Government Code — Part 50 | GOV — United States — California law | Esheria

Government Code

Part 50 of 107 · provisions 9,801–10,000

This act is named the Government Code.

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This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

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Provisions of Government Code

Showing 200 of 21,333

  1. 34901.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 3. Elective Mayor [34900 - 34906] ( Heading of Article 3 renumbered from Article 5 by Stats. 1979, Ch. 546. )

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    Ballot questions for an elective-mayor election must be printed in substantially the stated form, and the mayor’s term is the one preferred by a majority of voters on the proposition.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 3. Elective Mayor [34900 - 34906] ( Heading of Article 3 renumbered from Article 5 by Stats. 1979, Ch. 546. ) ## 34901. The questions shall be printed on the ballots used at the election in substantially the following form: “Shall the electors elect a mayor and four city council members?” “Shall the term of office of mayor be two years?” “Shall the term of office of mayor be four years?” The words “Yes” and “No” and “two years” and “four years” shall be so printed on the ballots that the voters may express their choice. The term of office of mayor shall be that preferred by a majority of those voting on the proposition. (Amended by Stats. 2010, Ch. 699, Sec. 10. (SB 894) Effective January 1, 2011.)
  2. 34902.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 3. Elective Mayor [34900 - 34906] ( Heading of Article 3 renumbered from Article 5 by Stats. 1979, Ch. 546. )

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    The city council may ask voters whether to eliminate an elective mayor, and it must fill a mayoral vacancy by appointment or call an election if the vacancy is not filled within 60 days.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 3. Elective Mayor [34900 - 34906] ( Heading of Article 3 renumbered from Article 5 by Stats. 1979, Ch. 546. ) ## 34902. (a) If a majority of the votes cast on the proposition is for it, the office of mayor shall thereafter be an elective office, except as provided in subdivision (b). At the next succeeding general municipal election held in the city, one of the offices of city councilperson, to be filled at the election, shall be designated as the office of mayor, to be filled at the election. The person elected at the election as mayor shall hold office from the Tuesday succeeding his or her election, and until his or her successor is elected and qualifies. In the case of a vacancy in the office of the mayor for any reason, the council shall fill the vacancy by appointment. If the council fails to fill it within 60 days, it shall call an election to fill the vacancy to be held on the next established election date to be held not less than 114 days thereafter. A person appointed or elected to fill a vacancy shall hold office for the unexpired term of the former incumbent. (b) After an office of elective mayor has been established, the city council may subsequently submit to the electors the question of whether or not to eliminate the elective office of mayor, pursuant to the procedures enumerated in this article, and thereby reestablish the procedure of selection of the mayor by the city council. If a majority of the votes cast on the proposition are in favor of the elimination of the office of elective mayor, the office shall be eliminated on the expiration date of the incumbent’s term, and on the date the procedure of selection of the mayor by the city council shall be reestablished. (Amended by Stats. 2010, Ch. 38, Sec. 7. (AB 1668) Effective January 1, 2011.)
  3. 34903.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 3. Elective Mayor [34900 - 34906] ( Heading of Article 3 renumbered from Article 5 by Stats. 1979, Ch. 546. )

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    The mayor is treated as a city council member and has the same powers and duties.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 3. Elective Mayor [34900 - 34906] ( Heading of Article 3 renumbered from Article 5 by Stats. 1979, Ch. 546. ) ## 34903. The mayor is a member of the city council and has all of the powers and duties of a member of the city council. (Added by Stats. 1959, Ch. 1571.)
  4. 34904.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 3. Elective Mayor [34900 - 34906] ( Heading of Article 3 renumbered from Article 5 by Stats. 1979, Ch. 546. )

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    A person may not serve as mayor unless the person is an elector of the city when taking office and was a registered voter of the city when nomination papers were issued.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 3. Elective Mayor [34900 - 34906] ( Heading of Article 3 renumbered from Article 5 by Stats. 1979, Ch. 546. ) ## 34904. A person is not eligible to hold office as mayor unless he or she is at the time of assuming that office an elector of the city, and was a registered voter of the city at the time nomination papers are issued to the candidate as provided for in Section 10227 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 70. Effective January 1, 1995.)
  5. 34905.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 3. Elective Mayor [34900 - 34906] ( Heading of Article 3 renumbered from Article 5 by Stats. 1979, Ch. 546. )

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    A mayor pro tempore must be chosen using the method set out in Section 36801.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 3. Elective Mayor [34900 - 34906] ( Heading of Article 3 renumbered from Article 5 by Stats. 1979, Ch. 546. ) ## 34905. A mayor pro tempore shall be chosen in the manner provided by Section 36801. (Added by Stats. 1959, Ch. 1571.)
  6. 34906.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 3. Elective Mayor [34900 - 34906] ( Heading of Article 3 renumbered from Article 5 by Stats. 1979, Ch. 546. )

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    If a city has an elected mayor and its council terms are not evenly staggered, the city council may one time set one council office to a two-year term before nomination papers are circulated. After that, future general municipal elections use four-year terms for council members, except the mayor if the mayor has a two-year term.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 3. Elective Mayor [34900 - 34906] ( Heading of Article 3 renumbered from Article 5 by Stats. 1979, Ch. 546. ) ## 34906. Notwithstanding Section 36503, if a city has an elected mayor and the election of the remaining members of the city council for four-year terms is not evenly staggered, the city council may, on a one-time basis only and prior to the first day for circulating nomination papers for the general municipal election, designate one of the city council offices appearing on the general municipal ballot, other than the office of the mayor, to serve a two-year term, or may provide that of the city council offices appearing on the general municipal ballot, other than the office of the mayor, the one which receives the least votes of those elected (or if there is a tie for such a position, as decided by lot) shall serve a two-year term. At all subsequent general municipal elections, each member of the city council elected at such election, other than the mayor if the mayor has a two-year term, shall be elected to serve a four-year term. (Amended by Stats. 1980, Ch. 732.)
  7. 3500.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

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    This section states the chapter’s purpose: to improve communication and dispute resolution between public employers and employees, and to support employee representation in public agencies.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3500. (a) It is the purpose of this chapter to promote full communication between public employers and their employees by providing a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment between public employers and public employee organizations. It is also the purpose of this chapter to promote the improvement of personnel management and employer-employee relations within the various public agencies in the State of California by providing a uniform basis for recognizing the right of public employees to join organizations of their own choice and be represented by those organizations in their employment relationships with public agencies. Nothing contained herein shall be deemed to supersede the provisions of existing state law and the charters, ordinances, and rules of local public agencies that establish and regulate a merit or civil service system or which provide for other methods of administering employer-employee relations nor is it intended that this chapter be binding upon those public agencies that provide procedures for the administration of employer-employee relations in accordance with the provisions of this chapter. This chapter is intended, instead, to strengthen merit, civil service and other methods of administering employer-employee relations through the establishment of uniform and orderly methods of communication between employees and the public agencies by which they are employed. (b) The Legislature finds and declares that the duties and responsibilities of local agency employer representatives under this chapter are substantially similar to the duties and responsibilities required under existing collective bargaining enforcement procedures and therefore the costs incurred by the local agency employer representatives in performing those duties and responsibilities under this chapter are not reimbursable as state-mandated costs. (Amended by Stats. 2000, Ch. 901, Sec. 1. Effective January 1, 2001.)
  8. 3500.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

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    This chapter may be cited as the “Meyers-Milias-Brown Act.”

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3500.5. This chapter shall be known and may be cited as the “Meyers-Milias-Brown Act.” (Added by renumbering Section 3510 by Stats. 2000, Ch. 901, Sec. 9. Effective January 1, 2001.)
  9. 3501.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

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    This section defines key terms used in the chapter, including employee organization, recognized employee organization, public agency, public employee, mediation, and board.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3501. As used in this chapter: (a) “Employee organization” means either of the following: (1) Any organization that includes employees of a public agency and that has as one of its primary purposes representing those employees in their relations with that public agency. (2) Any organization that seeks to represent employees of a public agency in their relations with that public agency. (b) “Recognized employee organization” means an employee organization which has been formally acknowledged by the public agency as an employee organization that represents employees of the public agency. (c) Except as otherwise provided in this subdivision, “public agency” means every governmental subdivision, every district, every public and quasi-public corporation, every public agency and public service corporation and every town, city, county, city and county and municipal corporation, whether incorporated or not and whether chartered or not. As used in this chapter, “public agency” does not mean a school district or a county board of education or a county superintendent of schools or a personnel commission in a school district having a merit system as provided in Chapter 5 (commencing with Section 45100) of Part 25 and Chapter 4 (commencing with Section 88000) of Part 51 of the Education Code or the State of California. (d) “Public employee” means any person employed by any public agency, including employees of the fire departments and fire services of counties, cities, cities and counties, districts, and other political subdivisions of the state, excepting those persons elected by popular vote or appointed to office by the Governor of this state. (e) “Mediation” means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours and other terms and conditions of employment between representatives of the public agency and the recognized employee organization or recognized employee organizations through interpretation, suggestion and advice. (f) “Board” means the Public Employment Relations Board established pursuant to Section 3541. (Amended by Stats. 2003, Ch. 215, Sec. 2. Effective January 1, 2004.)
  10. 3501.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

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    In this chapter, “public agency” does not include a superior court.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3501.5. As used in this chapter, “public agency” does not mean a superior court. (Amended by Stats. 2002, Ch. 784, Sec. 123. Effective January 1, 2003.)
  11. 3502.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

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    Public employees have the right to form, join, and take part in employee organizations of their choice, to refuse to join or participate, and to represent themselves individually in employment relations, unless the Legislature provides otherwise.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3502. Except as otherwise provided by the Legislature, public employees shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Public employees also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the public agency. (Added by Stats. 1961, Ch. 1964.)
  12. 3502.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

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    Public employees are protected from punitive action, denial of promotion, or threats of either because they lawfully act as employee bargaining-unit representatives.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3502.1. No public employee shall be subject to punitive action or denied promotion, or threatened with any such treatment, for the exercise of lawful action as an elected, appointed, or recognized representative of any employee bargaining unit. (Added by Stats. 2001, Ch. 788, Sec. 1. Effective January 1, 2002.)
  13. 3502.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

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    A public agency must report vacancies and recruitment/retention efforts at a public hearing before the governing board at least once each fiscal year, and in some cases before final budget adoption.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3502.3. (a) (1) A public agency shall present the status of vacancies and recruitment and retention efforts during a public hearing before the governing board at least once per fiscal year. (2) If the governing board will be adopting an annual or multiyear budget during the fiscal year, the presentation shall be made prior to the adoption of the final budget. (3) During the hearing, the public agency shall identify any necessary changes to policies, procedures, and recruitment activities that may lead to obstacles in the hiring process. (b) The recognized employee organization for a bargaining unit shall be entitled to make a presentation at the public hearing at which the public agency presents the status of vacancies and recruitment and retention efforts for positions within that bargaining unit. (c) If the number of job vacancies within a single bargaining unit meets or exceeds 20 percent of the total number of authorized full-time positions, the public agency shall, upon request of the recognized employee organization, include all of the following information during the public hearing: (1) The total number of job vacancies within the bargaining unit. (2) The total number of applicants for vacant positions within the bargaining unit. (3) The average number of days to complete the hiring process from when a position is posted. (4) Opportunities to improve compensation and other working conditions. (d) This section shall not prevent the governing board from holding additional public hearings about vacancies. (e) The provisions of this section are severable. If any provision of this section or its application is held invalid, the invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (f) For purposes of this section, “recognized employee organization” has the same meaning as defined in subdivision (a) of Section 3501. (Added by Stats. 2024, Ch. 409, Sec. 2. (AB 2561) Effective January 1, 2025.)
  14. 3502.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

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    This section allows agency shop agreements for certain public employee organizations and sets rules for how they can be adopted, rescinded, exempted, and reported on.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3502.5. (a) Notwithstanding Section 3502, any other provision of this chapter, or any other law, rule, or regulation, an agency shop agreement may be negotiated between a public agency and a recognized public employee organization that has been recognized as the exclusive or majority bargaining agent pursuant to reasonable rules and regulations, ordinances, and enactments, in accordance with this chapter. As used in this chapter, “agency shop” means an arrangement that requires an employee, as a condition of continued employment, either to join the recognized employee organization or to pay the organization a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of the organization. (b) In addition to the procedure prescribed in subdivision (a), an agency shop arrangement between the public agency and a recognized employee organization that has been recognized as the exclusive or majority bargaining agent shall be placed in effect, without a negotiated agreement, upon (1) a signed petition of 30 percent of the employees in the applicable bargaining unit requesting an agency shop agreement and an election to implement an agency fee arrangement, and (2) the approval of a majority of employees who cast ballots and vote in a secret ballot election in favor of the agency shop agreement. The petition may be filed only after the recognized employee organization has requested the public agency to negotiate on an agency shop arrangement and, beginning seven working days after the public agency received this request, the two parties have had 30 calendar days to attempt good faith negotiations in an effort to reach agreement. An election that may not be held more frequently than once a year shall be conducted by the California State Mediation and Conciliation Service in the event that the public agency and the recognized employee organization cannot agree within 10 days from the filing of the petition to select jointly a neutral person or entity to conduct the election. In the event of an agency fee arrangement outside of an agreement that is in effect, the recognized employee organization shall indemnify and hold the public agency harmless against any liability arising from a claim, demand, or other action relating to the public agency’s compliance with the agency fee obligation. (c) An employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support a public employee organization as a condition of employment. The employee may be required, in lieu of periodic dues, initiation fees, or agency shop fees, to pay sums equal to the dues, initiation fees, or agency shop fees to a nonreligious, nonlabor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the employee from a list of at least three of these funds, designated in a memorandum of understanding between the public agency and the public employee organization, or if the memorandum of understanding fails to designate the funds, then to a fund of that type chosen by the employee. Proof of the payments shall be made on a monthly basis to the public agency as a condition of continued exemption from the requirement of financial support to the public employee organization. (d) An agency shop provision in a memorandum of understanding that is in effect may be rescinded by a majority vote of all the employees in the unit covered by the memorandum of understanding, provided that: (1) a request for that type of vote is supported by a petition containing the signatures of at least 30 percent of the employees in the unit, (2) the vote is by secret ballot, and (3) the vote may be taken at any time during the term of the memorandum of understanding, but in no event shall there be more than one vote taken during that term. Notwithstanding the above, the public agency and the recognized employee organization may negotiate, and by mutual agreement provide for, an alternative procedure or procedures regarding a vote on an agency shop agreement. The procedures in this subdivision are also applicable to an agency shop agreement placed in effect pursuant to subdivision (b). (e) An agency shop arrangement shall not apply to management employees. (f) A recognized employee organization that has agreed to an agency shop provision or is a party to an agency shop arrangement shall keep an adequate itemized record of its financial transactions and shall make available annually, to the public agency with which the agency shop provision was negotiated, and to the employees who are members of the organization, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. An employee organization required to file financial reports under the federal Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. Sec. 401 et seq.) covering employees governed by this chapter, or required to file financial reports under Section 3546.5, may satisfy the financial reporting requirement of this section by providing the public agency with a copy of the financial reports. (Amended by Stats. 2012, Ch. 46, Sec. 4. (SB 1038) Effective June 27, 2012.)
  15. 3503.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

    Verify source ↗

    Recognized employee organizations may represent their members, set reasonable membership rules, and allow employees to speak for themselves in dealings with a public agency.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3503. Recognized employee organizations shall have the right to represent their members in their employment relations with public agencies. Employee organizations may establish reasonable restrictions regarding who may join and may make reasonable provisions for the dismissal of individuals from membership. Nothing in this section shall prohibit any employee from appearing in his own behalf in his employment relations with the public agency. (Amended by Stats. 1968, Ch. 1390.)
  16. 3503.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

    Verify source ↗

    In certain employee representation proceedings, the recognized employee organization may charge the employee the reasonable cost of that representation.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3503.1. If an employee covered by Chapter 9.6 (commencing with Section 3250) holds a conscientious objection described in subdivision (c) of Section 3502.5 or declines membership in the recognized employee organization and requests individual representation in a discipline, grievance, arbitration, or administrative hearing from the recognized employee organization, the recognized employee organization may charge the employee for the reasonable cost of the representation. This section applies only to the above proceedings where the recognized employee organization does not exclusively control the process. (Added by Stats. 2022, Ch. 412, Sec. 1. (AB 2556) Effective January 1, 2023.)
  17. 3503.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

    Verify source ↗

    A recognized employee organization may charge an employee the reasonable cost of representation in certain proceedings if the employee meets the stated conditions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3503.2. If an employee covered by Chapter 9.7 (commencing with Section 3300) holds a conscientious objection described in subdivision (c) of Section 3502.5 or declines membership in the recognized employee organization and requests individual representation in a discipline, grievance, arbitration, or administrative hearing from the recognized employee organization, the recognized employee organization may charge the employee for the reasonable cost of the representation. This section applies only to the above proceedings where the recognized employee organization does not exclusively control the process. (Added by Stats. 2024, Ch. 57, Sec. 1. (AB 1941) Effective January 1, 2025.)
  18. 3504.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

    Verify source ↗

    The provision defines the scope of representation to include employment conditions and employer-employee relations, such as wages and hours, but excludes consideration of the merits, necessity, or organization of services or activities provided by law or executive order.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3504. The scope of representation shall include all matters relating to employment conditions and employer-employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment, except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order. (Amended by Stats. 1968, Ch. 1390.)
  19. 3504.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

