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HomePublic Utilities CodeDiv. 10Pt. 15Ch. 6Art. 1§ 103406 Employee Dispute Factfinding Process

§ 103406 Employee Dispute Factfinding Process

Public Utilities Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 103406 Employee Dispute Factfinding Process

If the district and employee representatives can't agree to arbitrate a dispute, they must tell the State Conciliation Service, which then starts a process that leads to a fact‑finding commission being appointed by the Governor.

Key Takeaways

  • •If arbitration fails, the State Conciliation Service gets involved.
  • •The Service decides if the dispute can be settled; if not, it reports to the Governor.
  • •The Governor must appoint a three‑person fact‑finding commission within 10 days.
  • •The commission can issue subpoenas, investigate, and must report back within 30 days.
  • •For 30 days after the commission’s report, neither side can change the conditions that caused the dispute unless they both agree.

Example

A city’s public‑works department and the union that represents its workers can’t agree on how to settle a disagreement about overtime pay.

Because they can’t agree to arbitration, either side notifies the State Conciliation Service. The service checks if the dispute can be solved informally; if not, it tells the Governor, who picks a three‑person commission to investigate and report back.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 103406 Employee Dispute Factfinding Process

In the event the district and the representatives of the employees do not agree to submit any dispute to arbitration as provided in Section 103405, the State Conciliation Service may be notified by either party that a dispute exists and there is no agreement to arbitrate. Following such notification, the State Conciliation Service shall determine whether or not the dispute may be resolved by the parties and, if not, the issues concerning which the dispute exists. Upon such determination, the service shall certify its findings to the Governor of the State of California. The Governor shall, within 10 days of receipt of certification, appoint a factfinding commission consisting of three persons. The commission shall immediately convene and inquire into and investigate the issues in the dispute. The commission shall have authority to issue subpoenas for the attendance of witnesses and subpoenas duces tecum for the production of books, documents, and other records. Subpoenas shall be served and enforced in accordance with Chapter 2 (commencing with Section 1985), Title 3, Part 4 of the Code of Civil Procedure. The commission shall report to the Governor within 30 days of the date of its creation. After the creation of such a commission, and for 30 days after such commission has made its report to the Governor, no change, except by mutual agreement, shall be made by the parties to the controversy in the conditions out of which the dispute arose, and service to the public shall be provided. (Added by Stats. 1974, Ch. 502.)

Last verified: January 11, 2026

Key Terms

State Conciliation Servicefactfinding commissionGovernor

Related Statutes

  • § 100304 Mediation Request Procedures
  • § 100305 Binding Arbitration Dispute Resolution
  • § 103404 Public Employee Contract Mediation
  • § 103405 Public Employee Arbitration Process
  • § 120503 Labor Dispute Factfinding Process

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Public Utilities Code. Section 103406.
View Official Source