2009 California Government Code - Section 3500-3511 :: Chapter 10. Local Public Employee Organizations

GOVERNMENT CODE
SECTION 3500-3511

3500.  (a) It is the purpose of this chapter to promote full
communication between public employers and their employees by
providing a reasonable method of resolving disputes regarding wages,
hours, and other terms and conditions of employment between public
employers and public employee organizations. It is also the purpose
of this chapter to promote the improvement of personnel management
and employer-employee relations within the various public agencies in
the State of California by providing a uniform basis for recognizing
the right of public employees to join organizations of their own
choice and be represented by those organizations in their employment
relationships with public agencies. Nothing contained herein shall be
deemed to supersede the provisions of existing state law and the
charters, ordinances, and rules of local public agencies that
establish and regulate a merit or civil service system or which
provide for other methods of administering employer-employee
relations nor is it intended that this chapter be binding upon those
public agencies that provide procedures for the administration of
employer-employee relations in accordance with the provisions of this
chapter. This chapter is intended, instead, to strengthen merit,
civil service and other methods of administering employer-employee
relations through the establishment of uniform and orderly methods of
communication between employees and the public agencies by which
they are employed.
   (b) The Legislature finds and declares that the duties and
responsibilities of local agency employer representatives under this
chapter are substantially similar to the duties and responsibilities
required under existing collective bargaining enforcement procedures
and therefore the costs incurred by the local agency employer
representatives in performing those duties and responsibilities under
this chapter are not reimbursable as state-mandated costs.

3500.5.  This chapter shall be known and may be cited as the
"Meyers-Milias-Brown Act."

3501.  As used in this chapter:
   (a) "Employee organization" means either of the following:
   (1) Any organization that includes employees of a public agency
and that has as one of its primary purposes representing those
employees in their relations with that public agency.
   (2) Any organization that seeks to represent employees of a public
agency in their relations with that public agency.
   (b) "Recognized employee organization" means an employee
organization which has been formally acknowledged by the public
agency as an employee organization that represents employees of the
public agency.
   (c) Except as otherwise provided in this subdivision, "public
agency" means every governmental subdivision, every district, every
public and quasi-public corporation, every public agency and public
service corporation and every town, city, county, city and county and
municipal corporation, whether incorporated or not and whether
chartered or not. As used in this chapter, "public agency" does not
mean a school district or a county board of education or a county
superintendent of schools or a personnel commission in a school
district having a merit system as provided in Chapter 5 (commencing
with Section 45100) of Part 25 and Chapter 4 (commencing with Section
88000) of Part 51 of the Education Code or the State of California.
   (d) "Public employee" means any person employed by any public
agency, including employees of the fire departments and fire services
of counties, cities, cities and counties, districts, and other
political subdivisions of the state, excepting those persons elected
by popular vote or appointed to office by the Governor of this state.
   (e) "Mediation" means effort by an impartial third party to assist
in reconciling a dispute regarding wages, hours and other terms and
conditions of employment between representatives of the public agency
and the recognized employee organization or recognized employee
organizations through interpretation, suggestion and advice.
   (f) "Board" means the Public Employment Relations Board
established pursuant to Section 3541.

3501.5.  As used in this chapter, "public agency" does not mean a
superior court.

3502.  Except as otherwise provided by the Legislature, public
employees shall have the right to form, join, and participate in the
activities of employee organizations of their own choosing for the
purpose of representation on all matters of employer-employee
relations. Public employees also shall have the right to refuse to
join or participate in the activities of employee organizations and
shall have the right to represent themselves individually in their
employment relations with the public agency.

3502.1.  No public employee shall be subject to punitive action or
denied promotion, or threatened with any such treatment, for the
exercise of lawful action as an elected, appointed, or recognized
representative of any employee bargaining unit.