    Verify source ↗

    Some public agencies must give the recognized employee organization at least 45 days’ written notice before certain contracting actions, unless an emergency or exigent circumstance makes that impossible.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3504.1. (a) Except as provided in subdivision (c), the governing body of a public agency, and boards and commissions designated by law or by the governing body of a public agency, shall give the recognized employee organization no less than 45 days’ written notice before issuing a request for proposals, request for quotes, or renewing or extending an existing contract, to perform services that are within the scope of work of the job classifications represented by the recognized employee organization. (b) The written notice specified in subdivision (a) shall include all of the following: (1) The anticipated duration of the contract. (2) The scope of work under the contract. (3) The anticipated cost of the contract. (4) The draft solicitation, or if not yet drafted, any information that would normally be included in a solicitation. (5) The reason the public agency believes the contract is necessary. (c) If an emergency or other exigent circumstance prevents the public agency from providing the amount of notice required by subdivision (a), the public agency shall provide as much advance notice as is practicable under the circumstances. (d) This section does not apply to any of the following contracts: (1) A contract for construction, alteration, demolition, installation, repair, or maintenance work that is subject to Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code or a contract for highly specialized data, software, or services related to that construction, alteration, demolition, installation, repair, or maintenance work. (2) A contract for services described in Section 4525 or 4529.10 or that is related to the planning, design, administration, oversight, review, or delivery of public works, residential, commercial, or industrial buildings, or other infrastructure projects subject to adopted uniform codes or standards. (e) (1) Nothing in this section exempts contracts from the notice, meet and confer, or other requirements of applicable laws, including this chapter. (2) This section shall not be interpreted to affect other bargaining rights and obligations under this chapter that were not created by this section. (3) This section shall not diminish any rights of an employee or recognized employee organization provided by a memorandum of understanding. (4) This section shall not invalidate any provision of a memorandum of understanding in effect on the operative date of this section. (Added by Stats. 2025, Ch. 687, Sec. 1. (AB 339) Effective January 1, 2026.)
  20. 3504.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

    Verify source ↗

    Public agency governing bodies must give recognized employee organizations written notice and a chance to meet before adopting covered measures, except in emergencies; in emergencies, notice and a meeting opportunity must be provided as soon as practicable after adoption.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3504.5. (a) Except in cases of emergency as provided in this section, the governing body of a public agency, and boards and commissions designated by law or by the governing body of a public agency, shall give reasonable written notice to each recognized employee organization affected of any ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the governing body or the designated boards and commissions and shall give the recognized employee organization the opportunity to meet with the governing body or the boards and commissions. (b) In cases of emergency when the governing body or the designated boards and commissions determine that an ordinance, rule, resolution, or regulation must be adopted immediately without prior notice or meeting with a recognized employee organization, the governing body or the boards and commissions shall provide notice and opportunity to meet at the earliest practicable time following the adoption of the ordinance, rule, resolution, or regulation. (c) The governing body of a public agency with a population in excess of 4,000,000, or the boards and commissions designated by the governing body of such a public agency shall not discriminate against employees by removing or disqualifying them from a health benefit plan, or otherwise restricting their ability to participate in a health benefit plan, on the basis that the employees have selected or supported a recognized employee organization. Nothing in this section shall be construed to prohibit the governing body of a public agency or the board or commission of a public agency and a recognized employee organization from agreeing to health benefit plan enrollment criteria or eligibility limitations. (Amended by Stats. 2002, Ch. 1041, Sec. 1. Effective January 1, 2003. Applicable from July 1, 2001, pursuant to Sec. 2 of Ch. 1041.)
  21. 3505.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

    Verify source ↗

    Public agencies and their designated representatives must meet and confer in good faith with recognized employee organizations about wages, hours, and other employment conditions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3505. The governing body of a public agency, or such boards, commissions, administrative officers or other representatives as may be properly designated by law or by such governing body, shall meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of such recognized employee organizations, as defined in subdivision (b) of Section 3501, and shall consider fully such presentations as are made by the employee organization on behalf of its members prior to arriving at a determination of policy or course of action. “Meet and confer in good faith” means that a public agency, or such representatives as it may designate, and representatives of recognized employee organizations, shall have the mutual obligation personally to meet and confer promptly upon request by either party and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on matters within the scope of representation prior to the adoption by the public agency of its final budget for the ensuing year. The process should include adequate time for the resolution of impasses where specific procedures for such resolution are contained in local rule, regulation, or ordinance, or when such procedures are utilized by mutual consent. (Amended by Stats. 1971, Ch. 1676.)
  22. 3505.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

    Verify source ↗

    If a tentative agreement is reached, the governing body must vote to accept or reject it within 30 days of first considering it at a duly noticed public meeting.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3505.1. If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding. (Amended by Stats. 2013, Ch. 785, Sec. 1. (AB 537) Effective January 1, 2014.)
  23. 3505.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

    Verify source ↗

    If the public agency and the recognized employee organization cannot reach agreement after a reasonable time, they may jointly agree on a mutually acceptable mediator. Mediation costs must be split equally.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3505.2. If after a reasonable period of time, representatives of the public agency and the recognized employee organization fail to reach agreement, the public agency and the recognized employee organization or recognized employee organizations together may agree upon the appointment of a mediator mutually agreeable to the parties. Costs of mediation shall be divided one-half to the public agency and one-half to the recognized employee organization or recognized employee organizations. (Added by Stats. 1968, Ch. 1390.)
  24. 3505.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

    Verify source ↗

    Public agencies must give a reasonable amount of paid time off to certain employee representatives for listed representation activities, and the employee organization must give reasonable notice to the employer.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3505.3. (a) Public agencies shall allow a reasonable number of public agency employee representatives of recognized employee organizations reasonable time off without loss of compensation or other benefits when they are participating in any one of the following activities: (1) Formally meeting and conferring with representatives of the public agency on matters within the scope of representation. (2) Testifying or appearing as the designated representative of the employee organization in conferences, hearings, or other proceedings before the board, or an agent thereof, in matters relating to a charge filed by the employee organization against the public agency or by the public agency against the employee organization. (3) Testifying or appearing as the designated representative of the employee organization in matters before a personnel or merit commission. (b) The employee organization being represented shall provide reasonable notification to the employer requesting a leave of absence without loss of compensation pursuant to subdivision (a). (c) For the purposes of this section, “designated representative” means an officer of the employee organization or a member serving in proxy of the employee organization. (Amended by Stats. 2013, Ch. 305, Sec. 1. (AB 1181) Effective January 1, 2014.)
  25. 3505.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

    Verify source ↗

    An employee organization may ask for factfinding after mediation timing rules are met, and if no mediation happened it may ask within 30 days after an impasse notice. The parties and the board must then select panel members and a chairperson on short deadlines, and the panel can meet, investigate, hold hearings, and issue subpoenas.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3505.4. (a) The employee organization may request that the parties’ differences be submitted to a factfinding panel not sooner than 30 days, but not more than 45 days, following the appointment or selection of a mediator pursuant to the parties’ agreement to mediate or a mediation process required by a public agency’s local rules. If the dispute was not submitted to mediation, an employee organization may request that the parties’ differences be submitted to a factfinding panel not later than 30 days following the date that either party provided the other with a written notice of a declaration of impasse. Within five days after receipt of the written request, each party shall select a person to serve as its member of the factfinding panel. The Public Employment Relations Board shall, within five days after the selection of panel members by the parties, select a chairperson of the factfinding panel. (b) Within five days after the board selects a chairperson of the factfinding panel, the parties may mutually agree upon a person to serve as chairperson in lieu of the person selected by the board. (c) The panel shall, within 10 days after its appointment, meet with the parties or their representatives, either jointly or separately, and may make inquiries and investigations, hold hearings, and take any other steps it deems appropriate. For the purpose of the hearings, investigations, and inquiries, the panel shall have the power to issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence. Any state agency, as defined in Section 11000, the California State University, or any political subdivision of the state, including any board of education, shall furnish the panel, upon its request, with all records, papers, and information in their possession relating to any matter under investigation by or in issue before the panel. (d) In arriving at their findings and recommendations, the factfinders shall consider, weigh, and be guided by all the following criteria: (1) State and federal laws that are applicable to the employer. (2) Local rules, regulations, or ordinances. (3) Stipulations of the parties. (4) The interests and welfare of the public and the financial ability of the public agency. (5) Comparison of the wages, hours, and conditions of employment of the employees involved in the factfinding proceeding with the wages, hours, and conditions of employment of other employees performing similar services in comparable public agencies. (6) The consumer price index for goods and services, commonly known as the cost of living. (7) The overall compensation presently received by the employees, including direct wage compensation, vacations, holidays, and other excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received. (8) Any other facts, not confined to those specified in paragraphs (1) to (7), inclusive, which are normally or traditionally taken into consideration in making the findings and recommendations. (e) The procedural right of an employee organization to request a factfinding panel cannot be expressly or voluntarily waived. (Amended by Stats. 2012, Ch. 314, Sec. 1. (AB 1606) Effective January 1, 2013.)
  26. 3505.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

    Verify source ↗

    If a dispute is still unsettled after 30 days, the factfinding panel must issue findings and recommended settlement terms, and the public agency must publish them within 10 days of receiving them.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3505.5. (a) If the dispute is not settled within 30 days after the appointment of the factfinding panel, or, upon agreement by both parties within a longer period, the panel shall make findings of fact and recommend terms of settlement, which shall be advisory only. The factfinders shall submit, in writing, any findings of fact and recommended terms of settlement to the parties before they are made available to the public. The public agency shall make these findings and recommendations publicly available within 10 days after their receipt. (b) The costs for the services of the panel chairperson selected by the board, including per diem fees, if any, and actual and necessary travel and subsistence expenses, shall be equally divided between the parties. (c) The costs for the services of the panel chairperson agreed upon by the parties shall be equally divided between the parties, and shall include per diem fees, if any, and actual and necessary travel and subsistence expenses. The per diem fees shall not exceed the per diem fees stated on the chairperson’s résumé on file with the board. The chairperson’s bill showing the amount payable by the parties shall accompany his or her final report to the parties and the board. The chairperson may submit interim bills to the parties in the course of the proceedings, and copies of the interim bills shall also be sent to the board. The parties shall make payment directly to the chairperson. (d) Any other mutually incurred costs shall be borne equally by the public agency and the employee organization. Any separately incurred costs for the panel member selected by each party shall be borne by that party. (e) A charter city, charter county, or charter city and county with a charter that has a procedure that applies if an impasse has been reached between the public agency and a bargaining unit, and the procedure includes, at a minimum, a process for binding arbitration, is exempt from the requirements of this section and Section 3505.4 with regard to its negotiations with a bargaining unit to which the impasse procedure applies. (Added by Stats. 2011, Ch. 680, Sec. 3. (AB 646) Effective January 1, 2012.)
  27. 3505.7.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

    Verify source ↗

    A public agency may implement its last, best, and final offer after the stated impasse procedures and hearing, but it may not implement a memorandum of understanding.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3505.7. After any applicable mediation and factfinding procedures have been exhausted, but no earlier than 15 days after the factfinders’ written findings of fact and recommended terms of settlement have been submitted to the parties pursuant to Section 3505.5, a public agency that is not required to proceed to interest arbitration may, after holding a public hearing regarding the impasse, implement its last, best, and final offer, but shall not implement a memorandum of understanding. The unilateral implementation of a public agency’s last, best, and final offer shall not deprive a recognized employee organization of the right each year to meet and confer on matters within the scope of representation, whether or not those matters are included in the unilateral implementation, prior to the adoption by the public agency of its annual budget, or as otherwise required by law. (Amended by Stats. 2022, Ch. 412, Sec. 2. (AB 2556) Effective January 1, 2023.)
  28. 3505.8.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

    Verify source ↗

    This section makes arbitration agreements in covered memoranda of understanding enforceable, sends procedural defenses to the arbitrator, and limits courts from refusing arbitration based on untimeliness or an alleged unfair practice issue.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3505.8. An arbitration agreement contained in a memorandum of understanding entered into under this chapter shall be enforceable in an action brought pursuant to Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure. An assertion that the arbitration claim is untimely or otherwise barred because the party seeking arbitration has failed to satisfy the procedural prerequisites to arbitration shall not be a basis for refusing to submit the dispute to arbitration. All procedural defenses shall be presented to the arbitrator for resolution. A court shall not refuse to order arbitration because a party to the memorandum of understanding contends that the conduct in question arguably constitutes an unfair practice subject to the jurisdiction of the board. If a party to a memorandum of understanding files an unfair practice charge based on such conduct, the board shall place the charge in abeyance if the dispute is subject to final and binding arbitration pursuant to the memorandum of understanding, and shall dismiss the charge at the conclusion of the arbitration process unless the charging party demonstrates that the settlement or arbitration award is repugnant to the purposes of this chapter. (Added by Stats. 2013, Ch. 785, Sec. 2. (AB 537) Effective January 1, 2014.)
  29. 3506.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

    Verify source ↗

    Public agencies and employee organizations must not interfere with, intimidate, restrain, coerce, or discriminate against public employees because they exercise rights under Section 3502.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3506. Public agencies and employee organizations shall not interfere with, intimidate, restrain, coerce or discriminate against public employees because of their exercise of their rights under Section 3502. (Added by Stats. 1961, Ch. 1964.)
  30. 3506.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

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    A public agency must not retaliate against employees, interfere with employee rights, deny rights to employee organizations, refuse to bargain in good faith, dominate employee organizations, or refuse good-faith impasse participation.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3506.5. A public agency shall not do any of the following: (a) Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by this chapter. (b) Deny to employee organizations the rights guaranteed to them by this chapter. (c) Refuse or fail to meet and negotiate in good faith with a recognized employee organization. For purposes of this subdivision, knowingly providing a recognized employee organization with inaccurate information regarding the financial resources of the public employer, whether or not in response to a request for information, constitutes a refusal or failure to meet and negotiate in good faith. (d) Dominate or interfere with the formation or administration of any employee organization, contribute financial or other support to any employee organization, or in any way encourage employees to join any organization in preference to another. (e) Refuse to participate in good faith in an applicable impasse procedure. (Added by Stats. 2011, Ch. 271, Sec. 2. (AB 195) Effective January 1, 2012.)
  31. 3507.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

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    A public agency may adopt reasonable labor-relations rules after good-faith consultation with recognized employee organizations, and it may not unreasonably withhold recognition of employee organizations.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3507. (a) A public agency may adopt reasonable rules and regulations after consultation in good faith with representatives of a recognized employee organization or organizations for the administration of employer-employee relations under this chapter. The rules and regulations may include provisions for all of the following: (1) Verifying that an organization does in fact represent employees of the public agency. (2) Verifying the official status of employee organization officers and representatives. (3) Recognition of employee organizations. (4) Exclusive recognition of employee organizations formally recognized pursuant to a vote of the employees of the agency or an appropriate unit thereof, subject to the right of an employee to represent himself or herself as provided in Section 3502. (5) Additional procedures for the resolution of disputes involving wages, hours and other terms and conditions of employment. (6) Access of employee organization officers and representatives to work locations. (7) Use of official bulletin boards and other means of communication by employee organizations. (8) Furnishing nonconfidential information pertaining to employment relations to employee organizations. (9) Any other matters that are necessary to carry out the purposes of this chapter. (b) Exclusive recognition of employee organizations formally recognized as majority representatives pursuant to a vote of the employees may be revoked by a majority vote of the employees only after a period of not less than 12 months following the date of recognition. (c) No public agency shall unreasonably withhold recognition of employee organizations. (d) Employees and employee organizations shall be able to challenge a rule or regulation of a public agency as a violation of this chapter. This subdivision shall not be construed to restrict or expand the board’s jurisdiction or authority as set forth in subdivisions (a) to (c), inclusive, of Section 3509. (Amended by Stats. 2003, Ch. 215, Sec. 3. Effective January 1, 2004.)
  32. 3507.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

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    Public agencies must process representation elections under their rules and grant recognition to an employee organization when the statutory showing is made, unless a rival labor organization was already lawfully recognized.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3507.1. (a) Unit determinations and representation elections shall be determined and processed in accordance with rules adopted by a public agency in accordance with this chapter. In a representation election, a majority of the votes cast by the employees in the appropriate bargaining unit shall be required. (b) Notwithstanding subdivision (a) and rules adopted by a public agency pursuant to Section 3507, a bargaining unit in effect as of the effective date of this section shall continue in effect unless changed under the rules adopted by a public agency pursuant to Section 3507. (c) A public agency shall grant exclusive or majority recognition to an employee organization based on a signed petition, authorization cards, or union membership cards showing that a majority of the employees in an appropriate bargaining unit desire the representation, unless another labor organization has previously been lawfully recognized as exclusive or majority representative of all or part of the same unit. Exclusive or majority representation shall be determined by a neutral third party selected by the public agency and the employee organization who shall review the signed petition, authorization cards, or union membership cards to verify the exclusive or majority status of the employee organization. In the event the public agency and the employee organization cannot agree on a neutral third party, the California State Mediation and Conciliation Service shall be the neutral third party and shall verify the exclusive or majority status of the employee organization. In the event that the neutral third party determines, based on a signed petition, authorization cards, or union membership cards, that a second labor organization has the support of at least 30 percent of the employees in the unit in which recognition is sought, the neutral third party shall order an election to establish which labor organization, if any, has majority status. (Amended by Stats. 2012, Ch. 46, Sec. 5. (SB 1038) Effective June 27, 2012.)
  33. 3507.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

