Eric Cu

The public meeting commenced after the Board concluded a continuous closed session deliberating on docketed cases. Key discussions focused on newly enacted legislation, specifically the Transportation Network Company Drivers Labor Relations Act (AB 1340), for which a committee was formed to promulgate regulations, with a special meeting scheduled for November. Another focus was AB 288, which grants PERB jurisdiction over private sector unfair practices under certain NLRB inaction scenarios, also requiring regulation promulgation by a committee. Executive Staff Reports covered the hiring of a Deputy Executive Director, updates on several pieces of legislation (including AB 339 and AB 1510), the strategic integration of a $2 million one-time allocation into the operating budget to fund staffing and contracts for new legislative mandates, and staffing updates across divisions. The Division of Administrative Law reported on case processing metrics and the transition to Zoom for hearings. The State Mediation & Conciliation Service (SMCS) reported an influx of private sector cases due to reductions by the Federal Mediation and Conciliation Service (FMCS). Old Business included the approval to submit the rulemaking package for proposed electronic voting regulations to the Office of Administrative Law, including cost recovery provisions for parties.

The public meeting addressed the closure of the October 9th, 2025 Public Meeting after deliberation in continuous closed session. The Chair announced the cancellation of the December Public Meeting, rescheduling the next one for February 12th, 2026. The main New Business item involved considering the submission of a rulemaking package to the Office of Administrative Law regarding the Transportation Network Company Drivers Labor Relations Act (TNC Act). This package proposes establishing a new Chapter 11 in PERB's Regulations covering areas like proof of support and election procedures. Discussions included concerns raised by Uber, Lyft, and others regarding IT format and data safety, which were referred to IT Staff for analysis. There was also discussion about providing data related to the median number of riders and active TNC drivers upon request. Ultimately, a motion was adopted to refer the proposed regulations back to the subcommittee for updates, including working with IT staff to address the questions and comments received.

The agenda for this meeting includes the adoption of minutes from the October 9, 2025, and November 12, 2025 meetings, and a public comment period for issues not otherwise scheduled. Key discussion items involve Old Business, specifically requesting Board approval to initiate the formal rulemaking process for regulations implementing the Transportation Network Company Drivers Labor Relations Act (TNC Act) and regulations governing disability-related accommodation requests. New Business includes the announcement of the 2025 Employee Achievement awards. The Board also plans to recess to a continuous closed session to deliberate on cases, personnel matters, pending litigation, and requests for injunctive relief.

The meeting included reports from the Executive Director, Division of Administration, Office of the General Counsel, Division of Administrative Law, and State Mediation & Conciliation Service (SMCS) covering staffing updates, case processing statistics, and legislative updates. The Board discussed and approved the Case Processing Efficiency Initiative (CPEI) report and modifications to the LEERA regulations. Additionally, the Injunctive Relief Subcommittee's role was expanded. The meeting also touched on the impact of Federal Mediation and Conciliation Service (FMCS) reductions on SMCS caseload.

The meeting included public comments from attorneys regarding the agency's work on public sector striking and the SEIU Local 721 strike. Executive staff reports covered legislative updates, staffing, budget, IT security, and case processing statistics. The Board discussed a case processing efficiency initiative, electronic voting, and compensation for fact-finding panel chairpersons. The Board approved increasing the compensation rate for the chairperson.