3502.5.  (a) Notwithstanding Section 3502, any other provision of
this chapter, or any other law, rule, or regulation, an agency shop
agreement may be negotiated between a public agency and a recognized
public employee organization that has been recognized as the
exclusive or majority bargaining agent pursuant to reasonable rules
and regulations, ordinances, and enactments, in accordance with this
chapter. As used in this chapter, "agency shop" means an arrangement
that requires an employee, as a condition of continued employment,
either to join the recognized employee organization or to pay the
organization a service fee in an amount not to exceed the standard
initiation fee, periodic dues, and general assessments of the
organization.
   (b) In addition to the procedure prescribed in subdivision (a), an
agency shop arrangement between the public agency and a recognized
employee organization that has been recognized as the exclusive or
majority bargaining agent shall be placed in effect, without a
negotiated agreement, upon (1) a signed petition of 30 percent of the
employees in the applicable bargaining unit requesting an agency
shop agreement and an election to implement an agency fee
arrangement, and (2) the approval of a majority of employees who cast
ballots and vote in a secret ballot election in favor of the agency
shop agreement. The petition may be filed only after the recognized
employee organization has requested the public agency to negotiate on
an agency shop arrangement and, beginning seven working days after
the public agency received this request, the two parties have had 30
calendar days to attempt good faith negotiations in an effort to
reach agreement. An election that may not be held more frequently
than once a year shall be conducted by the Division of Conciliation
of the Department of Industrial Relations in the event that the
public agency and the recognized employee organization cannot agree
within 10 days from the filing of the petition to select jointly a
neutral person or entity to conduct the election. In the event of an
agency fee arrangement outside of an agreement that is in effect, the
recognized employee organization shall indemnify and hold the public
agency harmless against any liability arising from a claim, demand,
or other action relating to the public agency's compliance with the
agency fee obligation.
   (c) An employee who is a member of a bona fide religion, body, or
sect that has historically held conscientious objections to joining
or financially supporting public employee organizations shall not be
required to join or financially support a public employee
organization as a condition of employment. The employee may be
required, in lieu of periodic dues, initiation fees, or agency shop
fees, to pay sums equal to the dues, initiation fees, or agency shop
fees to a nonreligious, nonlabor charitable fund exempt from taxation
under Section 501(c)(3) of the Internal Revenue Code, chosen by the
employee from a list of at least three of these funds, designated in
a memorandum of understanding between the public agency and the
public employee organization, or if the memorandum of understanding
fails to designate the funds, then to a fund of that type chosen by
the employee. Proof of the payments shall be made on a monthly basis
to the public agency as a condition of continued exemption from the
requirement of financial support to the public employee organization.
   (d) An agency shop provision in a memorandum of understanding that
is in effect may be rescinded by a majority vote of all the
employees in the unit covered by the memorandum of understanding,
provided that: (1) a request for that type of vote is supported by a
petition containing the signatures of at least 30 percent of the
employees in the unit, (2) the vote is by secret ballot, and (3) the
vote may be taken at any time during the term of the memorandum of
understanding, but in no event shall there be more than one vote
taken during that term. Notwithstanding the above, the public agency
and the recognized employee organization may negotiate, and by mutual
agreement provide for, an alternative procedure or procedures
regarding a vote on an agency shop agreement. The procedures in this
subdivision are also applicable to an agency shop agreement placed in
effect pursuant to subdivision (b).
   (e) An agency shop arrangement shall not apply to management
employees.
   (f) A recognized employee organization that has agreed to an
agency shop provision or is a party to an agency shop arrangement
shall keep an adequate itemized record of its financial transactions
and shall make available annually, to the public agency with which
the agency shop provision was negotiated, and to the employees who
are members of the organization, within 60 days after the end of its
fiscal year, a detailed written financial report thereof in the form
of a balance sheet and an operating statement, certified as to
accuracy by its president and treasurer or corresponding principal
officer, or by a certified public accountant. An employee
organization required to file financial reports under the federal
Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. Sec.
401 et seq.) covering employees governed by this chapter, or
required to file financial reports under Section 3546.5, may satisfy
the financial reporting requirement of this section by providing the
public agency with a copy of the financial reports.

