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§ 32998. Reimbursement for Services.


Barclays Official California Code of Regulations Currentness
Title 8. Industrial Relations
Division 3. Public Employment Relations Board
Chapter 1. Public Employment Relations Board
Subchapter 9. State Mediation and Conciliation Service
Article 1. Services
8 CCR § 32998
§ 32998. Reimbursement for Services.
(a) Beginning July 1, 2010, training and facilitation services provided by the SMCS pursuant to Section 3602 of the Government Code and representation services, other than election services, relating to public transit labor relations pursuant to the Public Utilities Code shall be reimbursed at the rate of one hundred and fifteen dollars ($115.00) per hour, prorated for each quarter hour of work that is less than a full hour. The actual time charged shall begin when a mediator commences providing such services, shall include travel time and time spent with the parties to determine the content of the training and goals for the facilitation, and shall continue until the services are completed.
(1) Facilitation services include facilitation of collective bargaining prior to impasse, facilitation of labor-management processes such as labor-management committees, and facilitation of workplace dispute resolution processes. Facilitation services do not include mediation services resulting from certification of impasse by the Board, mediation under Government Code section 3611, mediation of collective bargaining disputes in which the parties have bargained to impasse and have requested mediation, or mediation of grievances arising under a collective bargaining agreement or memorandum of understanding.
(2) Representation services shall include all services related to the investigation and resolution of questions concerning representation of transit district employees other than election services.
(3) Hearing officer services related to representation services provided under the Public Utilities Code, unless provided by a Board agent, shall be divided equally between or among the parties to the hearing.
(4) SMCS shall bill the parties for training, facilitation and representation services after completion of the work. The matter of which party or parties will be responsible for reimbursement of SMCS will be determined between or among the parties and will be recorded in a memorandum of agreement signed by all parties. The cost of representation services shall be split equally between or among the parties unless otherwise agreed to by the parties as permitted by law.
(b) Beginning July 1, 2010, election services provided by SMCS shall be reimbursed at a flat rate depending upon the size of the bargaining unit. Election services covered by this regulation do not include representation elections (certification, decertification and unit clarification), and card and petition checks relating to a petition for recognition or certification, but will include the conduct of other elections, including but not limited to contract ratification votes.
(1) Election services shall be reimbursed as follows:
(A) Bargaining units of 1 to 49 employees: $1,000.00;
(B) Bargaining units of 50 to 199 employees: $1,250.00;
(C) Bargaining units of 200 to 999 employees: $2,000.00;
(D) Bargaining units of 1000 or more employees: $4,000.00.
The cost of election services shall be split equally between or among the parties unless otherwise specified in local rules or agreed to by the parties. Which party or parties shall be responsible for reimbursement of SMCS, and in what amount, shall be determined at the initial set up meeting and will be recorded in the memorandum of election agreement.
(c) Beginning July 1, 2010, each arbitrator shall pay one hundred and fifty dollars ($150.00) per fiscal year (July 1 to June 30) to join and to remain listed on SMCS's statewide panel of private arbitrators. An arbitrator shall be removed from the panel if payment of the annual fee is not made within thirty (30) days of notice that it is past due.
(1) A party requesting a list of arbitrators shall pay fifty dollars ($50.00) for each list of arbitrators requested. Payment for a list of arbitrators must be made at the time each list is requested. There will be no charge for substitute lists for the same case.
Note: Authority cited: Sections 3541.3(g), 3551(a), 3555.5(c), 3602 and 3603, Government Code. Reference: Sections 3551(a), 3555.5(c), 3557, 3600, 3601, 3602, 3603 and 3611, Government Code; Sections 25051, 25052, 28850, 28852, 30750, 30751, 30756, 40120, 40122, 50120, 50121, 70120, 70121, 95650, 95651, 98162.5, 100301, 100304, 100305, 100306, 101341, 101342, 101344, 102401, 102403, 103401, 103404, 103405, 103406, 120502, 120503, 120505, 125521, 125524, 125525, 125526, Appendix 1, Section 4.1 and Appendix 2, Section 13.90, Public Utilities Code; Section 11010, Government Code; and Sections 8740 and 8752, State Administrative Manual.
1. Renumbering and amendment of former division 1, chapter 8, subchapter 7 to new division 3, chapter 1, subchapter 9 (section 32998) and renumbering of former section 17300 to new section 32998, including amendment of section and Note, filed 3-18-2013; operative 7-1-2013 (Register 2013, No. 12).
2. New article 1 heading filed 8-19-2013; operative 10-1-2013 (Register 2013, No. 34).
3. Change without regulatory effect amending subsection (b) filed 7-31-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 31).
4. Amendment of Note filed 12-27-2019; operative 4-1-2020 (Register 2019, No. 52).
This database is current through 6/11/21 Register 2021, No. 24
8 CCR § 32998, 8 CA ADC § 32998
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