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    Professional employees have a right to separate representation from nonprofessional employees, and disputes about the appropriateness of a representation unit may be sent to the California State Mediation and Conciliation Service on request.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3507.3. Professional employees shall not be denied the right to be represented separately from nonprofessional employees by a professional employee organization consisting of those professional employees. In the event of a dispute on the appropriateness of a unit of representation for professional employees, upon request of any of the parties, the dispute shall be submitted to the California State Mediation and Conciliation Service for mediation or for recommendation for resolving the dispute. “Professional employees,” for the purposes of this section, means employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including, but not limited to, attorneys, physicians, registered nurses, engineers, architects, teachers, and the various types of physical, chemical, and biological scientists. (Amended by Stats. 2012, Ch. 46, Sec. 6. (SB 1038) Effective June 27, 2012.)
  34. 3507.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

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    A public agency may adopt rules designating management and confidential employees and limiting them from representing other employees’ organizations on representation matters; employees keep the right to join and hold office in an employee organization, unless this chapter says otherwise.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3507.5. In addition to those rules and regulations a public agency may adopt pursuant to and in the same manner as in Section 3507, any such agency may adopt reasonable rules and regulations providing for designation of the management and confidential employees of the public agency and restricting such employees from representing any employee organization, which represents other employees of the public agency, on matters within the scope of representation. Except as specifically provided otherwise in this chapter, this section does not otherwise limit the right of employees to be members of and to hold office in an employee organization. (Amended by Stats. 1969, Ch. 1389.)
  35. 3507.7.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

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    This section requires public employers to treat certain temporary employees in collective bargaining processes and to share specified job information with employees and the recognized employee organization.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3507.7. (a) (1) (A) For purposes of this section, “temporary employee” means a temporary employee, casual employee, seasonal employee, periodic employee, extra-help employee, relief employee, limited-term employee, per diem employee, and any other public employee who has not been hired for a permanent position. (B) “Temporary employee” shall not include an employee employed by a temporary services employer as defined in Section 201.3 of the Labor Code. (2) Nothing in this section is intended to prevent the board, or an employee relations commission referred to in Section 3509, from determining that a public employer is or is not the single or joint employer for collective bargaining purposes of employees of a temporary services employer or from including or excluding such employees from bargaining units based on the standards that were in effect prior to the adoption of this section, nor shall any provision of this section serve as the legal or other basis or support for any such determination. (b) Notwithstanding any other law, the following requirements apply with respect to temporary employees of a public employer who have been hired to perform the same or similar type of work that is performed by permanent employees represented by a recognized employee organization: (1) Upon the request of the recognized employee organization to the public employer, the following apply: (A) Temporary employees shall be automatically included in the same bargaining unit as the permanent employees if the requested classification of temporary employees is not presently within the unit. This subparagraph does not require the same terms and conditions of employment for permanent and temporary employees. (B) The public employer shall promptly participate in collective bargaining to establish wages, hours, and terms and conditions of employment for the newly added temporary employees if the parties’ current memorandum of understanding does not address them. The parties shall include the bargained for terms and conditions of employment for temporary workers as an addendum to the existing memorandum of understanding. Thereafter, the terms and conditions of employment of permanent and temporary employees in the same bargaining unit shall be addressed in a single memorandum of understanding if requested by the recognized employee organization. This subparagraph does not require the same terms and conditions of employment for permanent and temporary employees. (2) The public employer shall provide, upon hire, each temporary employee with their job description, wage rates, and eligibility for benefits, anticipated length of employment, and procedures to apply for open, permanent positions. The same information shall be provided to the recognized employee organization, within five business days of hiring the temporary employee. (3) The public employer shall include, when providing the employee organization with the employee information required by Section 3558, the anticipated end date of employment for each temporary employee or actual end date if the temporary employee has been released from service since the last list was provided. (4) (A) Whether a temporary employee who subsequently obtains permanent employment receives seniority or other credit or benefit for their time spent in temporary employment shall be a matter within the scope of representation in bargaining units that include permanent employees. (B) Whether a temporary employee receives a hiring preference over external candidates for permanent positions shall be a matter within the scope of representation in bargaining units that include temporary employees. (C) This paragraph shall apply to the extent that the memorandum of understanding may lawfully address these subjects. This paragraph shall be effective only with respect to a memorandum of understanding entered into after the effective date of this section. (c) Complaints alleging violations of this section shall be processed as unfair practice charges pursuant to Section 3509. (d) Nothing in this section supersedes or provides any exemption to the restrictions or requirements related to individuals working after retirement from a public retirement system. (e) The Legislature finds and declares that the duties and responsibilities of local agency employer representatives under this section are substantially similar to the duties and responsibilities required under existing collective bargaining enforcement procedures and therefore, the costs incurred by the local agency employer representatives in performing those duties and responsibilities under this section are not reimbursable as state-mandated costs. (f) This section shall not apply to temporary employees hired pursuant to a written agreement between a public employer and a labor organization that primarily represents employees in the building and construction trades. (Added by Stats. 2023, Ch. 691, Sec. 2. (AB 1484) Effective January 1, 2024.)
  36. 3508.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

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    A public agency’s governing body may designate certain enforcement positions and may limit or prohibit those employees’ participation in employee organizations, but it cannot bar full-time peace officers from joining qualifying peace-officer-only organizations, and employee rights cannot be restricted for reasons outside this section.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3508. (a) The governing body of a public agency may, in accordance with reasonable standards, designate positions or classes of positions which have duties consisting primarily of the enforcement of state laws or local ordinances, and may by resolution or ordinance adopted after a public hearing, limit or prohibit the right of employees in these positions or classes of positions to form, join, or participate in employee organizations where it is in the public interest to do so. However, the governing body may not prohibit the right of its employees who are full-time “peace officers,” as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, to join or participate in employee organizations which are composed solely of those peace officers, which concern themselves solely and exclusively with the wages, hours, working conditions, welfare programs, and advancement of the academic and vocational training in furtherance of the police profession, and which are not subordinate to any other organization. (b) (1) This subdivision shall apply only to a county of the seventh class. (2) For the purposes of this section, no distinction shall be made between a position designated as a peace officer position by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code at the time of the enactment of the 1971 amendments to this section, and a welfare fraud investigator or inspector position designated as a peace officer position by any amendment to that Chapter 4.5 at any time after the enactment of the 1971 amendments to this section. (3) It is the intent of this subdivision to overrule San Bernardino County Sheriff’s Etc. Assn. v. Board of Supervisors (1992) 7 Cal.App.4th 602, 611, with respect to San Bernardino County designating a welfare fraud investigator or inspector as a peace officer under this section. (c) (1) This subdivision shall apply only to a county of the seventh class and shall not become operative until it is approved by the county board of supervisors by ordinance or resolution. (2) For the purposes of this section, no distinction shall be made between a position designated as a peace officer position by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code at the time of the enactment of the 1971 amendments to this section, and a probation corrections officer position designated as a peace officer position by any amendment to that Chapter 4.5 at any time after the enactment of the 1971 amendments to this section. (3) It is the intent of this subdivision to overrule San Bernardino County Sheriff’s Etc. Assn. v. Board of Supervisors (1992) 7 Cal.App.4th 602, 611, to the extent that it holds that this section prohibits the County of San Bernardino from designating the classifications of Probation Corrections Officers and Supervising Probation Corrections Officers as peace officers. Those officers shall not be designated as peace officers for purposes of this section unless that action is approved by the county board of supervisors by ordinance or resolution. (4) Upon approval by the Board of Supervisors of San Bernardino County, this subdivision shall apply to petitions filed in May 2001 by Probation Corrections Officers and Supervising Probation Corrections Officers. (d) The right of employees to form, join and participate in the activities of employee organizations shall not be restricted by a public agency on any grounds other than those set forth in this section. (Amended by Stats. 2002, Ch. 865, Sec. 1. Effective January 1, 2003.)
  37. 3508.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

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    A public agency generally cannot impose discipline or deny promotion for police employee misconduct if the investigation is not finished within one year, subject to listed tolling and reopening exceptions. If discipline is imposed, the agency must give written notice within 30 days.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3508.1. For the purposes of this section, the term “police employee” includes the civilian employees of the police department of any city. Police employee does not include any public safety officer within the meaning of Section 3301. (a) With respect to any police employee, except as provided in this subdivision and subdivision (d), no punitive action, nor denial of promotion on grounds other than merit, shall be undertaken for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within one year of the public agency’s discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct. This one-year limitation period shall apply only if the act, omission, or other misconduct occurred on or after January 1, 2002. In the event that the public agency determines that discipline may be taken, it shall complete its investigation and notify the police employee of its proposed disciplinary action within that year, except in any of the following circumstances: (1) If the act, omission, or other allegation of misconduct is also the subject of a criminal investigation or criminal prosecution, the time during which the criminal investigation or criminal prosecution is pending shall toll the one-year time period. (2) If the police employee waives the one-year time period in writing, the time period shall be tolled for the period of time specified in the written waiver. (3) If the investigation is a multijurisdictional investigation that requires a reasonable extension for coordination of the involved agencies. (4) If the investigation involves more than one employee and requires a reasonable extension. (5) If the investigation involves an employee who is incapacitated or otherwise unavailable, the time during which the person is incapacitated or unavailable shall toll the one-year period. (6) If the investigation involves a matter in civil litigation in which the police employee is named as a party defendant, the one-year time period shall be tolled while the civil action is pending. (7) If the investigation involves a matter in criminal litigation in which the complainant is a criminal defendant, the one-year time period shall be tolled during the period of that defendant’s criminal investigation and prosecution. (8) If the investigation involves an allegation of workers’ compensation fraud on the part of the police employee. (b) When a predisciplinary response or grievance procedure is required or utilized, the time for this response or procedure shall not be governed or limited by this chapter. (c) If, after investigation and predisciplinary response or procedure, the public agency decides to impose discipline, the public agency shall notify the police employee in writing of its decision to impose discipline, including the date that the discipline will be imposed, within 30 days of its decision, except if the police employee is unavailable for discipline. (d) Notwithstanding the one-year time period specified in subdivision (a), an investigation may be reopened against a police employee if both of the following circumstances exist: (1) Significant new evidence has been discovered that is likely to affect the outcome of the investigation. (2) One of the following conditions exists: (A) The evidence could not reasonably have been discovered in the normal course of investigation without resorting to extraordinary measures by the agency. (B) The evidence resulted from the police employee’s predisciplinary response or procedure. (Added by Stats. 2001, Ch. 801, Sec. 1. Effective January 1, 2002.)
  38. 3508.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

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    A public employer must deduct dues or service fees from pay when required by an agency shop arrangement, and a public employee keeps the right to authorize such deductions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3508.5. (a) Nothing in this chapter shall affect the right of a public employee to authorize a dues or service fees deduction from his or her salary or wages pursuant to Section 1157.1, 1157.2, 1157.3, 1157.4, 1157.5, or 1157.7. (b) A public employer shall deduct the payment of dues or service fees to a recognized employee organization as required by an agency shop arrangement between the recognized employee organization and the public employer. (c) Agency fee obligations, including, but not limited to, dues or agency fee deductions on behalf of a recognized employee organization, shall continue in effect as long as the employee organization is the recognized bargaining representative, notwithstanding the expiration of any agreement between the public employer and the recognized employee organization. (Amended by Stats. 2000, Ch. 901, Sec. 6. Effective January 1, 2001.)
  39. 3509.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

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    This section gives the board powers over complaints, elections, rules, and unfair labor practices, and limits certain damage awards and jurisdiction in specified Los Angeles and firefighter-related cases.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3509. (a) The powers and duties of the board described in Section 3541.3 shall also apply, as appropriate, to this chapter and shall include the authority as set forth in subdivisions (b) and (c). Included among the appropriate powers of the board are the power to order elections, to conduct any election the board orders, and to adopt rules to apply in areas where a public agency has no rule. (b) A complaint alleging any violation of this chapter or of any rules and regulations adopted by a public agency pursuant to Section 3507 or 3507.5 shall be processed as an unfair practice charge by the board. The initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the board, except that in an action to recover damages due to an unlawful strike, the board shall have no authority to award strike-preparation expenses as damages, and shall have no authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. The board shall apply and interpret unfair labor practices consistent with existing judicial interpretations of this chapter. (c) The board shall enforce and apply rules adopted by a public agency concerning unit determinations, representation, recognition, and elections. (d) Notwithstanding subdivisions (a) to (c), inclusive, the employee relations commissions established by, and in effect for, the County of Los Angeles and the City of Los Angeles pursuant to Section 3507 shall have the power and responsibility to take actions on recognition, unit determinations, elections, and all unfair practices, and to issue determinations and orders as the employee relations commissions deem necessary, consistent with and pursuant to the policies of this chapter. (e) (1) Notwithstanding subdivisions (a) to (c), inclusive, in an action to recover damages due to an unlawful strike, the City of Los Angeles Employee Relations Board or the Los Angeles County Employee Relations Commission shall not do either of the following: (A) Award strike-preparation expenses as damages. (B) Award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. (2) Notwithstanding subdivisions (a) to (c), inclusive, in an action involving the City of Los Angeles or the County of Los Angeles, the board has exclusive initial jurisdiction over a request for injunctive relief that seeks to enjoin organization by employees or employee activity that is arguably protected or prohibited by this chapter, including, but not limited to, a strike. (f) Notwithstanding subdivisions (a) to (c), inclusive, consistent with, and pursuant to, the provisions of Sections 3500 and 3505.4, superior courts shall have exclusive jurisdiction over actions involving interest arbitration, as governed by Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure, when the action involves an employee organization that represents firefighters, as defined in Section 3251. (g) This section shall not apply to employees designated as management employees under Section 3507.5. (h) The board shall not find it an unfair practice for an employee organization to violate a rule or regulation adopted by a public agency if that rule or regulation is itself in violation of this chapter. This subdivision shall not be construed to restrict or expand the board’s jurisdiction or authority as set forth in subdivisions (a) to (c), inclusive. (Amended by Stats. 2024, Ch. 315, Sec. 1. (AB 2889) Effective January 1, 2025.)
  40. 3509.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

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    If an administrative law judge decision about recognizing or certifying an employee organization is appealed, it becomes the board’s final order unless the board issues a superseding ruling within 180 days after the appeal is filed.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3509.3. Notwithstanding any other law, if a decision by an administrative law judge regarding the recognition or certification of an employee organization is appealed, the decision shall be deemed the final order of the board if the board does not issue a ruling that supersedes the decision on or before 180 days after the appeal is filed. (Added by Stats. 2011, Ch. 242, Sec. 1. (SB 609) Effective January 1, 2012.)
  41. 3509.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

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    This section lets certain aggrieved parties seek a writ of extraordinary relief from a board decision or order, requires filing within 30 days, and bars courts from staying election orders or reviewing the merits in enforcement proceedings.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3509.5. (a) Any charging party, respondent, or intervenor aggrieved by a final decision or order of the board in an unfair practice case, except a decision of the board not to issue a complaint in such a case, and any party to a final decision or order of the board in a unit determination, representation, recognition, or election matter that is not brought as an unfair practice case, may petition for a writ of extraordinary relief from that decision or order. A board order directing an election may not be stayed pending judicial review. (b) A petition for a writ of extraordinary relief shall be filed in the district court of appeal having jurisdiction over the county where the events giving rise to the decision or order occurred. The petition shall be filed within 30 days from the date of the issuance of the board’s final decision or order, or order denying reconsideration, as applicable. Upon the filing of the petition, the court shall cause notice to be served upon the board and thereafter shall have jurisdiction of the proceeding. The board shall file in the court the record of the proceeding, certified by the board, within 10 days after the clerk’s notice unless that time is extended by the court for good cause shown. The court shall have jurisdiction to grant any temporary relief or restraining order it deems just and proper, and in like manner to make and enter a decree enforcing, modifying, and enforcing as modified, or setting aside in whole or in part the decision or order of the board. The findings of the board with respect to questions of fact, including ultimate facts, if supported by substantial evidence on the record considered as a whole, shall be conclusive. Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure relating to writs shall, except where specifically superseded by this section, apply to proceedings pursuant to this section. (c) If the time to petition for extraordinary relief from a board decision or order has expired, the board may seek enforcement of any final decision or order in a district court of appeal or superior court having jurisdiction over the county where the events giving rise to the decision or order occurred. The board shall respond within 10 days to any inquiry from a party to the action as to why the board has not sought court enforcement of the final decision or order. If the response does not indicate that there has been compliance with the board’s final decision or order, the board shall seek enforcement of the final decision or order upon the request of the party. The board shall file in the court the record of the proceeding, certified by the board, and appropriate evidence disclosing the failure to comply with the decision or order. If, after hearing, the court determines that the order was issued pursuant to the procedures established by the board and that the person or entity refuses to comply with the order, the court shall enforce the order by writ of mandamus or other proper process. The court may not review the merits of the order. (Added by Stats. 2002, Ch. 1137, Sec. 3. Effective January 1, 2003.)
  42. 3510.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

    Verify source ↗

    The board must interpret and apply this chapter consistently with judicial interpretations of the chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3510. (a) The provisions of this chapter shall be interpreted and applied by the board in a manner consistent with and in accordance with judicial interpretations of this chapter. (b) The enactment of this chapter shall not be construed as making the provisions of Section 923 of the Labor Code applicable to public employees. (Added by renumbering Section 3509 by Stats. 2000, Ch. 901, Sec. 7. Effective January 1, 2001.)
  43. 3511.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. )

    Verify source ↗

    The 1999–2000 changes to specified Government Code sections do not apply to peace officers defined in Penal Code Section 830.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10. Local Public Employee Organizations [3500 - 3511] ( Heading of Chapter 10 amended by Stats. 1971, Ch. 254. ) ## 3511. The changes made to Sections 3501, 3507.1, and 3509 of the Government Code by legislation enacted during the 1999–2000 Regular Session of the Legislature shall not apply to persons who are peace officers as defined in Section 830.1 of the Penal Code. (Added by Stats. 2000, Ch. 901, Sec. 10. Effective January 1, 2001.)
  44. 3511.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.1. Local Agency Executives [3511.1 - 3511.2] ( Chapter 10.1 added by Stats. 2011, Ch. 692, Sec. 3. )

    Verify source ↗

    This section defines several terms used in the chapter, including “compensation,” “cost-of-living,” “local agency,” and “local agency executive.”

