Transportation
Transportation network company drivers: labor relations: appeals
AB 2682 creates a court-appeal and enforcement process for Public Employment Relations Board unfair-practice decisions involving transportation network company drivers.
TNC drivers, driver organizations, and companies can seek appellate-court review of final labor-practice rulings. The law also requires the board to pursue enforcement when an uncomplied-with final order is brought to its attention.
What the law does
- Allows an aggrieved charging party, respondent, or intervenor to seek extraordinary relief in a Court of Appeal from a final board decision or order in a TNC-driver unfair-practice case.
- Excludes board decisions declining to issue a complaint from appeal.
- Requires petitions within 30 days in the appellate district where the dispute occurred.
- Authorizes the court to enforce, modify, or set aside a board order, while treating factual findings supported by substantial evidence as conclusive.
- Allows the board, after the appeal deadline, to seek enforcement in a Court of Appeal or local superior court.
- Requires the board to explain within 10 days why it has not sought enforcement and to seek it on a party's request if the order remains uncomplied with.
Who it affects
- Transportation network company drivers and their labor organizations.
- Transportation network companies accused of, or seeking remedies for, unfair labor practices.
- Parties and intervenors in Public Employment Relations Board unfair-practice cases.
Context
The law applies to unfair-practice cases under the Transportation Network Company Drivers Labor Relations Act.