California Codes

Cal. Government Code § 3563.2 (2026)

✓ current as of May 2026

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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.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 2005–2023 · leading case: Coachella Valley Mosquito & Vector Control Dist. v. California Pub. Emp. Relations Bd., 112 P.3d 623 (Cal. 2005).

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Coachella Valley Mosquito & Vector Control Dist. v. California Pub. Emp. Relations Bd., 112 P.3d 623 (Cal. 2005). “(Gov. Code, § 3563.2, subd. (a); Pub. Util.”

Teamsters Local 2010 v. Regents of the Univ. of Cal. (Cal. Ct. App. 2019). “part of HEERA, provides, “The expression of any views, arguments, or opinions, or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute, or be evidence of, an unfair labor practice under any provision of this chapter, unless such…”

Palomar Health v. Nat. Nurses United (Cal. Ct. App. 2023). “) “In deciding whether something is an unfair labor practice, and whether PERB consequently has exclusive jurisdiction to hear a matter (Gov. Code, § 3563.2), we consider the underlying conduct on which the suit is based rather than a superficial reading of the pleadings.”

Marsh v. AFSCME Local 3299 (E.D. Cal. 2020). “11 Gov. Code § 3563.2. This jurisdiction extends to “[t]he initial 12 determination as to whether the charges of unfair practices are 13 justified, and, if so, what remedy is necessary to effectuate 14 the purposes of [the Act].”

(PS) Miller v. Sacramento City Unified Sch. Dist. (E.D. Cal. 2021). “4th at 212 (citing Cal. Gov. Code § 3563.2 ). A union’s breach of the duty 9 of fair representation “is listed as an unfair practice over which PERB has exclusive jurisdiction.”

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