Statutes, codes, and regulations
California Code Of Regulations
Title 8 - Industrial RelationsDivision 3 - Public Employment Relations BoardChapter 1 - Public Employment Relations BoardSubchapter 4 - Decisions of the Board Itself
Article 5 - Request for Injunctive Relief
Section 32450 - Request

Cal. Code Regs. tit. 8 § 32450

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 32450 - Request
(a) A request from a party that the Board seek injunctive relief shall be filed with the General Counsel at the headquarters office. Requests filed after PERB's regular business hours shall be deemed filed on the next regular business day. The request shall include:
(1) The written request, accompanied by reasons stating why injunctive relief is appropriate;
(2) A copy of the unfair practice charge or complaint on which the request is based; and
(3) Declarations, on personal knowledge, setting forth in detail all pertinent facts underlying the request for injunctive relief.
(b) Service and proof of service on the respondent is required of all documents filed with the General Counsel. Under this section, service and proof of service shall be conducted pursuant to section 32140 except that service must be by personal delivery, facsimile transmission, or electronic mail.
(c) Notice that such a request is being made shall be provided no less than 24 hours prior to the filing to the General Counsel and the party against whom the relief is sought. Such notice may be by telephone or in person, or by any other means reasonably calculated to provide notice.
(d) An affidavit of notice shall be filed with the request. Such affidavit shall indicate to whom, at what time, and in what manner the notice required by subparagraph (c) above was accomplished.

Cal. Code Regs. Tit. 8, § 32450

Note: Authority cited: Sections 3509(a), 3513(h), 3524.52(a), 3541.3(g), 3551(a), 3555.5(c), 3563, 71639.1(b) and 71825(b), Government Code; and Sections 28849(b), 40122.1(a), 99561(f) and 102399(b), Public Utilities Code. Reference: Sections 3509, 3513(h), 3524.52(a), 3551(a), 3555.5(c), 3541.3(j), 3541.3(n), 3563(i), 71639.1 and 71825, Government Code; and Sections 28849(b), 40122.1(a), 99561(i) and 102399(b), Public Utilities Code.

Note: Authority cited: Sections 3509(a), 3513(h), 3524.52(a), 3541.3(g), 3551(a), 3555.5(c), 3563, 71639.1(b) and 71825(b), Government Code; and Section 99561(f), Public Utilities Code. Reference: Sections 3509, 3513(h), 3524.52(a), 3551(a), 3555.5(c), 3541.3(j), 3541.3(n), 3563(i), 71639.1 and 71825, Government Code; and Section 99561(i), Public Utilities Code.

1. Repealer of article 4 (sections 32450 and 32455) and new article 4 (sections 32450-32470, not consecutive) filed 9-20-82; effective upon filing pursuant to Government Code section 11346.2(d) (Register 82, No. 39). For prior history, see Registers 80, No. 25; 79, No. 35; 79, No. 21, and 78, No. 42.
2. Amendment of subsections (a), (b) and (c) filed 8-28-91; operative 9-27-91 (Register 91, No. 51).
3. Renumbering of former article 5 to article 6, renumbering of former article 4 to new article 5 and amendment of subsections (a) and (b) filed 1-8-99; operative 2-7-99 (Register 99, No. 2).
4. Amendment of subsection (a) filed 4-12-2000; operative 5-12-2000 (Register 2000, No. 15).
5. Amendment of Note filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-11-2001 order transmitted to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
7. Amendment of Note filed 2-2-2004 as an emergency; operative 2-2-2004 (Register 2004, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-1-2004 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
9. Amendment of Note filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004, No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004 or emergency language will be repealed by operation of law on the following day.
10. Amendment of Note refiled 12-27-2004 as an emergency; operative 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be transmitted to OAL by 4-28-2005 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005 (Register 2005, No. 22).
12. Amendment of subsection (b) filed 4-11-2006; operative 5-11-2006 (Register 2006, No. 15).
13. Amendment of subsections (a), (a)(2) and (b) filed 3-18-2013; operative 7-1-2013 (Register 2013, No. 12).
14. Amendment of Note filed 12-6-2013 as an emergency; operative 12-6-2013 pursuant to Government Code section 110035.5 (Register 2013, No. 51). This regulatory action is deemed an emergency exempt from OAL review and was filed directly by the agency with the Secretary of State pursuant to Government Code section 110035.5. A Certificate of Compliance must be transmitted to OAL by 6-4-2014 or emergency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 12-6-2013 order transmitted to OAL 5-29-2014 and filed 7/10/2014 (Register 2014, No. 28).
16. Change without regulatory effect amending Note filed 5-8-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 19).
17. Amendment of Note filed 12-27-2019; operative 4/1/2020 (Register 2019, No. 52).
18. Amendment of subsection (a) filed 1-14-2021; operative 2/15/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 3).
19. Amendment of Note filed 4-18-2023; operative 7/1/2023 (Register 2023, No. 16).
20. Amendment of NOTE filed 6-5-2024; operative 10/1/2024 (Register 2024, No. 23).