2009 California Government Code - Section 3563-3563.3 :: Article 2. Administration

3563.  This chapter shall be administered by the Public Employment
Relations Board. In administering this chapter the board shall have
all of the following rights, powers, duties and responsibilities:
   (a) To determine in disputed cases, or otherwise approve,
appropriate units.
   (b) To determine in disputed cases whether a particular item is
within or without the scope of representation.
   (c) To arrange for and supervise representation elections which
shall be conducted by means of secret ballot elections, and to
certify the results of the elections.
   (d) To establish lists of persons broadly representative of the
public and qualified by experience to be available to serve as
mediators, arbitrators, or factfinders. In no case shall the lists
include persons who are on the staff of the board.
   (e) To establish by regulation appropriate procedures for review
of proposals to change unit determinations.
   (f) To adopt, pursuant to Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2, rules and regulations to
carry out the provisions and effectuate the purposes and policies of
this chapter.
   (g) To hold hearings, subpoena witnesses, administer oaths, take
the testimony or deposition of any person, and, in connection
therewith, to issue subpoenas duces tecum to require the production
and examination of any employer's or employee organization's records,
books, or papers relating to any matter within its jurisdiction,
except for those records, books, or papers confidential under
statute. Notwithstanding Section 11425.10, Chapter 4.5 (commencing
with Section 11400) of Part 1 of Division 3 of Title 2 does not apply
to a hearing by the board under this section, except a hearing to
determine an unfair practice charge.
   (h) To investigate unfair practice charges or alleged violations
of this chapter, and to take any action and make any determinations
in respect of these charges or alleged violations as the board deems
necessary to effectuate the policies of this chapter.
   (i) To bring an action in a court of competent jurisdiction to
enforce any of its orders, decisions or rulings or to enforce the
refusal to obey a subpoena. Upon issuance of a complaint charging
that any person has engaged in or is engaging in an unfair practice,
the board may petition the court for appropriate temporary relief or
restraining order.
   (j) To delegate its powers to any member of the board or to any
person appointed by the board for the performance of its functions,
except that no fewer than two board members may participate in the
determination of any ruling or decision on the merits of any dispute
coming before it and except that a decision to refuse to issue a
complaint shall require the approval of two board members.
   (k) To decide contested matters involving recognition,
certification, or decertification of employee organizations.
   (l) To consider and decide issues relating to rights, privileges,
and duties of an employee organization in the event of a merger,
amalgamation, or transfer of jurisdiction between two or more
employee organizations.
   (m) To take any other action as the board deems necessary to
discharge its powers and duties and otherwise to effectuate the
purposes of this chapter.

3563.1.  Any person who shall willfully resist, prevent, impede or
interfere with any member of the board, or any of its agents, in the
performance of duties pursuant to this chapter, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced to pay
a fine of not more than one thousand dollars ($1,000).

3563.2.  The initial determination as to whether the charges of
unfair practices are justified, and, if so, what remedy is necessary
to effectuate the purposes of this chapter, shall be a matter within
the exclusive jurisdiction of the board. Procedures for
investigating, hearing, and deciding these cases shall be devised and
promulgated by the board.
   (a) Any employee, employee organization, or employer shall have
the right to file an unfair practice charge, except that the board
shall not issue a complaint in respect of any charge based upon an
alleged unfair practice occurring more than six months prior to the
filing of the charge.
   (b) The board shall not have authority to enforce agreements
between the parties, and shall not issue a complaint on any charge
based on alleged violation of such an agreement that would not also
constitute an unfair practice under this chapter.

3563.3.  The board shall have the power to issue a decision and
order directing an offending party to cease and desist from the
unfair practice and to take such affirmative action, including, but
not limited to, the reinstatement of employees with or without back
pay, as will effectuate the policies of this chapter.