Transportation network company drivers: labor relations: appeals., the official text

An act to add Section 7470.18.5 to the Business and Professions Code, relating to transportation.

LEGISLATIVE COUNSEL'S DIGEST

Existing law, the Transportation Network Company Drivers Labor Relations Act (act), establishes that transportation network company (TNC) drivers have the right to form, join, and participate in the activities of TNC driver organizations, to bargain through representatives of their own choosing, to engage in concerted activities for the purpose of bargaining or other mutual aid or protection, and to refrain from such activities. The act designates certain actions and inactions of TNCs, such as failure or refusal to negotiate in good faith with a certified bargaining organization, and of TNC driver organizations as unfair practices, which are subject to the Public Employment Relations Board‘s unfair practice procedure regulations.
This bill would authorize any charging party, respondent, or intervenor aggrieved by a final decision or order of the board in an unfair practice case to petition for a writ of extraordinary relief from such a decision or order, except as provided. The bill would set forth procedures for filing and reviewing the petition and for enforcing final decisions or orders subsequent to the expiration of the petition timeline.

The people of the State of California do enact as follows:

SECTION 1.
Section 7470.18.5 is added to the Business and Professions Code, to read:
7470.18.5.
(a) Any charging party, respondent, or intervenor aggrieved by a final decision or order of the board in an unfair practice case may petition for a writ of extraordinary relief from such decision or order. For purposes of this subdivision, “final decision or order of the board” excludes a decision of the board not to issue a complaint in such an unfair practice case.
(b) (1) The petition authorized under subdivision (a) shall be filed in the district court of appeal in the appellate district where the dispute giving rise to the unfair practice case occurred. The petition shall be filed within 30 days after issuance of the board’s final order or order denying reconsideration, as applicable.
(2) Upon the filing of such a petition, the court shall cause notice to be served upon the board and thereupon shall have jurisdiction of the proceeding. The board shall file with the court the record of the proceeding, certified by the board, within 10 days after the clerk’s notice, unless such time is extended by the court for good cause shown.
(3) The court shall have jurisdiction to grant to the board such temporary relief or restraining order it deems just and proper and make and enter a decree enforcing, modifying, or setting aside the order of the board.
(4) The findings of the board with respect to questions of fact, including ultimate facts, are conclusive if supported by substantial evidence on the record considered as a whole.
(5) The provisions of Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure relating to writs shall apply to proceedings pursuant to this section. However, the provisions of this section shall prevail in cases of conflict with those of that title.
(c) (1) If the time to petition for extraordinary relief from a board decision pursuant to this section has expired, the board may seek enforcement of any final decision or order in a district court of appeal or a superior court in the district where the unfair practice case occurred.
(2) 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.
(3) 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 with the court the record of the proceeding, certified by the board, and appropriate evidence disclosing the failure to comply with the decision or order.
(4) If, after a hearing, the court determines that the order was issued pursuant to procedures established by the board and that the person or entity refuses to comply with the order, the court shall enforce such order by writ of mandamus. The court shall not review the merits of the order.