3503.  Recognized employee organizations shall have the right to
represent their members in their employment relations with public
agencies. Employee organizations may establish reasonable
restrictions regarding who may join and may make reasonable
provisions for the dismissal of individuals from membership. Nothing
in this section shall prohibit any employee from appearing in his own
behalf in his employment relations with the public agency.

3504.  The scope of representation shall include all matters
relating to employment conditions and employer-employee relations,
including, but not limited to, wages, hours, and other terms and
conditions of employment, except, however, that the scope of
representation shall not include consideration of the merits,
necessity, or organization of any service or activity provided by law
or executive order.

3504.5.  (a) Except in cases of emergency as provided in this
section, the governing body of a public agency, and boards and
commissions designated by law or by the governing body of a public
agency, shall give reasonable written notice to each recognized
employee organization affected of any ordinance, rule, resolution, or
regulation directly relating to matters within the scope of
representation proposed to be adopted by the governing body or the
designated boards and commissions and shall give the recognized
employee organization the opportunity to meet with the governing body
or the boards and commissions.
   (b) In cases of emergency when the governing body or the
designated boards and commissions determine that an ordinance, rule,
resolution, or regulation must be adopted immediately without prior
notice or meeting with a recognized employee organization, the
governing body or the boards and commissions shall provide notice and
opportunity to meet at the earliest practicable time following the
adoption of the ordinance, rule, resolution, or regulation.
   (c) The governing body of a public agency with a population in
excess of 4,000,000, or the boards and commissions designated by the
governing body of such a public agency shall not discriminate against
employees by removing or disqualifying them from a health benefit
plan, or otherwise restricting their ability to participate in a
health benefit plan, on the basis that the employees have selected or
supported a recognized employee organization. Nothing in this
section shall be construed to prohibit the governing body of a public
agency or the board or commission of a public agency and a
recognized employee organization from agreeing to health benefit plan
enrollment criteria or eligibility limitations.

3505.  The governing body of a public agency, or such boards,
commissions, administrative officers or other representatives as may
be properly designated by law or by such governing body, shall meet
and confer in good faith regarding wages, hours, and other terms and
conditions of employment with representatives of such recognized
employee organizations, as defined in subdivision (b) of Section
3501, and shall consider fully such presentations as are made by the
employee organization on behalf of its members prior to arriving at a
determination of policy or course of action.
   "Meet and confer in good faith" means that a public agency, or
such representatives as it may designate, and representatives of
recognized employee organizations, shall have the mutual obligation
personally to meet and confer promptly upon request by either party
and continue for a reasonable period of time in order to exchange
freely information, opinions, and proposals, and to endeavor to reach
agreement on matters within the scope of representation prior to the
adoption by the public agency of its final budget for the ensuing
year. The process should include adequate time for the resolution of
impasses where specific procedures for such resolution are contained
in local rule, regulation, or ordinance, or when such procedures are
utilized by mutual consent.

3505.1.  If agreement is reached by the representatives of the
public agency and a recognized employee organization or recognized
employee organizations, they shall jointly prepare a written
memorandum of such understanding, which shall not be binding, and
present it to the governing body or its statutory representative for
determination.

3505.2.  If after a reasonable period of time, representatives of
the public agency and the recognized employee organization fail to
reach agreement, the public agency and the recognized employee
organization or recognized employee organizations together may agree
upon the appointment of a mediator mutually agreeable to the parties.
Costs of mediation shall be divided one-half to the public agency
and one-half to the recognized employee organization or recognized
employee organizations.

3505.3.  Public agencies shall allow a reasonable number of public
agency employee representatives of recognized employee organizations
reasonable time off without loss of compensation or other benefits
when formally meeting and conferring with representatives of the
public agency on matters within the scope of representation.