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.1. Local Agency Executives [3511.1 - 3511.2] ( Chapter 10.1 added by Stats. 2011, Ch. 692, Sec. 3. ) ## 3511.1. As used in this chapter, the following definitions apply: (a) “Compensation” means annual salary, stipend, or bonus, paid by a local agency employer to a local agency executive. (b) “Cost-of-living” means the California Consumer Price Index for Urban Wage Earners and Clerical Workers as calculated by the Department of Industrial Relations. (c) “Local agency” means a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or any board, commission, or agency thereof, or other local public agency. (d) “Local agency executive” means any person employed by a local agency who is not subject to the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500)), Chapter 5 (commencing with Section 45100) of Part 25 of Division 3 of Title 2 of the Education Code, or Chapter 4 (commencing with Section 88000) of Part 51 of Division 7 of Title 3 of the Education Code, and who meets any of the following requirements: (1) The person is the chief executive officer, a deputy chief executive officer, or an assistant chief executive officer of the local agency. (2) The person is the head of a department of a local agency. (3) The person’s position within the local agency is held by an employment contract between the local agency and that person. (Amended by Stats. 2013, Ch. 213, Sec. 1. (SB 407) Effective January 1, 2014.)
  45. 3511.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.1. Local Agency Executives [3511.1 - 3511.2] ( Chapter 10.1 added by Stats. 2011, Ch. 692, Sec. 3. )

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    From January 1, 2012 onward, contracts between a local agency and a local agency executive may not include automatic renewal with compensation increases above a cost-of-living adjustment, or a cash settlement above the referenced statutory amounts.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.1. Local Agency Executives [3511.1 - 3511.2] ( Chapter 10.1 added by Stats. 2011, Ch. 692, Sec. 3. ) ## 3511.2. On or after January 1, 2012, any contract executed or renewed between a local agency and a local agency executive shall not provide for the following: (a) An automatic renewal of a contract that provides for an automatic increase in the level of compensation that exceeds a cost-of-living adjustment. (b) A maximum cash settlement that exceeds the amounts determined pursuant to Article 3.5 (commencing with Section 53260) of Chapter 2 of Part 1 of Division 2 of Title 5. (Added by Stats. 2011, Ch. 692, Sec. 3. (AB 1344) Effective January 1, 2012.)
  46. 3512.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

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    This section states the chapter’s purpose: to improve communication and dispute resolution between the state and its employees, and to recognize state employees’ rights to join and be represented by organizations.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3512. It is the purpose of this chapter to promote full communication between the state and its employees by providing a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment between the state and public employee organizations. It is also the purpose of this chapter to promote the improvement of personnel management and employer-employee relations within the State of California by providing a uniform basis for recognizing the right of state employees to join organizations of their own choosing and be represented by those organizations in their employment relations with the state. It is further the purpose of this chapter, in order to foster peaceful employer-employee relations, to allow state employees to select one employee organization as the exclusive representative of the employees in an appropriate unit, and to permit the exclusive representative to receive financial support from those employees who receive the benefits of this representation. Nothing in this chapter shall be construed to contravene the spirit or intent of the merit principle in state employment, nor to limit the entitlements of state civil service employees, including those designated as managerial and confidential, provided by Article VII of the California Constitution or by laws or rules enacted pursuant thereto. (Amended by Stats. 1982, Ch. 1572, Sec. 1.)
  47. 3513.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

    Verify source ↗

    This section defines key terms used in the chapter on state employer-employee relations.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3513. As used in this chapter: (a) “Employee organization” means any organization that includes employees of the state and that has as one of its primary purposes representing these employees in their relations with the state. (b) “Recognized employee organization” means an employee organization that has been recognized by the state as the exclusive representative of the employees in an appropriate unit. (c) “State employee” means any civil service employee of the state, and the teaching staff of schools under the jurisdiction of the State Department of Education or the Superintendent of Public Instruction, except managerial employees, confidential employees, supervisory employees, employees of the Department of Human Resources, professional employees of the Department of Finance engaged in technical or analytical state budget preparation other than the auditing staff, professional employees in the Personnel/Payroll Services Division of the Controller’s office engaged in technical or analytical duties in support of the state’s personnel and payroll systems other than the training staff, employees of the Legislative Counsel Bureau, employees of the Bureau of State Audits, employees of the office of the Inspector General, employees of the board, conciliators employed by the California State Mediation and Conciliation Service, employees of the Office of the State Chief Information Officer except as otherwise provided in Section 11546.5, and intermittent athletic inspectors who are employees of the State Athletic Commission. (d) “Mediation” means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours, and other terms and conditions of employment between representatives of the public agency and the recognized employee organization or recognized employee organizations through interpretation, suggestion, and advice. (e) “Managerial employee” means any employee having significant responsibilities for formulating or administering agency or departmental policies and programs or administering an agency or department. (f) “Confidential employee” means any employee who is required to develop or present management positions with respect to employer-employee relations or whose duties normally require access to confidential information contributing significantly to the development of management positions. (g) “Supervisory employee” means any individual, regardless of the job description or title, having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend this action, if, in connection with the foregoing, the exercise of this authority is not of a merely routine or clerical nature, but requires the use of independent judgment. Employees whose duties are substantially similar to those of their subordinates shall not be considered to be supervisory employees. (h) “Board” means the Public Employment Relations Board. The Educational Employment Relations Board shall be renamed the Public Employment Relations Board as provided in Section 3540. The powers and duties of the board described in Section 3541.3 shall also apply, as appropriate, to this chapter. (i) “Maintenance of membership” means that all employees who voluntarily are, or who voluntarily become, members of a recognized employee organization shall remain members of that employee organization in good standing for a period as agreed to by the parties pursuant to a memorandum of understanding, commencing with the effective date of the memorandum of understanding. A maintenance of membership provision shall not apply to any employee who within 30 days prior to the expiration of the memorandum of understanding withdraws from the employee organization by sending a signed withdrawal letter to the employee organization and a copy to the Controller’s office. (j) “State employer,” or “employer,” for the purposes of bargaining or meeting and conferring in good faith, means the Governor or his or her designated representatives. (k) “Fair share fee” means the fee deducted by the state employer from the salary or wages of a state employee in an appropriate unit who does not become a member of and financially support the recognized employee organization. The fair share fee shall be used to defray the costs incurred by the recognized employee organization in fulfilling its duty to represent the employees in their employment relations with the state, and shall not exceed the standard initiation fee, membership dues, and general assessments of the recognized employee organization. (Amended by Stats. 2013, Ch. 76, Sec. 71. (AB 383) Effective January 1, 2014.)
  48. 3514.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

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    A person must not willfully resist, prevent, impede, or interfere with the board or its agents while they are performing duties under this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3514. Any person who shall willfully resist, prevent, impede or interfere with any member of the board, or any of its agents, in the performance of duties pursuant to this chapter, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of not more than one thousand dollars ($1,000). (Added by Stats. 1977, Ch. 1159.)
  49. 3514.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

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    The board has exclusive jurisdiction over initial unfair-practice determinations and may order remedies, but it cannot issue complaints in some time-barred or contract-covered cases.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3514.5. The initial determination as to whether the charges of unfair practices are justified, and, if so, what remedy is necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the board, except that in an action to recover damages due to an unlawful strike, the board shall have no authority to award strike-preparation expenses as damages, and shall have no authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. Procedures for investigating, hearing, and deciding these cases shall be devised and promulgated by the board and shall include all of the following: (a) Any employee, employee organization, or employer shall have the right to file an unfair practice charge, except that the board shall not do either of the following: (1) issue a complaint in respect of any charge based upon an alleged unfair practice occurring more than six months prior to the filing of the charge; (2) issue a complaint against conduct also prohibited by the provisions of the agreement between the parties until the grievance machinery of the agreement, if it exists and covers the matter at issue, has been exhausted, either by settlement or binding arbitration. However, when the charging party demonstrates that resort to contract grievance procedure would be futile, exhaustion shall not be necessary. The board shall have discretionary jurisdiction to review a settlement or arbitration award reached pursuant to the grievance machinery solely for the purpose of determining whether it is repugnant to the purposes of this chapter. If the board finds that the settlement or arbitration award is repugnant to the purposes of this chapter, it shall issue a complaint on the basis of a timely filed charge, and hear and decide the case on the merits; otherwise, it shall dismiss the charge. The board shall, in determining whether the charge was timely filed, consider the six-month limitation set forth in this subdivision to have been tolled during the time it took the charging party to exhaust the grievance machinery. (b) The board shall not have authority to enforce agreements between the parties, and shall not issue a complaint on any charge based on alleged violation of such an agreement that would not also constitute an unfair practice under this chapter. (c) The board shall have the power to issue a decision and order directing an offending party to cease and desist from the unfair practice and to take such affirmative action, including, but not limited to, the reinstatement of employees with or without back pay, as will effectuate the policies of this chapter. (Amended by Stats. 2011, Ch. 539, Sec. 2. (SB 857) Effective January 1, 2012.)
  50. 3515.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

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    State employees have the right to form, join, and take part in employee organizations, to refuse to join or participate, and to represent themselves individually in employment relations with the state.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3515. Except as otherwise provided by the Legislature, state employees shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. State employees also shall have the right to refuse to join or participate in the activities of employee organizations, except that nothing shall preclude the parties from agreeing to a maintenance of membership provision, as defined in subdivision (i) of Section 3513, or a fair share fee provision, as defined in subdivision (k) of Section 3513, pursuant to a memorandum of understanding. In any event, state employees shall have the right to represent themselves individually in their employment relations with the state. (Amended by Stats. 1990, Ch. 1522, Sec. 2.)
  51. 3515.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

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    Employee organizations may represent their members in state employment relations, but an exclusive representative is the only organization that may represent that unit. Employee organizations may set reasonable membership rules, and employees may appear on their own behalf.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3515.5. Employee organizations shall have the right to represent their members in their employment relations with the state, except that once an employee organization is recognized as the exclusive representative of an appropriate unit, the recognized employee organization is the only organization that may represent that unit in employment relations with the state. Employee organizations may establish reasonable restrictions regarding who may join and may make reasonable provisions for the dismissal of individuals from membership. Nothing in this section shall prohibit any employee from appearing in his own behalf in his employment relations with the state. (Added by Stats. 1977, Ch. 1159.)
  52. 3515.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

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    Employee organizations have the right to have certain dues and assessments deducted, until they become the exclusive representative for an appropriate unit.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3515.6. All employee organizations shall have the right to have membership dues, initiation fees, membership benefit programs, and general assessments deducted pursuant to subdivision (a) of Section 1152 and Section 1153 until such time as an employee organization is recognized as the exclusive representative for employees in an appropriate unit, and then such deductions as to any employee in the negotiating unit shall not be permissible except to the exclusive representative. (Amended by Stats. 1982, Ch. 1270, Sec. 19.)
  53. 3515.7.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

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    This section lets a recognized employee organization and the state employer use membership fees or fair share fee deductions, requires payroll data, deductions, remittance, and financial reporting, and creates a religious objection exception.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3515.7. (a) Once an employee organization is recognized as the exclusive representative of an appropriate unit it may enter into an agreement with the state employer providing for organizational security in the form of maintenance of membership or fair share fee deduction. (b) The state employer shall furnish the recognized employee organization with sufficient employment data to allow the organization to calculate membership fees and the appropriate fair share fees, and shall deduct the amount specified by the recognized employee organization from the salary or wages of every employee for the membership fee or the fair share fee. These fees shall be remitted monthly to the recognized employee organization along with an adequate itemized record of the deductions, including, if required by the recognized employee organization, machine readable data. Fair share fee deductions shall continue until the effective date of a successor agreement or implementation of the state’s last, best, and final offer, whichever occurs first. The Controller shall retain, from the fair share fee deduction, an amount equal to the cost of administering this section. The state employer shall not be liable in any action by a state employee seeking recovery of, or damages for, improper use or calculation of fair share fees. (c) Notwithstanding subdivision (b), any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to financially support the recognized employee organization. That employee, in lieu of a membership fee or a fair share fee deduction, shall instruct the employer to deduct and pay sums equal to the fair share fee to a nonreligious, nonlabor organization, charitable fund approved by the Department of General Services for receipt of charitable contributions by payroll deductions. (d) A fair share fee provision in a memorandum of understanding that is in effect may be rescinded by a majority vote of all the employees in the unit covered by the memorandum of understanding, provided that: (1) a request for the vote is supported by a petition containing the signatures of at least 30 percent of the employees in the unit; (2) the vote is by secret ballot; and (3) the vote may be taken at any time during the term of the memorandum of understanding, but in no event shall there be more than one vote taken during the term. If the board determines that the appropriate number of signatures have been collected, it shall conduct the vote in a manner that it shall prescribe. Notwithstanding this subdivision, the state employer and the recognized employee organization may negotiate, and by mutual agreement provide for, an alternative procedure or procedures regarding a vote on a fair share fee provision. (e) Every recognized employee organization that has agreed to a fair share fee provision shall keep an adequate itemized record of its financial transactions and shall make available annually, to the board and to the employees in the unit, within 90 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or comparable officers. In the event of failure of compliance with this section, any employee in the unit may petition the board for an order compelling this compliance, or the board may issue a compliance order on its own motion. (f) If an employee who holds conscientious objections pursuant to subdivision (c) requests individual representation in a grievance, arbitration, or administrative hearing from the recognized employee organization, the recognized employee organization is authorized to charge the employee for the reasonable cost of the representation. (g) An employee who pays a fair share fee shall be entitled to fair and impartial representation by the recognized employee organization. A breach of this duty shall be deemed to have occurred if the employee organization’s conduct in representation is arbitrary, discriminatory, or in bad faith. (Amended by Stats. 2017, Ch. 19, Sec. 11. (AB 111) Effective June 27, 2017.)
  54. 3515.8.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

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    A state employee who pays a fair share fee has the right to ask for and receive a refund of the part of the fee tied to certain political, ideological, or member-only benefits; the board may also order the organization to return refundable amounts.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3515.8. Any state employee who pays a fair share fee shall have the right to demand and receive from the recognized employee organization, under procedures established by the recognized employee organization, a return of any part of that fee paid by him or her which represents the employee’s additional pro rata share of expenditures by the recognized employee organization that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the terms and conditions of employment, or applied towards the cost of any other benefits available only to members of the recognized employee organization. The pro rata share subject to refund shall not reflect, however, the costs of support of lobbying activities designed to foster policy goals and collective negotiations and contract administration, or to secure for the employees represented advantages in wages, hours, and other conditions of employment in addition to those secured through meeting and conferring with the state employer. The board may compel the recognized employee organization to return that portion of a fair share fee which the board may determine to be subject to refund under the provisions of this section. (Added by Stats. 1982, Ch. 1572, Sec. 5.)
  55. 3516.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

    Verify source ↗

    The scope of representation is limited to wages, hours, and other terms and conditions of employment.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3516. The scope of representation shall be limited to wages, hours, and other terms and conditions of employment, except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order. (Amended by Stats. 1983, Ch. 1258, Sec. 1.2. Effective September 30, 1983.)
  56. 3516.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

    Verify source ↗

    The employer must give affected recognized employee organizations reasonable written notice and an opportunity to meet and confer before adopting covered laws, rules, resolutions, or regulations, unless an emergency applies.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3516.5. Except in cases of emergency as provided in this section, the employer shall give reasonable written notice to each recognized employee organization affected by any law, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the employer, and shall give such recognized employee organizations the opportunity to meet and confer with the administrative officials or their delegated representatives as may be properly designated by law. In cases of emergency when the employer determines that a law, rule, resolution, or regulation must be adopted immediately without prior notice or meeting with a recognized employee organization, the administrative officials or their delegated representatives as may be properly designated by law shall provide such notice and opportunity to meet and confer in good faith at the earliest practical time following the adoption of such law, rule, resolution, or regulation. (Amended by Stats. 1978, Ch. 776.)
  57. 3517.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

