1. (a) Where a Board decision orders only non-monetary remedies and it appears there is a controversy with respect to compliance with such Board order or court decree enforcing a Board order, and such controversy cannot be resolved without a formal proceeding, the regional director shall file and serve on all parties a compliance specification as described in subdivision (b) or a notice of hearing without a specification consistent with subdivision (d) of section 20292. The specification or notice of hearing shall be filed within 90 days after the Board's decision becomes final or within such further time as the Board may permit. The provisions of subdivisions (c), (d), and (e) of section 20290 regarding the filing of an answer to a compliance specification or notice of hearing and other applicable procedures shall apply in proceedings regarding compliance with non-monetary remedies ordered by the Board.
2. (b) With respect to allegations other than the amount of backpay or makewhole due, including, but not limited to, cease and desist orders, notice remedies, or bargaining orders not involving bargaining makewhole, the specification shall contain a detailed description of the respects in which the person named as respondent has failed to comply with the Board order or court decree, including the remedial acts claimed to be necessary for compliance by the respondent.
3. (c) Where a Board decision orders both monetary and non-monetary remedies, the regional director may include in a specification or notice of hearing without a specification as described in section 20292 allegations concerning compliance with the non-monetary remedies ordered by the Board. If the non-monetary remedies are not included in such proceedings, separate compliance proceedings concerning such non-monetary remedies may be initiated within 90 days after the Board's decision becomes final, or such further time as the Board may permit. A Board decision ordering the payment of monetary remedies is deemed final when the Board issues a determination of the specific amount of the monetary remedies following the initiation of compliance proceedings and no appeal is sought therefrom or when a reviewing court dismisses an employer's appeal or otherwise affirms the Board's decision.

Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1149.3, 1160.3, 1160.8 and 1160.11, Labor Code.

History

1. New section filed 9-20-91; operative 10-21-91 (Register 92, No. 4).

2. Repealer and new section filed 4-7-2025; operative 4-7-2025 pursuant to Government Code section 11343.4(b)(3) (Register 2025, No. 15).