3505.4.  If after meeting and conferring in good faith, an impasse
has been reached between the public agency and the recognized
employee organization, and impasse procedures, where applicable, have
been exhausted, a public agency that is not required to proceed to
interest arbitration may implement its last, best, and final offer,
but shall not implement a memorandum of understanding. The unilateral
implementation of a public agency's last, best, and final offer
shall not deprive a recognized employee organization of the right
each year to meet and confer on matters within the scope of
representation, whether or not those matters are included in the
unilateral implementation, prior to the adoption by the public agency
of its annual budget, or as otherwise required by law.

3506.  Public agencies and employee organizations shall not
interfere with, intimidate, restrain, coerce or discriminate against
public employees because of their exercise of their rights under
Section 3502.

3507.  (a) A public agency may adopt reasonable rules and
regulations after consultation in good faith with representatives of
a recognized employee organization or organizations for the
administration of employer-employee relations under this chapter.
   The rules and regulations may include provisions for all of the
following:
   (1) Verifying that an organization does in fact represent
employees of the public agency.
   (2) Verifying the official status of employee organization
officers and representatives.
   (3) Recognition of employee organizations.
   (4) Exclusive recognition of employee organizations formally
recognized pursuant to a vote of the employees of the agency or an
appropriate unit thereof, subject to the right of an employee to
represent himself or herself as provided in Section 3502.
   (5) Additional procedures for the resolution of disputes involving
wages, hours and other terms and conditions of employment.
   (6) Access of employee organization officers and representatives
to work locations.
   (7) Use of official bulletin boards and other means of
communication by employee organizations.
   (8) Furnishing nonconfidential information pertaining to
employment relations to employee organizations.
   (9) Any other matters that are necessary to carry out the purposes
of this chapter.
   (b) Exclusive recognition of employee organizations formally
recognized as majority representatives pursuant to a vote of the
employees may be revoked by a majority vote of the employees only
after a period of not less than 12 months following the date of
recognition.
   (c) No public agency shall unreasonably withhold recognition of
employee organizations.
   (d) Employees and employee organizations shall be able to
challenge a rule or regulation of a public agency as a violation of
this chapter. This subdivision shall not be construed to restrict or
expand the board's jurisdiction or authority as set forth in
subdivisions (a) to (c), inclusive, of Section 3509.

3507.1.  (a) Unit determinations and representation elections shall
be determined and processed in accordance with rules adopted by a
public agency in accordance with this chapter. In a representation
election, a majority of the votes cast by the employees in the
appropriate bargaining unit shall be required.
   (b) Notwithstanding subdivision (a) and rules adopted by a public
agency pursuant to Section 3507, a bargaining unit in effect as of
the effective date of this section shall continue in effect unless
changed under the rules adopted by a public agency pursuant to
Section 3507.
   (c) A public agency shall grant exclusive or majority recognition
to an employee organization based on a signed petition, authorization
cards, or union membership cards showing that a majority of the
employees in an appropriate bargaining unit desire the
representation, unless another labor organization has previously been
lawfully recognized as exclusive or majority representative of all
or part of the same unit. Exclusive or majority representation shall
be determined by a neutral third party selected by the public agency
and the employee organization who shall review the signed petition,
authorization cards, or union membership cards to verify the
exclusive or majority status of the employee organization. In the
event the public agency and the employee organization cannot agree on
a neutral third party, the Division of Conciliation of the
Department of Industrial Relations shall be the neutral third party
and shall verify the exclusive or majority status of the employee
organization. In the event that the neutral third party determines,
based on a signed petition, authorization cards, or union membership
cards, that a second labor organization has the support of at least
30 percent of the employees in the unit in which recognition is
sought, the neutral third party shall order an election to establish
which labor organization, if any, has majority status.

3507.3.  Professional employees shall not be denied the right to be
represented separately from nonprofessional employees by a
professional employee organization consisting of such professional
employees. In the event of a dispute on the appropriateness of a unit
of representation for professional employees, upon request of any of
the parties, the dispute shall be submitted to the Division of
Conciliation of the Department of Industrial Relations for mediation
or for recommendation for resolving the dispute.
   "Professional employees," for the purposes of this section, means
employees engaged in work requiring specialized knowledge and skills
attained through completion of a recognized course of instruction,
including, but not limited to, attorneys, physicians, registered
nurses, engineers, architects, teachers, and the various types of
physical, chemical, and biological scientists.