    Verify source ↗

    The Governor or a designated representative must meet and confer in good faith with recognized employee organizations about wages, hours, and other employment terms.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3517. The Governor, or his representative as may be properly designated by law, shall meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations, and shall consider fully such presentations as are made by the employee organization on behalf of its members prior to arriving at a determination of policy or course of action. “Meet and confer in good faith” means that the Governor or such representatives as the Governor may designate, and representatives of recognized employee organizations, shall have the mutual obligation personally to meet and confer promptly upon request by either party and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on matters within the scope of representation prior to the adoption by the state of its final budget for the ensuing year. The process should include adequate time for the resolution of impasses. (Added by Stats. 1977, Ch. 1159.)
  58. 3517.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

    Verify source ↗

    If the Governor and the recognized employee organization reach agreement, they must jointly prepare a written memorandum and, when appropriate, present it to the Legislature for determination.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3517.5. If agreement is reached between the Governor and the recognized employee organization, they shall jointly prepare a written memorandum of such understanding which shall be presented, when appropriate, to the Legislature for determination. (Added by Stats. 1977, Ch. 1159.)
  59. 3517.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

    Verify source ↗

    If certain listed laws conflict with a memorandum of understanding, the memorandum controls; for some bargaining units, and for certain MOU terms, extra limits and legislative approval rules apply.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3517.6. (a) (1) In any case where the provisions of Section 70031 of the Education Code, or subdivision (i) of Section 3513, or Section 14876, 18714, 19080.5, 19100, 19143, 19261, 19818.16, 19819.1, 19820, 19822, 19826, 19827, 19828, 19829, 19830, 19831, 19832, 19833, 19834, 19835, 19836, 19837, 19838, 19839, 19840, 19841, 19842, 19843, 19844, 19845, 19846, 19847, 19848, 19849, 19849.1, 19849.4, 19850.1, 19850.2, 19850.3, 19850.4, 19850.5, 19850.6, 19851, 19853, 19854, 19856, 19856.1, 19858.1, 19858.2, 19859, 19860, 19861, 19862, 19862.1, 19863, 19863.1, 19864, 19866, 19869, 19870, 19871, 19871.1, 19872, 19873, 19874, 19875, 19876, 19877, 19877.1, 19878, 19879, 19880, 19880.1, 19881, 19882, 19883, 19884, 19885, 19887, 19887.1, 19887.2, 19888, 19990, 19991, 19991.1, 19991.2, 19991.3, 19991.4, 19991.5, 19991.6, 19991.7, 19992, 19992.1, 19992.2, 19992.3, 19992.4, 19993, 19994.1, 19994.2, 19994.3, 19994.4, 19995, 19995.1, 19995.2, 19995.3, 19996.1, 19996.2, 19998, 19998.1, 20796, 21600, 21602, 21604, 21605, 22870, 22871, or 22890 are in conflict with the provisions of a memorandum of understanding, the memorandum of understanding shall be controlling without further legislative action. (2) Notwithstanding paragraph (1), this paragraph shall apply only to state employees in State Bargaining Unit 5. In any case where the provisions of Section 70031 of the Education Code, or subdivision (i) of Section 3513, or Section 14876, 18714, 19080.5, 19100, 19143, 19261, 19576.1, 19818.16, 19819.1, 19820, 19822, 19826, 19827, 19828, 19829, 19830, 19831, 19832, 19833, 19834, 19835, 19836, 19837, 19838, 19839, 19840, 19841, 19842, 19843, 19844, 19845, 19846, 19847, 19848, 19849, 19849.1, 19849.4, 19850.1, 19850.2, 19850.3, 19850.4, 19850.5, 19850.6, 19851, 19853, 19854, 19856, 19856.1, 19858.1, 19858.2, 19859, 19860, 19861, 19862, 19862.1, 19863, 19863.1, 19864, 19866, 19869, 19870, 19871, 19871.1, 19872, 19873, 19874, 19875, 19876, 19877, 19877.1, 19878, 19879, 19880, 19880.1, 19881, 19882, 19883, 19884, 19885, 19887, 19887.1, 19887.2, 19888, 19990, 19991, 19991.1, 19991.2, 19991.3, 19991.4, 19991.5, 19991.6, 19991.7, 19992, 19992.1, 19992.2, 19992.3, 19992.4, 19993, 19994.1, 19994.2, 19994.3, 19994.4, 19995, 19995.1, 19995.2, 19995.3, 19996.1, 19996.2, 19998, 19998.1, 20796, 21600, 21602, 21604, 21605, 22870, 22871, or 22890 are in conflict with the provisions of a memorandum of understanding, the memorandum of understanding shall be controlling without further legislative action. (3) Notwithstanding paragraph (1), this paragraph shall apply only to state employees in State Bargaining Unit 8. In any case where the provisions of Section 70031 of the Education Code, or subdivision (i) of Section 3513, or Section 14876, 18714, 19080.5, 19100, 19143, 19261, 19574, 19574.1, 19574.2, 19575, 19576.1, 19578, 19582, 19582.1, 19175.1, 19818.16, 19819.1, 19820, 19822, 19826, 19827, 19828, 19829, 19830, 19831, 19832, 19833, 19834, 19835, 19836, 19837, 19838, 19839, 19840, 19841, 19842, 19843, 19844, 19845, 19846, 19847, 19848, 19849, 19849.1, 19849.4, 19850.1, 19850.2, 19850.3, 19850.4, 19850.5, 19850.6, 19851, 19853, 19854, 19856, 19856.1, 19858.1, 19858.2, 19859, 19860, 19861, 19862, 19862.1, 19863, 19863.1, 19864, 19866, 19869, 19870, 19871, 19871.1, 19872, 19873, 19874, 19875, 19876, 19877, 19877.1, 19878, 19879, 19880, 19880.1, 19881, 19882, 19883, 19884, 19885, 19887, 19887.1, 19887.2, 19888, 19990, 19991, 19991.1, 19991.2, 19991.3, 19991.4, 19991.5, 19991.6, 19991.7, 19992, 19992.1, 19992.2, 19992.3, 19992.4, 19993, 19994.1, 19994.2, 19994.3, 19994.4, 19995, 19995.1, 19995.2, 19995.3, 19996.1, 19996.2, 19998, 19998.1, 20796, 21600, 21602, 21604, 21605, 22870, 22871, or 22890 are in conflict with the provisions of a memorandum of understanding, the memorandum of understanding shall be controlling without further legislative action. (4) Notwithstanding paragraph (1), this paragraph shall apply only to state employees in State Bargaining Unit 12 or 13. In any case where the provisions of Section 70031 of the Education Code, or subdivision (i) of Section 3513, or Section 14876, 18670, 18714, 19080.5, 19100, 19143, 19261, 19574, 19574.1, 19574.2, 19575, 19578, 19582, 19583, 19702, 19818.16, 19819.1, 19820, 19822, 19826, 19827, 19828, 19829, 19830, 19831, 19832, 19833, 19834, 19835, 19836, 19837, 19838, 19839, 19840, 19841, 19842, 19843, 19844, 19845, 19846, 19847, 19848, 19849, 19849.1, 19849.4, 19850.1, 19850.2, 19850.3, 19850.4, 19850.5, 19850.6, 19851, 19853, 19854, 19856, 19856.1, 19858.1, 19858.2, 19859, 19860, 19861, 19862, 19862.1, 19863, 19863.1, 19864, 19866, 19869, 19870, 19871, 19871.1, 19872, 19873, 19874, 19875, 19876, 19877, 19877.1, 19878, 19879, 19880, 19880.1, 19881, 19882, 19883, 19884, 19885, 19887, 19887.1, 19887.2, 19888, 19990, 19991, 19991.1, 19991.2, 19991.3, 19991.4, 19991.5, 19991.6, 19991.7, 19992, 19992.1, 19992.2, 19992.3, 19992.4, 19993, 19994.1, 19994.2, 19994.3, 19994.4, 19995, 19995.1, 19995.2, 19995.3, 19996.1, 19996.2, 19998, 19998.1, 20796, 21600, 21602, 21604, 21605, 22870, 22871, or 22890 are in conflict with the provisions of a memorandum of understanding, the memorandum of understanding shall be controlling without further legislative action. (b) In any case where the provisions of Section 19997.2, 19997.3, 19997.8, 19997.9, 19997.10, 19997.11, 19997.12, 19997.13, or 19997.14 are in conflict with the provisions of a memorandum of understanding, the terms of the memorandum of understanding shall be controlling unless the State Personnel Board finds those terms to be inconsistent with merit employment principles as provided for by Article VII of the California Constitution. Where this finding is made, the provisions of the Government Code shall prevail until those affected sections of the memorandum of understanding are renegotiated to resolve the inconsistency. If any provision of the memorandum of understanding requires the expenditure of funds, those provisions of the memorandum of understanding may not become effective unless approved by the Legislature in the annual Budget Act. If any provision of the memorandum of understanding requires legislative action to permit its implementation by amendment of any section not cited above, those provisions of the memorandum of understanding may not become effective unless approved by the Legislature. (Amended by Stats. 2024, Ch. 52, Sec. 2. (AB 171) Effective July 2, 2024.)
  60. 3517.61.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

    Verify source ↗

    For state employees in State Bargaining Unit 6, a conflicting memorandum of understanding generally controls over specified statutes, subject to stated exceptions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3517.61. Notwithstanding Section 3517.6, for state employees in State Bargaining Unit 6, in any case where the provisions of Section 70031 of the Education Code, subdivision (i) of Section 3513, or Section 14876, 18714, 19080.5, 19100, 19143, 19261, 19818.16, 19819.1, 19820, 19822, 19826, 19827, 19828, 19829, 19830, 19831, 19832, 19833, 19834, 19835, 19836, 19837, 19838, 19839, 19840, 19841, 19842, 19843, 19844, 19845, 19846, 19847, 19848, 19849, 19849.1, 19849.4, 19850.1, 19850.2, 19850.3, 19850.4, 19850.5, 19850.6, 19851, 19853, 19854, 19856, 19856.1, 19858.1, 19858.2, 19859, 19860, 19861, 19862, 19862.1, 19863, 19863.1, 19864, 19866, 19869, 19870, 19871, 19871.1, 19872, 19873, 19874, 19875, 19876, 19877, 19877.1, 19878, 19879, 19880, 19880.1, 19881, 19882, 19883, 19884, 19885, 19887, 19887.1, 19887.2, 19888, 19990, 19991, 19991.1, 19991.2, 19991.3, 19991.4, 19991.5, 19991.6, 19991.7, 19992, 19992.1, 19992.2, 19992.3, 19992.4, 19993, 19994.1, 19994.2, 19994.3, 19994.4 19995, 19995.1, 19995.2, 19995.3, 19996.1, 19996.2, 19998, 19998.1, 20796, 21600, 21602, 21604, 21605, 22870, 22871, or 22890 are in conflict with the provisions of a memorandum of understanding, the memorandum of understanding shall be controlling without further legislative action. In any case where the provisions of Section 19997.2, 19997.3, 19997.8, 19997.9, 19997.10, 19997.11, 19997.12, 19997.13, or 19997.14 are in conflict with the provisions of a memorandum of understanding, the terms of the memorandum of understanding shall be controlling unless the State Personnel Board finds those terms to be inconsistent with merit employment principles as provided for by Article VII of the California Constitution. Where this finding is made, the provisions of the Government Code shall prevail until those affected sections of the memorandum of understanding are renegotiated to resolve the inconsistency. If any provision of the memorandum of understanding requires the expenditure of funds, those provisions of the memorandum of understanding may not become effective unless approved by the Legislature in the annual Budget Act. If any provision of the memorandum of understanding requires legislative action to permit its implementation by amendment of any section not cited above, those provisions of the memorandum of understanding may not become effective unless approved by the Legislature. (Amended by Stats. 2024, Ch. 52, Sec. 3. (AB 171) Effective July 2, 2024.)
  61. 3517.63.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

    Verify source ↗

    The Department of Human Resources must send certain large MOU addenda to the Joint Legislative Budget Committee, which must decide within 30 days whether they need legislative ratification. If a no-funds addendum will be included in a later MOU submitted to the Legislature, DHR must identify it expressly.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3517.63. (a) Any side letter, appendix, or other addendum to a properly ratified memorandum of understanding that requires the expenditure of two hundred fifty thousand dollars ($250,000) or more related to salary and benefits and that is not already contained in the original memorandum of understanding or the Budget Act, shall be provided by the Department of Human Resources to the Joint Legislative Budget Committee. The Joint Legislative Budget Committee shall determine within 30 days after receiving the side letter, appendix, or other addendum if it presents substantial additions that are not reasonably within the parameters of the original memorandum of understanding and thereby requires legislative action to ratify the side letter, appendix, or other addendum. (b) A side letter, appendix, or other addendum to a properly ratified memorandum of understanding that does not require the expenditure of funds shall be expressly identified by the Department of Human Resources if that side letter, appendix, or other addendum is to be incorporated in a subsequent memorandum of understanding submitted to the Legislature for approval. (Amended by Stats. 2012, Ch. 665, Sec. 35. (SB 1308) Effective January 1, 2013.)
  62. 3517.7.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

    Verify source ↗

    If the Legislature does not approve or fully fund a cost-bearing MOU provision, either party may reopen negotiations. The parties may still carry out provisions that were approved or that do not need legislative action.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3517.7. If the Legislature does not approve or fully fund any provision of the memorandum of understanding which requires the expenditure of funds, either party may reopen negotiations on all or part of the memorandum of understanding. Nothing herein shall prevent the parties from agreeing and effecting those provisions of the memorandum of understanding which have received legislative approval or those provisions which do not require legislative action. (Added by Stats. 1982, Ch. 1081, Sec. 6.)
  63. 3517.8.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

    Verify source ↗

    If a memorandum of understanding has expired and no new agreement or impasse exists, the parties must keep following the expired agreement’s terms. If there is an impasse, the state employer may implement its last, best, and final offer, but some proposals need legislative approval.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3517.8. (a) If a memorandum of understanding has expired, and the Governor and the recognized employee organization have not agreed to a new memorandum of understanding and have not reached an impasse in negotiations, subject to subdivision (b), the parties to the agreement shall continue to give effect to the provisions of the expired memorandum of understanding, including, but not limited to, all provisions that supersede existing law, any arbitration provisions, any no strike provisions, any agreements regarding matters covered in the Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.), and any provisions covering fair share fee deduction consistent with Section 3515.7. (b) If the Governor and the recognized employee organization reach an impasse in negotiations for a new memorandum of understanding, the state employer may implement any or all of its last, best, and final offer. Any proposal in the state employer’s last, best, and final offer that, if implemented, would conflict with existing statutes or require the expenditure of funds shall be presented to the Legislature for approval and, if approved, shall be controlling without further legislative action, notwithstanding Sections 3517.5, 3517.6, and 3517.7. Implementation of the last, best, and final offer does not relieve the parties of the obligation to bargain in good faith and reach an agreement on a memorandum of understanding if circumstances change, and does not waive rights that the recognized employee organization has under this chapter. (Amended by Stats. 2008, Ch. 179, Sec. 82. Effective January 1, 2009.)
  64. 3518.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

    Verify source ↗

    After a failed negotiation period, the Governor and the recognized employee organization may agree on a mediator, or either side may ask the board to appoint one.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3518. If after a reasonable period of time, the Governor and the recognized employee organization fail to reach agreement, the Governor and the recognized employee organization may agree upon the appointment of a mediator mutually agreeable to the parties, or either party may request the board to appoint a mediator. When both parties mutually agree upon a mediator, costs of mediation shall be divided one-half to the state and one-half to the recognized employee organization. If the board appoints the mediator, the costs of mediation shall be paid by the board. (Added by Stats. 1977, Ch. 1159.)
  65. 3518.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

    Verify source ↗

    Certain employee representatives must be given reasonable time off, without loss of pay or other benefits, when they formally meet and confer with state representatives on matters within the scope of representation.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3518.5. A reasonable number of employee representatives of recognized employee organizations shall be granted reasonable time off without loss of compensation or other benefits when formally meeting and conferring with representatives of the state on matters within the scope of representation. This section shall apply only to state employees, as defined by subdivision (c) of Section 3513, and only for periods when a memorandum of understanding is not in effect. (Amended by Stats. 1979, Ch. 1008.)
  66. 3518.7.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

    Verify source ↗

    Managerial and confidential employees may not hold elective office in an employee organization that also represents state employees.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3518.7. Managerial employees and confidential employees shall be prohibited from holding elective office in an employee organization which also represents “state employees,” as defined in subdivision (c) of Section 3513. (Added by Stats. 1979, Ch. 98.)
  67. 3519.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

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    The state must not retaliate against, discriminate against, or otherwise interfere with employees for exercising rights under this chapter, and it must not refuse good-faith dealings with recognized employee organizations or the Section 3518 mediation process.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3519. It shall be unlawful for the state to do any of the following: (a) Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by this chapter. For purposes of this subdivision, “employee” includes an applicant for employment or reemployment. (b) Deny to employee organizations rights guaranteed to them by this chapter. (c) Refuse or fail to meet and confer in good faith with a recognized employee organization. (d) Dominate or interfere with the formation or administration of any employee organization, or contribute financial or other support to it, or in any way encourage employees to join any organization in preference to another. (e) Refuse to participate in good faith in the mediation procedure set forth in Section 3518. (Amended by Stats. 1989, Ch. 313, Sec. 1.)
  68. 3519.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

