Section 3509.
Cal. Government Code - GOV § 3509.
in effect(a)
The powers and duties of the board described in Section 3541.3 shall also apply, as appropriate, to this chapter and shall include the authority as set forth in subdivisions (b) and (c). Included among the appropriate powers of the board are the power to order elections, to conduct any election the board orders, and to adopt rules to apply in areas where a public agency has no rule.
(b)
A complaint alleging any violation of this chapter or of any rules and regulations adopted by a public agency pursuant to Section 3507 or 3507.5 shall be processed as an unfair practice charge by the board. The initial determination as to whether the charge of unfair practice is justified and, if so, the
appropriate remedy necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the board, except that in an action to recover damages due to an unlawful strike, the board shall have no authority to award strike-preparation expenses as damages, and shall have no authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. The board shall apply and interpret unfair labor practices consistent with existing judicial interpretations of this chapter.
(c)
The board shall enforce and apply rules adopted by a public agency concerning unit determinations, representation, recognition, and elections.
(d)
Notwithstanding subdivisions (a) to (c), inclusive, the employee
relations commissions established by, and in effect for, the County of Los Angeles and the City of Los Angeles pursuant to Section 3507 shall have the power and responsibility to take
actions on recognition, unit determinations, elections, and all unfair practices, and to issue determinations and orders as the employee relations commissions deem necessary, consistent with and pursuant to the policies of this chapter.
(e)
(1)
Notwithstanding subdivisions (a) to (c), inclusive, in an action to recover damages due to an unlawful strike, the City of Los Angeles Employee Relations Board or the Los Angeles County Employee Relations Commission shall not do either of the following:
(A)
Award strike-preparation expenses as damages.
(B)
Award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike.
(2)
Notwithstanding subdivisions (a) to (c), inclusive, in an action involving the City of Los Angeles or the County of Los Angeles, the board has exclusive initial jurisdiction over a request for injunctive relief that seeks to enjoin organization by employees or employee activity that is arguably protected or prohibited by this chapter, including, but not limited to, a strike.
(f)
Notwithstanding subdivisions (a) to (c), inclusive, consistent with, and pursuant to, the provisions of Sections 3500 and 3505.4, superior courts shall have exclusive jurisdiction over actions involving interest arbitration, as governed by Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure, when the action involves an employee organization that represents firefighters, as defined in Section 3251.
(g)
This section shall not apply to employees designated as management employees under Section 3507.5.
(h)
The board shall not find it an unfair practice for an employee organization to violate a rule or regulation adopted by a public agency if that rule or regulation is itself in violation of this chapter. This subdivision shall not be construed
to restrict or expand the board’s jurisdiction or authority as set forth in subdivisions (a) to (c), inclusive.
References
referencesCal. Government Code - GOV § 3541.3.
referencesCal. Government Code - GOV § 3507.
referencesCal. Government Code - GOV § 3500.
referencesCal. Government Code - GOV § 1280.
referencesCal. Government Code - GOV § 3251.
referencesCal. Government Code - GOV § 3507.5.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026