3507.5.  In addition to those rules and regulations a public agency
may adopt pursuant to and in the same manner as in Section 3507, any
such agency may adopt reasonable rules and regulations providing for
designation of the management and confidential employees of the
public agency and restricting such employees from representing any
employee organization, which represents other employees of the public
agency, on matters within the scope of representation. Except as
specifically provided otherwise in this chapter, this section does
not otherwise limit the right of employees to be members of and to
hold office in an employee organization.

3508.  (a) The governing body of a public agency may, in accordance
with reasonable standards, designate positions or classes of
positions which have duties consisting primarily of the enforcement
of state laws or local ordinances, and may by resolution or ordinance
adopted after a public hearing, limit or prohibit the right of
employees in these positions or classes of positions to form, join,
or participate in employee organizations where it is in the public
interest to do so. However, the governing body may not prohibit the
right of its employees who are full-time "peace officers," as that
term is defined in Chapter 4.5 (commencing with Section 830) of Title
3 of Part 2 of the Penal Code, to join or participate in employee
organizations which are composed solely of those peace officers,
which concern themselves solely and exclusively with the wages,
hours, working conditions, welfare programs, and advancement of the
academic and vocational training in furtherance of the police
profession, and which are not subordinate to any other organization.
   (b) (1) This subdivision shall apply only to a county of the
seventh class.
   (2) For the purposes of this section, no distinction shall be made
between a position designated as a peace officer position by Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code at the time of the enactment of the 1971 amendments to this
section, and a welfare fraud investigator or inspector position
designated as a peace officer position by any amendment to that
Chapter 4.5 at any time after the enactment of the 1971 amendments to
this section.
   (3) It is the intent of this subdivision to overrule San
Bernardino County Sheriff's Etc. Assn. v. Board of Supervisors (1992)
7 Cal.App.4th 602, 611, with respect to San Bernardino County
designating a welfare fraud investigator or inspector as a peace
officer under this section.
   (c) (1) This subdivision shall apply only to a county of the
seventh class and shall not become operative until it is approved by
the county board of supervisors by ordinance or resolution.
   (2) For the purposes of this section, no distinction shall be made
between a position designated as a peace officer position by Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code at the time of the enactment of the 1971 amendments to this
section, and a probation corrections officer position designated as a
peace officer position by any amendment to that Chapter 4.5 at any
time after the enactment of the 1971 amendments to this section.
   (3) It is the intent of this subdivision to overrule San
Bernardino County Sheriff's Etc. Assn. v. Board of Supervisors (1992)
7 Cal.App.4th 602, 611, to the extent that it holds that this
section prohibits the County of San Bernardino from designating the
classifications of Probation Corrections Officers and Supervising
Probation Corrections Officers as peace officers. Those officers
shall not be designated as peace officers for purposes of this
section unless that action is approved by the county board of
supervisors by ordinance or resolution.
   (4) Upon approval by the Board of Supervisors of San Bernardino
County, this subdivision shall apply to petitions filed in May 2001
by Probation Corrections Officers and Supervising Probation
Corrections Officers.
   (d) The right of employees to form, join and participate in the
activities of employee organizations shall not be restricted by a
public agency on any grounds other than those set forth in this
section.