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    An employee organization must not pressure the state to break Section 3519, retaliate against or coerce employees for exercising chapter rights, refuse to bargain in good faith with a state agency employer, or refuse good-faith participation in the Section 3518 mediation procedure.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3519.5. It shall be unlawful for an employee organization to: (a) Cause or attempt to cause the state to violate Section 3519. (b) Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by this chapter. (c) Refuse or fail to meet and confer in good faith with a state agency employer of any of the employees of which it is the recognized employee organization. (d) Refuse to participate in good faith in the mediation procedure set forth in Section 3518. (Added by Stats. 1977, Ch. 1159.)
  69. 3520.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

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    This section limits when a board unit-determination or unfair-practice order can be reviewed in court, sets filing deadlines, and lets the court enforce or modify orders in some cases.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3520. (a) Judicial review of a unit determination shall only be allowed: (1) when the board, in response to a petition from the state or an employee organization, agrees that the case is one of special importance and joins in the request for such review; or (2) when the issue is raised as a defense to an unfair practice complaint. A board order directing an election shall not be stayed pending judicial review. Upon receipt of a board order joining in the request for judicial review, a party to the case may petition for a writ of extraordinary relief from the unit determination decision or order. (b) Any charging party, respondent, or intervenor aggrieved by a final decision or order of the board in an unfair practice case, except a decision of the board not to issue a complaint in such a case, may petition for a writ of extraordinary relief from such decision or order. (c) Such petition shall be filed in the district court of appeal in the appellate district where the unit determination or unfair practice dispute occurred. The petition shall be filed within 30 days after issuance of the board’s final order, order denying reconsideration, or order joining in the request for judicial review, as applicable. Upon the filing of such petition, the court shall cause notice to be served upon the board and thereupon shall have jurisdiction of the proceeding. The board shall file in the court the record of the proceeding, certified by the board, within 10 days after the clerk’s notice unless such time is extended by the court for good cause shown. The court shall have jurisdiction to grant to the board such temporary relief or restraining order it deems just and proper and in like manner to make and enter a decree enforcing, modifying, or setting aside the order of the board. The findings of the board with respect to questions of fact, including ultimate facts, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The provisions of Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure relating to writs shall, except where specifically superseded herein, apply to proceedings pursuant to this section. (d) If the time to petition for extraordinary relief from a board decision has expired, the board may seek enforcement of any final decision or order in a district court of appeal or a superior court in the district where the unit determination or unfair practice case occurred. If, after hearing, the court determines that the order was issued pursuant to procedures established by the board and that the person or entity refuses to comply with the order, the court shall enforce such order by writ of mandamus. The court shall not review the merits of the order. (Amended by Stats. 1979, Ch. 1072.)
  70. 3520.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

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    The state must give exclusive recognition to employee organizations chosen under board rules, and the board must set procedures for petitions, elections, unit determinations, and later revocation.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3520.5. (a) The state shall grant exclusive recognition to employee organizations designated or selected pursuant to rules established by the board for employees of the state or an appropriate unit thereof, subject to the right of an employee to represent himself. (b) The board shall establish reasonable procedures for petitions and for holding elections and determining appropriate units pursuant to subdivision (a). (c) The board shall also establish procedures whereby recognition of employee organizations formally recognized as exclusive representatives pursuant to a vote of the employees may be revoked by a majority vote of the employees only after a period of not less than 12 months following the date of such recognition. (Amended by Stats. 1978, Ch. 776.)
  71. 3520.7.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

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    The state employer must adopt reasonable rules and regulations for registering employee organizations and bona fide associations, deciding their status, and identifying their official officers and representatives.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3520.7. The state employer shall adopt reasonable rules and regulations for all of the following: (a) Registering employee organizations, as defined by subdivision (c) of Section 1150, and bona fide associations, as defined by subdivision (d) of Section 1150. (b) Determining the status of organizations and associations as employee organizations or bona fide associations. (c) Identifying the officers and representatives who officially represent employee organizations and bona fide associations. (Added by Stats. 1982, Ch. 1270, Sec. 20.)
  72. 3520.8.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

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    If an administrative law judge’s decision about recognizing or certifying an employee organization is appealed, it becomes the board’s final order unless the board issues a superseding ruling within 180 days after the appeal is filed.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3520.8. Notwithstanding any other law, if a decision by an administrative law judge regarding the recognition or certification of an employee organization is appealed, the decision shall be deemed the final order of the board if the board does not issue a ruling that supersedes the decision on or before 180 days after the appeal is filed. (Added by Stats. 2011, Ch. 242, Sec. 2. (SB 609) Effective January 1, 2012.)
  73. 3521.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

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    The board must use the listed criteria to determine an appropriate unit and generally may not direct an election unless an involved employee organization seeks or agrees to it.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3521. (a) In determining an appropriate unit, the board shall be governed by the criteria in subdivision (b). However, the board shall not direct an election in a unit unless one or more of the employee organizations involved in the proceeding is seeking or agrees to an election in such a unit. (b) In determining an appropriate unit, the board shall take into consideration all of the following criteria: (1) The internal and occupational community of interest among the employees, including, but not limited to, the extent to which they perform functionally related services or work toward established common goals; the history of employee representation in state government and in similar employment; the extent to which the employees have common skills, working conditions, job duties, or similar educational or training requirements; and the extent to which the employees have common supervision. (2) The effect that the projected unit will have on the meet and confer relationships, emphasizing the availability and authority of employer representatives to deal effectively with employee organizations representing the unit, and taking into account such factors as work location, the numerical size of the unit, the relationship of the unit to organizational patterns of the state government, and the effect on the existing classification structure or existing classification schematic of dividing a single class or single classification schematic among two or more units. (3) The effect of the proposed unit on efficient operations of the employer and the compatibility of the unit with the responsibility of state government and its employees to serve the public. (4) The number of employees and classifications in a proposed unit and its effect on the operations of the employer, on the objectives of providing the employees the right to effective representation, and on the meet and confer relationship. (5) The impact on the meet and confer relationship created by fragmentation of employees or any proliferation of units among the employees of the employer. (6) Notwithstanding the foregoing provisions of this section, or any other provision of law, an appropriate group of skilled crafts employees shall have the right to be a separate unit of representation based upon occupation. Skilled crafts employees shall include, but not necessarily be limited to, employment categories such as carpenters, plumbers, electricians, painters, and operating engineers. (c) There shall be a presumption that professional employees and nonprofessional employees should not be included in the same unit. However, the presumption shall be rebuttable, depending upon what the evidence pertinent to the citeria set forth in subdivision (b) establishes. (Amended by Stats. 1978, Ch. 776.)
  74. 3521.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

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    This section defines “professional employee” as an employee whose work is primarily intellectual, requires consistent discretion and judgment, cannot be standardized by time, and requires advanced specialized study.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3521.5. The term “professional employee” means (a) any employee engaged in work (1) predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work; (2) involving the consistent exercise of discretion and judgment in its performance; (3) of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; (4) requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual, or physical processes; or (b) any employee, who (1) has completed the courses of specialized intellectual instruction and study described in paragraph 4 of subdivision (a), and (2) is performing related work under the supervision of a professional person to qualify himself to become a professional employee as defined in subdivision (a). (Added by Stats. 1977, Ch. 1159.)
  75. 3521.7.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

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    The board may designate certain law-enforcement-related positions or classes of positions using reasonable standards, and employees so designated have the right to be in a unit made up only of such employees.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3521.7. The board may, in accordance with reasonable standards, designate positions or classes of positions which have duties consisting primarily of the enforcement of state laws. Employees so designated shall not be denied the right to be in a unit composed solely of such employees. (Added by Stats. 1977, Ch. 1159.)
  76. 3522.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

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    Physicians in any state bargaining unit may negotiate for preauthorized out-of-state travel for continuing medical education.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3522. (a) Physicians in any state bargaining unit may negotiate under this chapter for preauthorized travel outside the state for continuing medical education. (b) The execution of a memorandum of understanding entered into pursuant to subdivision (a) shall constitute the approvals required under Sections 11032 and 11033, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 2004, Ch. 504, Sec. 2. Effective January 1, 2005.)
  77. 3523.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

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    Employee organizations and the employer must present initial meet-and-confer proposals at public meetings, and the employer must keep to notice, comment, and public-record timing rules unless an emergency applies.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3523. (a) All initial meet and confer proposals of recognized employee organizations shall be presented to the employer at a public meeting, and such proposals thereafter shall be a public record. All initial meet and confer proposals or counterproposals of the employer shall be presented to the recognized employee organization at a public meeting, and such proposals or counterproposals thereafter shall be a public record. (b) Except in cases of emergency as provided in subdivision (d), no meeting and conferring shall take place on any proposal subject to subdivision (a) until not less than seven consecutive days have elapsed to enable the public to become informed, and to publicly express itself regarding the proposals, as well as regarding other possible subjects of meeting and conferring and thereafter, the employer shall, in open meeting, hear public comment on all matters related to the meet and confer proposals. (c) Forty-eight hours after any proposal which includes any substantive subject which has not first been presented as proposals for public reaction pursuant to this section is offered during any meeting and conferring session, such proposals and the position, if any, taken thereon by the representatives of the employer, shall be a public record. (d) Subdivision (b) shall not apply when the employer determines that, due to an act of God, natural disaster, or other emergency or calamity affecting the state, and which is beyond the control of the employer or recognized employee organization, it must meet and confer and take action upon such a proposal immediately and without sufficient time for the public to become informed and to publicly express itself. In such cases the results of such meeting and conferring shall be made public as soon as reasonably possible. (Amended by Stats. 1978, Ch. 776.)
  78. 3523.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

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    This chapter cannot be read to make Labor Code Section 923 apply to state employees.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3523.5. The enactment of this chapter shall not be construed as making the provisions of Section 923 of the Labor Code applicable to state employees. (Added by Stats. 1977, Ch. 1159.)
  79. 3524.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. )

