February 2022 Newsletter – School Districts
Senate Bill 270
Currently, employers subject to the Educational Employment Relations Act, are required to provide labor representatives with the names, home addresses, job titles, departments, work locations, telephone numbers, and personal email addresses of newly hired employees. This information must be provided within thirty (30) days of hire or by the first pay period of the month following the hire. (Govt. Code § 3558.) This information must be provided for all employees in a bargaining unit at least once every one hundred and twenty (120) days, unless more frequent or detailed lists have been negotiated. (Id.) The Public Employment Relations Board (“PERB”) has jurisdiction over violations of these requirements. (Id.)
Senate Bill 270 will go into effect starting July 1, 2022 and modify Government Code Section 3558. (SB 270.) This Senate Bill authorizes an exclusive representative to file an unfair labor practice with PERB when the public employer allegedly provides an inaccurate or incomplete list to the exclusive representative and: 1) the exclusive representative gives written notice of the alleged violation and 2) the public employer fails to cure the violation. (Id.) The employer has twenty (20) calendar days to cure an inaccurate or incomplete list by providing an accurate and complete list by certified mail or electronically. (Id.) However, an employer may not cure the failure to submit a list of newly hired employees or a list of bargaining unit members within the required time frames. (Id.) Further, a public employer may only cure three (3) times in a twelve (12) month period. (Id.)
The bill provides for a penalty of up to ten thousand dollars ($10,000.00). (SB 270.) PERB will determine the amount based upon the public employer’s annual budget, the severity of the violation, and any prior history of violations by the public employer. (Id.) The penalty, if imposed, must be deposited in the General Fund. (Id.) The prevailing party will be awarded attorney’s fees and costs. (Id.) Should PERB initiate superior court proceedings to enforce a board order or be required to defend its decision after a party seeks judicial review, the court must award the board attorney’s fees and costs if the board is the prevailing party. (Id.)
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