3508.1.  For the purposes of this section, the term "police employee"
includes the civilian employees of the police department of any
city. Police employee does not include any public safety officer
within the meaning of Section 3301.
   (a) With respect to any police employee, except as provided in
this subdivision and subdivision (d), no punitive action, nor denial
of promotion on grounds other than merit, shall be undertaken for any
act, omission, or other allegation of misconduct if the
investigation of the allegation is not completed within one year of
the public agency's discovery by a person authorized to initiate an
investigation of the allegation of an act, omission, or other
misconduct. This one-year limitation period shall apply only if the
act, omission, or other misconduct occurred on or after January 1,
2002. In the event that the public agency determines that discipline
may be taken, it shall complete its investigation and notify the
police employee of its proposed disciplinary action within that year,
except in any of the following circumstances:
   (1) If the act, omission, or other allegation of misconduct is
also the subject of a criminal investigation or criminal prosecution,
the time during which the criminal investigation or criminal
prosecution is pending shall toll the one-year time period.
   (2) If the police employee waives the one-year time period in
writing, the time period shall be tolled for the period of time
specified in the written waiver.
   (3) If the investigation is a multijurisdictional investigation
that requires a reasonable extension for coordination of the involved
agencies.
   (4) If the investigation involves more than one employee and
requires a reasonable extension.
   (5) If the investigation involves an employee who is incapacitated
or otherwise unavailable, the time during which the person is
incapacitated or unavailable shall toll the one-year period.
   (6) If the investigation involves a matter in civil litigation in
which the police employee is named as a party defendant, the one-year
time period shall be tolled while the civil action is pending.
   (7) If the investigation involves a matter in criminal litigation
in which the complainant is a criminal defendant, the one-year time
period shall be tolled during the period of that defendant's criminal
investigation and prosecution.
   (8) If the investigation involves an allegation of workers'
compensation fraud on the part of the police employee.
   (b) When a predisciplinary response or grievance procedure is
required or utilized, the time for this response or procedure shall
not be governed or limited by this chapter.
   (c) If, after investigation and predisciplinary response or
procedure, the public agency decides to impose discipline, the public
agency shall notify the police employee in writing of its decision
to impose discipline, including the date that the discipline will be
imposed, within 30 days of its decision, except if the police
employee is unavailable for discipline.
   (d) Notwithstanding the one-year time period specified in
subdivision (a), an investigation may be reopened against a police
employee if both of the following circumstances exist:
   (1) Significant new evidence has been discovered that is likely to
affect the outcome of the investigation.
   (2) One of the following conditions exists:
   (A) The evidence could not reasonably have been discovered in the
normal course of investigation without resorting to extraordinary
measures by the agency.
   (B) The evidence resulted from the police employee's
predisciplinary response or procedure.

3508.5.  (a) Nothing in this chapter shall affect the right of a
public employee to authorize a dues or service fees deduction from
his or her salary or wages pursuant to Section 1157.1, 1157.2,
1157.3, 1157.4, 1157.5, or 1157.7.
   (b) A public employer shall deduct the payment of dues or service
fees to a recognized employee organization as required by an agency
shop arrangement between the recognized employee organization and the
public employer.
   (c) Agency fee obligations, including, but not limited to, dues or
agency fee deductions on behalf of a recognized employee
organization, shall continue in effect as long as the employee
organization is the recognized bargaining representative,
notwithstanding the expiration of any agreement between the public
employer and the recognized employee organization.