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    This chapter may be cited as the Ralph C. Dills Act.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.3. State Employer-Employee Relations [3512 - 3524] ( Chapter 10.3 added by Stats. 1977, Ch. 1159. ) ## 3524. This chapter shall be known and may be cited as the Ralph C. Dills Act. (Amended by Stats. 1986, Ch. 103, Sec. 1.)
  80. 3524.50.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    This chapter may be cited as the Judicial Council Employer-Employee Relations Act.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.50. This chapter shall be known and may be cited as the Judicial Council Employer-Employee Relations Act. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  81. 3524.51.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    This section states the chapter’s purpose: to improve communication and dispute resolution in Judicial Council labor relations, recognize employees’ representation rights, and allow an exclusive representative to receive financial support from benefited employees.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.51. The Legislature finds and declares that it is the purpose of this chapter to promote full communication between the Judicial Council and its employees by providing a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment between the Judicial Council and public employee organizations. It is also the purpose of this chapter to promote the improvement of personnel management and employer-employee relations within the Judicial Council by providing a uniform basis for recognizing the right of Judicial Council employees to join organizations of their own choosing and be represented by those organizations in their employment relations with the Judicial Council. It is further the purpose of this chapter, in order to foster peaceful employer-employee relations, to allow Judicial Council employees to select one employee organization as the exclusive representative of the employees in an appropriate unit and to permit the exclusive representative to receive financial support from those employees who receive the benefits of this representation. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  82. 3524.52.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    This section defines key terms used in the chapter, including who counts as a board member, employee, employee organization, and supervisory or confidential employee.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.52. For purposes of this chapter: (a) “Board” means the Public Employment Relations Board. The powers and duties of the board described in Section 3541.3 shall also apply, as appropriate, to this chapter. (b) “Confidential employee” means any employee who is required to develop or present management positions with respect to employer-employee relations or whose duties normally require access to confidential information contributing significantly to the development of management positions. (c) “Employee organization” means any organization that includes employees of the Judicial Council and that has as one of its primary purposes representing these employees in their relations with the Judicial Council. (d) “Excluded employees” means any employee occupying a position specifically designated by the Judicial Council pursuant to Section 3524.53. (e) “Fair share fee” means the fee deducted by the Judicial Council from the salary or wages of a Judicial Council employee in an appropriate unit who does not become a member of, and financially support, the recognized employee organization. The fair share fee shall be used to defray the costs incurred by the recognized employee organization in fulfilling its duty to represent the employees in their employment relations with the Judicial Council, and shall not exceed the standard initiation fee, membership dues, and general assessments of the recognized employee organization. (f) “Judicial Council,” or “employer,” for the purposes of bargaining or meeting and conferring in good faith, means the Administrative Director of the Courts, or his or her designated representative, acting with the authorization of the Chairperson of the Judicial Council. (g) “Judicial Council employee” or “employee” means any employee of the Judicial Council, except managerial, supervisory, and confidential employees, and excluded employees, as designated by the Judicial Council pursuant to Section 3524.53, and a judicial officer or employee of the Supreme Court, the courts of appeal, or the Habeas Corpus Resource Center. (h) “Maintenance of membership” means that all employees who voluntarily are, or who voluntarily become, members of a recognized employee organization shall remain members of that employee organization in good standing for a period as agreed to by the parties pursuant to a memorandum of understanding, commencing with the effective date of the memorandum of understanding. A maintenance of membership provision shall not apply to any employee who within 30 days prior to the expiration of the memorandum of understanding withdraws from the employee organization by sending a signed withdrawal letter to the employee organization and a copy to the Controller’s office. (i) “Managerial employee” means any employee having significant responsibilities for formulating or administering agency or departmental policies and programs or administering an agency or department. (j) “Mediation” means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours, and other terms and conditions of employment between representatives of the public agency and the recognized employee organization or recognized employee organizations through interpretation, suggestion, and advice. (k) “Professional employee” means either of the following: (1) Any employee engaged in any of the following types of work: (A) Predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work. (B) Work involving the consistent exercise of discretion and judgment in its performance. (C) Work of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time. (D) Work requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual, or physical processes. (2) Any employee for which both of the following apply: (A) Completed the courses of specialized intellectual instruction and study described in subparagraph (D) of paragraph (1). (B) Is performing related work under the supervision of a professional person to qualify himself or herself to become a professional employee as defined in paragraph (1). (l) “Recognized employee organization” means an employee organization that has been recognized by the Judicial Council as the exclusive representative of the employees in an appropriate unit. (m) “Supervisory employee” means any individual, regardless of the job description or title, having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend this action, if, in connection with the foregoing, the exercise of this authority is not of a merely routine or clerical nature, but requires the use of independent judgment. Employees whose duties are substantially similar to those of their subordinates shall not be considered to be supervisory employees. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  83. 3524.53.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    The Judicial Council may designate certain state employee positions as excluded positions, but the excluded and related positions cannot exceed one-third of the Council’s total authorized positions, and the designation is not reviewable by the board.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.53. The Judicial Council shall have the sole authority and discretion to designate Judicial Council state employee positions as excluded positions, provided that managerial, supervisory, confidential, and excluded positions not included in bargaining units under this chapter shall not exceed one-third of the total authorized Judicial Council positions as stated in the Department of Finance Salaries and Wages Supplement. Designation of the excluded positions under this section shall not be subject to review by the board. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  84. 3524.54.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    A person must not willfully interfere with the board or its agents while they are performing duties under this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.54. Any person who willfully resists, prevents, impedes, or interferes with any member of the board, or any of its agents, in the performance of duties pursuant to this chapter, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of not more than one thousand dollars ($1,000). (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  85. 3524.55.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    The board has exclusive authority over initial unfair-practice determinations and remedies, with limits on certain strike-related damages and on when complaints may be issued. Employees, employee organizations, and employers may file unfair-practice charges.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.55. The initial determination as to whether the charges of unfair practices are justified, and, if so, what remedy is necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the board, except that in an action to recover damages due to an unlawful strike, the board shall have no authority to award strike-preparation expenses as damages, and shall have no authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. Procedures for investigating, hearing, and deciding these cases shall be devised and promulgated by the board and shall include all of the following: (a) Any employee, employee organization, or employer shall have the right to file an unfair practice charge, except that the board shall not do either of the following: (1) Issue a complaint in respect of any charge based upon an alleged unfair practice occurring more than six months prior to the filing of the charge. (2) Issue a complaint against conduct also prohibited by the provisions of the agreement between the parties until the grievance machinery of the agreement, if it exists and covers the matter at issue, has been exhausted, either by settlement or binding arbitration. However, when the charging party demonstrates that resort to contract grievance procedure would be futile, exhaustion shall not be necessary. The board shall have discretionary jurisdiction to review a settlement or arbitration award reached pursuant to the grievance machinery solely for the purpose of determining whether it is repugnant to the purposes of this chapter. If the board finds that the settlement or arbitration award is repugnant to the purposes of this chapter, it shall issue a complaint on the basis of a timely filed charge, and hear and decide the case on the merits; otherwise, it shall dismiss the charge. The board shall, in determining whether the charge was timely filed, consider the six-month limitation set forth in this subdivision to have been tolled during the time it took the charging party to exhaust the grievance machinery. (b) The board shall not have authority to enforce agreements between the parties, and shall not issue a complaint on any charge based on alleged violation of an agreement that would not also constitute an unfair practice under this chapter. (c) The board shall have the power to issue a decision and order directing an offending party to cease and desist from the unfair practice and to take such affirmative action, including, but not limited to, the reinstatement of employees with or without backpay, as will effectuate the policies of this chapter. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  86. 3524.56.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    Judicial Council employees have rights to form, join, and take part in employee organizations, to decline joining or participating, and to represent themselves individually.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.56. Except as otherwise provided by the Legislature, Judicial Council employees shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Judicial Council employees also shall have the right to refuse to join or participate in the activities of employee organizations, except that nothing shall preclude the parties from agreeing to a maintenance of membership provision or a fair share fee provision pursuant to a memorandum of understanding. In any event, Judicial Council employees shall have the right to represent themselves individually in their employment relations with the Judicial Council. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  87. 3524.57.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    Employee organizations may represent their members before the Judicial Council, but a recognized exclusive representative is the only organization that may represent the unit. Employees may also appear on their own behalf.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.57. Employee organizations shall have the right to represent their members in their employment relations with the Judicial Council, except that once an employee organization is recognized as the exclusive representative of an appropriate unit, the recognized employee organization is the only organization that may represent that unit in employment relations with the Judicial Council. Employee organizations may establish reasonable restrictions regarding who may join and may make reasonable provisions for the dismissal of individuals from membership. This section shall not prohibit any employee from appearing in his or her own behalf in his or her employment relations with the Judicial Council. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  88. 3524.58.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    Employee organizations have a right to have certain deductions made, but once an organization is the exclusive representative, deductions for employees in the negotiating unit may go only to that exclusive representative.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.58. All employee organizations shall have the right to have membership dues, initiation fees, membership benefit programs, and general assessments deducted pursuant to subdivision (a) of Section 1152 and Section 1153 until an employee organization is recognized as the exclusive representative for employees in an appropriate unit, and then any deductions as to any employee in the negotiating unit shall not be permissible except to the exclusive representative. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  89. 3524.59.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    This section lets a recognized employee organization and the Judicial Council set up membership or fair-share fee deductions, and requires payroll data sharing, deductions, remittance, reporting, and certain employee protections.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.59. (a) Once an employee organization is recognized as the exclusive representative of an appropriate unit, it may enter into an agreement with the Judicial Council providing for organizational security in the form of maintenance of membership or fair share fee deduction. (b) The Judicial Council shall furnish the recognized employee organization with sufficient employment data to allow the organization to calculate membership fees and the appropriate fair share fees, and shall deduct the amount specified by the recognized employee organization from the salary or wages of every employee for the membership fee or the fair share fee. These fees shall be remitted monthly to the recognized employee organization along with an adequate itemized record of the deductions, including, if required by the recognized employee organization, machine readable data. Fair share fee deductions shall continue until the effective date of a successor agreement or implementation of the Judicial Council’s last, best, and final offer, whichever occurs first. The Controller shall retain, from the fair share fee deduction, an amount equal to the cost of administering this section. The Judicial Council shall not be liable in any action by a Judicial Council employee seeking recovery of, or damages for, improper use or calculation of fair share fees. (c) Notwithstanding subdivision (b), any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to financially support the recognized employee organization. That employee, in lieu of a membership fee or a fair share fee deduction, shall instruct the employer to deduct and pay sums equal to the fair share fee to a nonreligious, nonlabor organization, charitable fund approved by the Department of General Services for receipt of charitable contributions by payroll deductions. (d) A fair share fee provision in a memorandum of understanding that is in effect may be rescinded by a majority vote of all the employees in the unit covered by the memorandum of understanding, subject to all of the following: (1) A request for the vote shall be supported by a petition containing the signatures of at least 30 percent of the employees in the unit. (2) The vote shall be by secret ballot. (3) The vote may be taken at any time during the term of the memorandum of understanding, but in no event shall there be more than one vote taken during the term. If the board determines that the appropriate number of signatures have been collected, it shall conduct the vote in a manner that it shall prescribe. Notwithstanding this subdivision, the Judicial Council and the recognized employee organization may negotiate, and by mutual agreement provide for, an alternative procedure or procedures regarding a vote on a fair share fee provision. (e) Every recognized employee organization that has agreed to a fair share fee provision shall keep an adequate itemized record of its financial transactions and shall make available annually, to the board and to the employees in the unit, within 90 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or comparable officers. In the event of failure of compliance with this section, any employee in the unit may petition the board for an order compelling this compliance, or the board may issue a compliance order on its own motion. (f) If an employee who holds conscientious objections pursuant to subdivision (c) requests individual representation in a grievance, arbitration, or administrative hearing from the recognized employee organization, the recognized employee organization is authorized to charge the employee for the reasonable cost of the representation. (g) An employee who pays a fair share fee shall be entitled to fair and impartial representation by the recognized employee organization. A breach of this duty shall be deemed to have occurred if the employee organization’s conduct in representation is arbitrary, discriminatory, or in bad faith. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  90. 3524.60.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    A Judicial Council employee who pays a fair share fee can require a refund from the recognized employee organization for the refundable part of that fee.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.60. Any Judicial Council employee who pays a fair share fee shall have the right to demand and receive from the recognized employee organization, under procedures established by the recognized employee organization, a return of any part of that fee paid by him or her which represents the employee’s additional pro rata share of expenditures by the recognized employee organization that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the terms and conditions of employment, or applied towards the cost of any other benefits available only to members of the recognized employee organization. The pro rata share subject to refund shall not reflect, however, the costs of support of lobbying activities designed to foster policy goals and collective negotiations and contract administration, or to secure for the employees represented advantages in wages, hours, and other conditions of employment in addition to those secured through meeting and conferring with the Judicial Council. The board may compel the recognized employee organization to return that portion of a fair share fee which the board may determine to be subject to refund under the provisions of this section. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  91. 3524.61.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    The scope of representation is limited to wages, hours, and other terms and conditions of employment.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.61. The scope of representation shall be limited to wages, hours, and other terms and conditions of employment, except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  92. 3524.62.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    The employer must give reasonable written notice and a chance to meet and confer to affected recognized employee organizations, except in emergencies.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.62. (a) Except in cases of emergency as provided in subdivision (b), the employer shall give reasonable written notice to each recognized employee organization affected by any law, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the employer, and shall give such recognized employee organizations the opportunity to meet and confer with the administrative officials or their delegated representatives as may be properly designated by law. (b) In cases of emergency when the employer determines that a law, rule, resolution, or regulation must be adopted immediately without prior notice or meeting with a recognized employee organization, the administrative officials or their delegated representatives as may be properly designated by law shall provide notice and opportunity to meet and confer in good faith at the earliest practical time following the adoption of the law, rule, resolution, or regulation. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  93. 3524.63.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    The Administrative Director of the Courts, or designated representatives authorized by the Chairperson of the Judicial Council, must meet and confer in good faith with recognized employee organizations about wages, hours, and other employment terms.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.63. The Administrative Director of the Courts, or his or her designated representatives, acting with the authorization of the Chairperson of the Judicial Council, shall meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations, and shall consider fully such presentations as are made by the employee organization on behalf of its members prior to arriving at a determination of policy or course of action. For purposes of this section, the term “meet and confer in good faith” means that the Administrative Director of the Courts, or his or her designated representatives, and representatives of recognized employee organizations, shall have the mutual obligation personally to meet and confer promptly upon request by either party and continue to meet and confer for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on matters within the scope of representation prior to the adoption by the state of its final budget for the ensuing year. The process should include adequate time for the resolution of impasses. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  94. 3524.64.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    If the parties reach an agreement, they must jointly prepare a written memorandum and present it to the Legislature when appropriate.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.64. If an agreement is reached between the Administrative Director of the Courts and the recognized employee organization, they shall jointly prepare a written memorandum of the agreement which shall be presented, when appropriate, to the Legislature for appropriation of funding and amendment of any related statutes. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  95. 3524.65.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    The Judicial Council must send certain costly side letters, appendices, or addenda to the Joint Legislative Budget Committee, which then has 30 days to decide whether they require legislative ratification. Non-spending addenda must be expressly identified if later included in a submission to the Legislature.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.65. (a) Any side letter, appendix, or other addendum to a properly ratified memorandum of understanding that requires the expenditure of two hundred fifty thousand dollars ($250,000) or more related to salary and benefits and that is not already contained in the original memorandum of understanding or the Budget Act, shall be provided by the Judicial Council to the Joint Legislative Budget Committee. The Joint Legislative Budget Committee shall determine within 30 days after receiving the side letter, appendix, or other addendum whether it presents substantial additions that are not reasonably within the parameters of the original memorandum of understanding and thereby requires legislative action to ratify the side letter, appendix, or other addendum. (b) A side letter, appendix, or other addendum to a properly ratified memorandum of understanding that does not require the expenditure of funds shall be expressly identified by the Judicial Council if that side letter, appendix, or other addendum is to be incorporated in a subsequent memorandum of understanding submitted to the Legislature for appropriation or statutory amendment. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  96. 3524.66.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    If the Legislature does not fully fund a memorandum-of-understanding provision that needs funding, either party may reopen negotiations. The parties may still agree to and carry out provisions that do not require legislative action.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.66. If the Legislature does not fully fund any provision of the memorandum of understanding that requires the expenditure of funds, either party may reopen negotiations on all or part of the memorandum of understanding. Nothing herein shall prevent the parties from agreeing and effecting those provisions of the memorandum of understanding which do not require legislative action. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  97. 3524.67.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    If a memorandum of understanding has expired and no new agreement or impasse has been reached, the expired terms generally continue to apply. If there is an impasse, the Judicial Council may implement all or part of its last, best, and final offer, and certain proposals must go to the Legislature if they would conflict with existing statutes or require funding.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.67. (a) If a memorandum of understanding has expired, and the Administrative Director of the Courts and the recognized employee organization have not agreed to a new memorandum of understanding and have not reached an impasse in negotiations, subject to subdivision (b), the parties to the agreement shall continue to give effect to the provisions of the expired memorandum of understanding, including, but not limited to, all provisions that supersede existing law, any arbitration provisions, any no-strike provisions, any agreements regarding matters covered in the Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.), and any provisions covering fair share fee deduction consistent with Section 3515.7. (b) If the Administrative Director of the Courts and the recognized employee organization reach an impasse in negotiations for a new memorandum of understanding, the Judicial Council may implement any or all of its last, best, and final offer. Any proposal in the Judicial Council’s last, best, and final offer that, if implemented, would conflict with existing statutes or require the expenditure of funds shall be presented to the Legislature for appropriation of funding, and any related statutory changes shall be controlling without further legislative action. Implementation of the last, best, and final offer does not relieve the parties of the obligation to bargain in good faith and reach an agreement on a memorandum of understanding if circumstances change, and does not waive rights that the recognized employee organization has under this chapter. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  98. 3524.68.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    After a failed negotiation period, the parties may agree on a mediator or ask the board to appoint one; mediation costs are split if the parties choose the mediator, and paid by the board if the board appoints the mediator.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.68. If after a reasonable period of time, the Administrative Director of the Courts and the recognized employee organization fail to reach agreement, the Administrative Director of the Courts and the recognized employee organization may agree upon the appointment of a mediator mutually agreeable to the parties, or either party may request the board to appoint a mediator. When both parties mutually agree upon a mediator, costs of mediation shall be divided one-half to the Judicial Council and one-half to the recognized employee organization. If the board appoints the mediator, the costs of mediation shall be paid by the board. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  99. 3524.69.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    Certain employee representatives may receive reasonable time off, with pay and benefits preserved, when formally meeting and conferring with the Judicial Council.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.69. A reasonable number of employee representatives of recognized employee organizations shall be granted reasonable time off without loss of compensation or other benefits when formally meeting and conferring with representatives of the Judicial Council on matters within the scope of representation. This section shall apply only to Judicial Council employees, as defined by subdivision (c) of Section 3524.52, and only for periods when a memorandum of understanding is not in effect. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  100. 3524.70.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    Certain Judicial Council employees are barred from holding elective office in an employee organization that also represents Judicial Council employees.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.70. Managerial employees, confidential employees, supervisory employees, and excluded employees shall be prohibited from holding elective office in an employee organization that also represents Judicial Council employees. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  101. 3524.71.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    The Judicial Council must not retaliate against, discriminate against, or interfere with employees’ rights, and must deal in good faith with recognized employee organizations and the mediation procedure.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.71. It shall be unlawful for the Judicial Council to do any of the following: (a) Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by this chapter. For purposes of this subdivision, “employee” includes an applicant for employment or reemployment. (b) Deny to employee organizations rights guaranteed to them by this chapter. (c) Refuse or fail to meet and confer in good faith with a recognized employee organization. (d) Dominate or interfere with the formation or administration of any employee organization, or contribute financial or other support to it, or in any way encourage employees to join any organization in preference to another. (e) Refuse to participate in good faith in the mediation procedure set forth in Section 3524.68. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  102. 3524.72.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    An employee organization is prohibited from causing the Judicial Council to violate Section 3524.71, retaliating against or coercing employees for exercising rights, refusing to meet and confer in good faith, or refusing to participate in the mediation procedure.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.72. It shall be unlawful for an employee organization to do any of the following: (a) Cause or attempt to cause the Judicial Council to violate Section 3524.71. (b) Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by this chapter. (c) Refuse or fail to meet and confer in good faith with the Judicial Council in relation to the employees for whom it is the recognized employee organization. (d) Refuse to participate in good faith in the mediation procedure set forth in Section 3524.68. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  103. 3524.73.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    This section limits when judicial review of certain board decisions is available, sets filing deadlines and venue, and allows the court to enforce final board orders.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.73. (a) Judicial review of a unit determination shall only be allowed under either of the following circumstances: (1) When the board, in response to a petition from the state or an employee organization, agrees that the case is one of special importance and joins in the request for the review. (2) When the issue is raised as a defense to an unfair practice complaint. A board order directing an election shall not be stayed pending judicial review. Upon receipt of a board order joining in the request for judicial review, a party to the case may petition for a writ of extraordinary relief from the unit determination decision or order. (b) Any charging party, respondent, or intervenor aggrieved by a final decision or order of the board in an unfair practice case, except a decision of the board not to issue a complaint in such a case, may petition for a writ of extraordinary relief from such decision or order. (c) The petition shall be filed in the district court of appeal in the appellate district where the unit determination or unfair practice dispute occurred. The petition shall be filed within 30 days after issuance of the board’s final order, order denying reconsideration, or order joining in the request for judicial review, as applicable. Upon the filing of the petition, the court shall cause notice to be served upon the board and thereupon shall have jurisdiction of the proceeding. The board shall file in the court the record of the proceeding, certified by the board, within 10 days after the clerk’s notice unless the time is extended by the court for good cause shown. The court shall have jurisdiction to grant to the board any temporary relief or restraining order it deems just and proper and in like manner to make and enter a decree enforcing, modifying, or setting aside the order of the board. The findings of the board with respect to questions of fact, including ultimate facts, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The provisions of Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure relating to writs shall, except where specifically superseded herein, apply to proceedings pursuant to this section. (d) If the time to petition for extraordinary relief from a board decision has expired, the board may seek enforcement of any final decision or order in a district court of appeal or a superior court in the district where the unit determination or unfair practice case occurred. If, after hearing, the court determines that the order was issued pursuant to procedures established by the board and that the person or entity refuses to comply with the order, the court shall enforce the order by writ of mandamus. The court shall not review the merits of the order. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  104. 3524.74.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    The Judicial Council must grant exclusive recognition to qualifying employee organizations, and the board must set procedures for petitions, elections, unit determinations, and revocation.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.74. (a) The Judicial Council shall grant exclusive recognition to employee organizations designated or selected pursuant to rules established by the board for employees of the Judicial Council or an appropriate unit thereof, subject to the right of an employee to represent himself or herself. (b) The board shall establish reasonable procedures for petitions and for holding elections and determining appropriate units pursuant to subdivision (a). (c) The board, as it determines appropriate bargaining units, shall not include Judicial Council employees in a bargaining unit that includes employees other than those of the Judicial Council. (d) The board shall also establish procedures whereby recognition of employee organizations formally recognized as exclusive representatives pursuant to a vote of the employees may be revoked by a majority vote of the employees only after a period of not less than 12 months following the date of such recognition. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  105. 3524.75.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    The Judicial Council must adopt reasonable rules and regulations covering registration, status determinations, and official representatives for employee organizations and bona fide associations.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.75. The Judicial Council shall adopt reasonable rules and regulations for all of the following: (a) Registering employee organizations, as defined by subdivision (c) of Section 1150, and bona fide associations, as defined by subdivision (d) of Section 1150. (b) Determining the status of organizations and associations as employee organizations or bona fide associations. (c) Identifying the officers and representatives who officially represent employee organizations and bona fide associations. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  106. 3524.76.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    If an administrative law judge’s decision on recognition or certification of an employee organization is appealed, it becomes the board’s final order unless the board issues a superseding ruling within 180 days after the appeal is filed.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.76. Notwithstanding any other law, if a decision by an administrative law judge regarding the recognition or certification of an employee organization is appealed, the decision shall be deemed the final order of the board if the board does not issue a ruling that supersedes the decision on or before 180 days after the appeal is filed. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  107. 3524.77.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    The board must use the listed criteria when deciding an appropriate unit, and it may not direct an election unless an involved employee organization seeks or agrees to it.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.77. (a) In determining an appropriate unit, the board shall be governed by the criteria in subdivision (b). However, the board shall not direct an election in a unit unless one or more of the employee organizations involved in the proceeding is seeking or agrees to an election in such a unit. (b) In determining an appropriate unit, the board shall take into consideration all of the following criteria: (1) The internal and occupational community of interest among the employees, including, but not limited to, all of the following: (A) The extent to which they perform functionally related services or work toward established common goals. (B) The history of employee representation in state government and in similar employment. (C) The extent to which the employees have common skills, working conditions, job duties, or similar educational or training requirements. (D) The extent to which the employees have common supervision. (2) The effect that the projected unit will have on the meet and confer relationships, emphasizing the availability and authority of employer representatives to deal effectively with employee organizations representing the unit, and taking into account such factors as work location, the numerical size of the unit, the relationship of the unit to organizational patterns of the state government, and the effect on the existing classification structure or existing classification schematic of dividing a single class or single classification schematic among two or more units. (3) The effect of the proposed unit on efficient operations of the employer and the compatibility of the unit with the responsibility of the Judicial Council and its employees to serve the public. (4) The number of employees and classifications in a proposed unit and its effect on the operations of the employer, on the objectives of providing the employees the right to effective representation, and on the meet and confer relationship. (5) The impact on the meet and confer relationship created by fragmentation of employees or any proliferation of units among the employees of the employer. (6) Notwithstanding the foregoing provisions of this section, or any other provision of law, an appropriate group of skilled crafts employees shall have the right to be a separate unit of representation based upon occupation. Skilled crafts employees shall include, but not necessarily be limited to, employment categories such as carpenters, plumbers, electricians, painters, and operating engineers. (c) There shall be a presumption that professional employees and nonprofessional employees should not be included in the same unit. However, the presumption shall be rebuttable, depending upon what the evidence pertinent to the criteria set forth in subdivision (b) establishes. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  108. 3524.78.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    Initial meet-and-confer proposals must be presented in public, and meeting-and-conferring is generally delayed for seven consecutive days unless an emergency applies.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.78. (a) (1) All initial meet and confer proposals of recognized employee organizations shall be presented to the employer at a public meeting, and those proposals thereafter shall be a public record. (2) All initial meet and confer proposals or counterproposals of the employer shall be presented to the recognized employee organization at a public meeting, and those proposals or counterproposals thereafter shall be a public record. (b) Except in cases of emergency as provided in subdivision (d), no meeting and conferring shall take place on any proposal subject to subdivision (a) until not less than seven consecutive days have elapsed to enable the public to become informed, and to publicly express itself regarding the proposals, as well as regarding other possible subjects of meeting and conferring, and thereafter, the employer shall, in an open meeting, hear public comment on all matters related to the meet and confer proposals. (c) Forty-eight hours after any proposal that includes any substantive subject that has not first been presented as proposals for public reaction pursuant to this section is offered during any meeting and conferring session, those proposals and the position, if any, taken by the representatives of the employer, shall be a public record. (d) Subdivision (b) shall not apply when the employer determines that, due to an act of God, natural disaster, or other emergency or calamity affecting the state, and that is beyond the control of the employer or recognized employee organization, it must meet and confer and take action upon a proposal immediately and without sufficient time for the public to become informed and to publicly express itself. In those cases, the results of the meeting and conferring shall be made public as soon as reasonably possible. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  109. 3524.79.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    This section says Chapter 10.4 does not make Labor Code Section 923 apply to Judicial Council employees.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.79. This chapter shall not be construed to apply Section 923 of the Labor Code to Judicial Council employees. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  110. 3524.80.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    Existing wages, hours, and terms of employment for Judicial Council employees stay in effect unless changed through Judicial Council procedures or an agreement.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.80. Nothing in this chapter shall be construed as modifying or eliminating any existing wages, hours, or terms and conditions of employment for Judicial Council employees. All existing wages, hours, and terms and conditions of employment for Judicial Council employees shall remain in effect unless and until changed in accordance with Judicial Council procedures or pursuant to a memorandum of understanding or agreement between the Judicial Council and a recognized employee organization. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  111. 3524.81.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. )

