Governance Act (TCEPGA) 54
    J. Relevant Sections of the Trial Court Interpreter Employment and Labor Relations Act (TCIELRA) 55
    K. Relevant Sections of the In-Home Supportive Services Employer-Employee Relations Act(IHSSEERA) 57
    L. Relevant Sections of PERB Regulations Related
    M. Relevant Sections of the Public Transportation Labor Disputes Act 62
    N. Relevant Sections of the Los Angeles Metropolitan Transit Authority Transit Employer-Employee Relations Act 65
VI. Relevant Cases 70
    A. Court Cases 70
    B. PERB Decisions 71
VII. Selected References 76
VIII. Glossary of Terms 78

Additional information

Weight 0.625 lbs
Dimensions 10 x 6 x 0.5 in