3509.  (a) The powers and duties of the board described in Section
3541.3 shall also apply, as appropriate, to this chapter and shall
include the authority as set forth in subdivisions (b) and (c).
Included among the appropriate powers of the board are the power to
order elections, to conduct any election the board orders, and to
adopt rules to apply in areas where a public agency has no rule.
   (b) A complaint alleging any violation of this chapter or of any
rules and regulations adopted by a public agency pursuant to Section
3507 or 3507.5 shall be processed as an unfair practice charge by the
board. The initial determination as to whether the charge of unfair
practice is justified and, if so, the appropriate remedy necessary to
effectuate the purposes of this chapter, shall be a matter within
the exclusive jurisdiction of the board. The board shall apply and
interpret unfair labor practices consistent with existing judicial
interpretations of this chapter.
   (c) The board shall enforce and apply rules adopted by a public
agency concerning unit determinations, representation, recognition,
and elections.
   (d) Notwithstanding subdivisions (a) to (c), inclusive, the
employee relations commissions established by, and in effect for, the
County of Los Angeles and the City of Los Angeles pursuant to
Section 3507 shall have the power and responsibility to take actions
on recognition, unit determinations, elections, and all unfair
practices, and to issue determinations and orders as the employee
relations commissions deem necessary, consistent with and pursuant to
the policies of this chapter.
   (e) Notwithstanding subdivisions (a) to (c), inclusive, consistent
with, and pursuant to, the provisions of Sections 3500 and 3505.4,
superior courts shall have exclusive jurisdiction over actions
involving interest arbitration, as governed by Title 9 (commencing
with Section 1280) of Part 3 of the Code of Civil Procedure, when the
action involves an employee organization that represents
firefighters, as defined in Section 3251.
   (f) This section shall not apply to employees designated as
management employees under Section 3507.5.
   (g) The board shall not find it an unfair practice for an employee
organization to violate a rule or regulation adopted by a public
agency if that rule or regulation is itself in violation of this
chapter. This subdivision shall not be construed to restrict or
expand the board's jurisdiction or authority as set forth in
subdivisions (a) to (c), inclusive.

3509.5.  (a) Any charging party, respondent, or intervenor aggrieved
by a final decision or order of the board in an unfair practice
case, except a decision of the board not to issue a complaint in such
a case, and any party to a final decision or order of the board in a
unit determination, representation, recognition, or election matter
that is not brought as an unfair practice case, may petition for a
writ of extraordinary relief from that decision or order. A board
order directing an election may not be stayed pending judicial
review.
   (b) A petition for a writ of extraordinary relief shall be filed
in the district court of appeal having jurisdiction over the county
where the events giving rise to the decision or order occurred. The
petition shall be filed within 30 days from the date of the issuance
of the board's final decision or order, or order denying
reconsideration, as applicable. Upon the filing of the petition, the
court shall cause notice to be served upon the board and thereafter
shall have jurisdiction of the proceeding. The board shall file in
the court the record of the proceeding, certified by the board,
within 10 days after the clerk's notice unless that time is extended
by the court for good cause shown. The court shall have jurisdiction
to grant any temporary relief or restraining order it deems just and
proper, and in like manner to make and enter a decree enforcing,
modifying, and enforcing as modified, or setting aside in whole or in
part the decision or order of the board. The findings of the board
with respect to questions of fact, including ultimate facts, if
supported by substantial evidence on the record considered as a
whole, shall be conclusive. Title 1 (commencing with Section 1067) of
Part 3 of the Code of Civil Procedure relating to writs shall,
except where specifically superseded by this section, apply to
proceedings pursuant to this section.
   (c) If the time to petition for extraordinary relief from a board
decision or order has expired, the board may seek enforcement of any
final decision or order in a district court of appeal or superior
court having jurisdiction over the county where the events giving
rise to the decision or order occurred. The board shall respond
within 10 days to any inquiry from a party to the action as to why
the board has not sought court enforcement of the final decision or
order. If the response does not indicate that there has been
compliance with the board's final decision or order, the board shall
seek enforcement of the final decision or order upon the request of
the party. The board shall file in the court the record of the
proceeding, certified by the board, and appropriate evidence
disclosing the failure to comply with the decision or order. If,
after hearing, the court determines that the order was issued
pursuant to the procedures established by the board and that the
person or entity refuses to comply with the order, the court shall
enforce the order by writ of mandamus or other proper process. The
court may not review the merits of the order.

3510.  (a) The provisions of this chapter shall be interpreted and
applied by the board in a manner consistent with and in accordance
with judicial interpretations of this chapter.
   (b) The enactment of this chapter shall not be construed as making
the provisions of Section 923 of the Labor Code applicable to public
employees.

3511.  The changes made to Sections 3501, 3507.1, and 3509 of the
Government Code by legislation enacted during the 1999-2000 Regular
Session of the Legislature shall not apply to persons who are peace
officers as defined in Section 830.1 of the Penal Code.


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