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    If part of this chapter is held invalid, the rest still applies if it can work without the invalid part.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.4. Judicial Council Employer-Employee Relations [3524.50 - 3524.81] ( Chapter 10.4 added by Stats. 2017, Ch. 835, Sec. 1. ) ## 3524.81. If any provision of this chapter, or the application thereof, to any person or circumstances, is held invalid, the invalidity shall not affect any other provision or application of this chapter that can be given effect without the invalid provision or application and, to this end, the provisions of this chapter are severable. (Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.)
  112. 3525.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. )

    Verify source ↗

    This chapter is named the Bill of Rights for State Excluded Employees and may be cited by that name.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. ) ## 3525. This chapter shall be known, and may be cited, as the Bill of Rights for State Excluded Employees. (Repealed and added by Stats. 1990, Ch. 1522, Sec. 17.)
  113. 3526.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. )

    Verify source ↗

    This section states the chapter’s purpose: to inform certain excluded state employees about their rights and terms of employment, and to promote dedicated service and harmonious personnel relations.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. ) ## 3526. The purpose of this chapter is to inform state supervisory, managerial, confidential, and employees otherwise excepted from coverage under the Ralph C. Dills Act by subdivision (c) of Section 3513 of their rights and terms and conditions of employment, and to inspire dedicated service, to recognize their important and fundamental roles in the management of state government, and to promote harmonious personnel relations among those representing state management in the conduct of state affairs. (Amended by Stats. 2004, Ch. 654, Sec. 1. Effective January 1, 2005.)
  114. 3527.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. )

    Verify source ↗

    This section defines key terms used in the chapter, including “employee,” “excluded employee,” several employee organizations, and “state employer/employer.”

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. ) ## 3527. As used in this chapter: (a) “Employee” means a civil service employee of the State of California. The “State of California” as used in this chapter includes those state agencies, boards, and commissions as may be designated by law that employ civil service employees, except the University of California, the college named in Section 92200 of the Education Code, and the California State University. (b) “Excluded employee,” means all managerial employees, as defined in subdivision (e) of Section 3513, all confidential employees, as defined in subdivision (f) of Section 3513, and all supervisory employees, as defined in subdivision (g) of Section 3513, and all civil service employees of the Department of Human Resources, professional employees of the Department of Finance engaged in technical or analytical state budget preparation other than the auditing staff, professional employees in the Personnel/Payroll Services Division of the Controller’s office engaged in technical or analytical duties in support of the state’s personnel and payroll systems other than the training staff, employees of the Legislative Counsel Bureau, employees of the Bureau of State Audits, employees of the Public Employment Relations Board, conciliators employed by the California State Mediation and Conciliation Service, employees of the office of the State Chief Information Officer except as provided in Section 11546.5, employees of the office of the Secretary of Government Operations within the Government Operations Agency, and intermittent athletic inspectors who are employees of the State Athletic Commission. (c) “Supervisory employee organization” means an organization that represents members who are supervisory employees under subdivision (g) of Section 3513. (d) “Excluded employee organization” means an organization that includes excluded employees of the state, as defined in subdivision (b), and that has as one of its primary purposes representing its members in employer-employee relations. Excluded employee organization includes supervisory employee organizations. (e) “State employer” or “employer,” for purposes of meeting and conferring on matters relating to supervisory employer-employee relations, means the Governor or the Governor’s designated representatives. (Amended by Stats. 2022, Ch. 478, Sec. 48. (AB 1936) Effective January 1, 2023.)
  115. 3528.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. )

    Verify source ↗

    The Legislature says the rights and protections of excluded employees under this chapter are an important concern.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. ) ## 3528. The Legislature hereby finds and declares that the rights and protections provided to excluded employees under this chapter constitute a matter of important concern. The Legislature further finds and declares that the efficient and effective administration of state programs depends upon the maintenance of high morale and the objective consideration of issues raised between excluded employees and their employer. (Repealed and added by Stats. 1990, Ch. 1522, Sec. 17.)
  116. 3529.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. )

    Verify source ↗

    Excluded employees, and in some cases nonexcluded employees, are prohibited from taking part in certain union offices, grievance handling, meet-and-confer sessions, and ratification votes.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. ) ## 3529. (a) Except for supervisory employees as defined in subdivision (g) of Section 3513, excluded employees shall not hold any office in an employee organization which also represents nonexcluded employees. (b) Excluded employees shall not participate in the handling of grievances on behalf of nonexcluded employees. Nonexcluded employees shall not participate in the handling of grievances on behalf of excluded employees. (c) Excluded employees shall not participate in meet and confer sessions on behalf of nonexcluded employees. Nonexcluded employees shall not participate in meet and confer sessions on behalf of supervisory employees. (d) The prohibition in subdivisions (b) and (c) shall not apply to the paid staff of an excluded or supervisory employee organization. (e) Excluded employees shall not vote on questions of ratification or rejection of memoranda of understanding reached on behalf of nonexcluded employees. (Repealed and added by Stats. 1990, Ch. 1522, Sec. 17.)
  117. 3530.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. )

    Verify source ↗

    Excluded employee organizations may represent their excluded members in employment relations and grievances with the State of California, and excluded employees may appear for themselves or through a chosen representative.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. ) ## 3530. Excluded employee organizations shall have the right to represent their excluded members in their employment relations, including grievances, with the State of California. Excluded employee organizations may establish reasonable restrictions regarding who may join and may make reasonable provisions for the dismissal of excluded employees from membership. This section shall not prohibit any excluded employee from appearing on his or her own behalf or through his or her chosen representative in his or her employment relations and grievances with the State of California. (Repealed and added by Stats. 1990, Ch. 1522, Sec. 17.)
  118. 3531.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. )

    Verify source ↗

    Supervisory employees have the right to form, join, and take part in supervisory employee organizations, and they may refuse to join or take part as well.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. ) ## 3531. Supervisory employees shall have the right to form, join, and participate in the activities of supervisory employee organizations of their own choosing for the purpose of representation on all matters of supervisory employer-employee relations, as set forth in Section 3532. Supervisory employees also shall have the right to refuse to join or participate in the activities of supervisory employee organizations and shall have the right to represent themselves individually in their employment relations with the public employer. (Repealed and added by Stats. 1990, Ch. 1522, Sec. 17.)
  119. 3532.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. )

    Verify source ↗

    For supervisory employees, the scope of representation includes matters about employment conditions and supervisory employer-employee relations, including wages and hours.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. ) ## 3532. The scope of representation for supervisory employees shall include all matters relating to employment conditions and supervisory employer-employee relations including wages, hours, and other terms and conditions of employment. (Repealed and added by Stats. 1990, Ch. 1522, Sec. 17.)
  120. 3533.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. )

    Verify source ↗

    The state must meet and confer with verified supervisory employee organizations when requested, and give advance notice before policy decisions affecting supervisory employees, with an emergency exception for later notice.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. ) ## 3533. Upon request, the state shall meet and confer with verified supervisory organizations representing supervisory employees on matters within the scope of representation. Prior to arriving at a determination of policy or course of action directly impacting supervisory employees, the state employer shall provide reasonable advance notice and provide the verified supervisory employee organizations an opportunity to meet and confer with the state employer to discuss alternative means of achieving objectives. Advance notice may be written, oral, or electronic. “Meet and confer” shall mean that the state employer shall consider as fully as it deems reasonable, such presentations as are made by the verified supervisory employee organization on behalf of its supervisory members prior to arriving at a determination of policy or course of action. The final determination of policy or course of action shall be the sole responsibility of the state employer. When the state employer determines that, due to an emergency or other immediate operational necessity, a law, rule, resolution, or regulation must be adopted immediately without prior notice or meeting and conferring with excluded employee organizations, the state employer shall provide notice and opportunity to meet and confer at the earliest practical time following the adoption of the law, rule, resolution, or regulation. (Amended by Stats. 2004, Ch. 654, Sec. 2. Effective January 1, 2005.)
  121. 3534.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. )

    Verify source ↗

    The state employer must let a reasonable number of verified supervisory employee representatives take reasonable time off, without losing pay or other benefits, when they are meeting and conferring with the state employer on matters within supervisory employees’ representation scope.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. ) ## 3534. The state employer shall allow a reasonable number of supervisory public employee representatives of verified supervisory employee organizations reasonable time off without loss of compensation or other benefits when meeting and conferring with representatives of the state employer on matters within the scope of representation for supervisory employees. (Repealed and added by Stats. 1990, Ch. 1522, Sec. 17.)
  122. 3535.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. )

    Verify source ↗

    The Department of Human Resources may adopt rules and regulations to administer excluded employer-employee relations under this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. ) ## 3535. The Department of Human Resources may adopt rules and regulations for the administration of excluded employer-employee relations, including supervisory employer-employee relations, under these provisions. Such rules and regulations may include provisions for: (a) Verifying that an excluded employee organization does in fact represent excluded employees. (b) Verifying the official status of excluded employee organization officers and representatives. (c) Access of excluded employee organization officers and representatives to work locations. (d) Use of official bulletin boards and other means of communication by excluded employee organizations. (e) Furnishing nonconfidential information pertaining to excluded employee relations to excluded employee organizations. (f) Any other matters as are necessary to carry out the purposes of this chapter. (Amended by Stats. 2012, Ch. 665, Sec. 36. (SB 1308) Effective January 1, 2013.)
  123. 3536.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. )

    Verify source ↗

    The state may set reasonable rules for designating management and confidential state employees and may bar those employees from representing other state employees’ organizations on representational matters.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. ) ## 3536. The state may adopt reasonable rules and regulations providing for designation of the management and confidential employees of the state and restricting these employees from representing any employee organization, which represents other employees of the state, on matters within the scope of representation. Except as specifically provided otherwise in this chapter, this section does not otherwise limit the right of excluded employees to be members of and to hold office in an excluded employee organization. (Repealed and added by Stats. 1990, Ch. 1522, Sec. 17.)
  124. 3537.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. )

    Verify source ↗

    Excluded employee organizations must file an annual registration statement with the Department of Human Resources by July 1 each year.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. ) ## 3537. Every excluded employee organization shall submit an annual registration statement on or before July 1 of each calendar year to the Department of Human Resources. The registration statement shall, at a minimum, list the name of the organization, its affiliations, headquarters, and other business addresses, its principal business telephone number, a list of principal officers and representatives, and a copy of its organization bylaws. (Amended by Stats. 2012, Ch. 665, Sec. 37. (SB 1308) Effective January 1, 2013.)
  125. 3538.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. )

    Verify source ↗

    The state employer and excluded employee organizations must not interfere with, intimidate, restrain, coerce, or discriminate against supervisory employees for exercising rights under this article.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. ) ## 3538. The state employer and excluded employee organizations shall not interfere with, intimidate, restrain, coerce, or discriminate against supervisory employees because of their exercise of their rights under this article. (Added by Stats. 1990, Ch. 1522, Sec. 17.)
  126. 3539.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. )

    Verify source ↗

    This chapter does not make Labor Code Section 923 apply to state employees.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. ) ## 3539. The enactment of this chapter shall not make Section 923 of the Labor Code applicable to state employees. (Added by Stats. 1990, Ch. 1522, Sec. 17.)
  127. 3539.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. )

    Verify source ↗

    The Department of Human Resources may adopt or amend regulations to implement employee benefits for certain excluded state officers and employees.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. ) ## 3539.5. (a) The Department of Human Resources may adopt or amend regulations to implement employee benefits for those state officers and employees excluded from, or not otherwise subject to, the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512)). (b) These regulations shall not be subject to the review and approval of the Office of Administrative Law pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). These regulations shall become effective immediately upon filing with the Secretary of State. (Amended by Stats. 2012, Ch. 665, Sec. 38. (SB 1308) Effective January 1, 2013.)
  128. 3539.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. )

    Verify source ↗

    Some excluded state-related employees may also qualify for Nonindustrial Disability Insurance Family Care Leave if they meet the listed conditions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.5. Excluded Employees Bill of Rights [3525 - 3539.6] ( Chapter 10.5 repealed and added by Stats. 1990, Ch. 1522, Sec. 17. ) ## 3539.6. Notwithstanding any other law, an employee excluded from the definition of “state employee” in subdivision (c) of Section 3513 or a nonelected officer of the executive branch exempt from civil service eligible for managerial benefits, who elects to participate in the annual leave program and who is eligible to receive Nonindustrial Disability Insurance benefits pursuant to Section 19879.1, shall also be eligible for Nonindustrial Disability Insurance Family Care Leave under that section. (Added by Stats. 2019, Ch. 24, Sec. 1. (SB 83) Effective June 27, 2019.)
  129. 3540.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 1. General Provisions [3540 - 3540.2] ( Article 1 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    This section states the chapter’s purpose: to improve personnel management and employer-employee relations in California public schools and to recognize certain employee representation and participation rights.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 1. General Provisions [3540 - 3540.2] ( Article 1 added by Stats. 1975, Ch. 961. ) ## 3540. It is the purpose of this chapter to promote the improvement of personnel management and employer-employee relations within the public school systems in the State of California by providing a uniform basis for recognizing the right of public school employees to join organizations of their own choice, to be represented by the organizations in their professional and employment relationships with public school employers, to select one employee organization as the exclusive representative of the employees in an appropriate unit, and to afford certificated employees a voice in the formulation of educational policy. This chapter shall not supersede other provisions of the Education Code and the rules and regulations of public school employers which establish and regulate tenure or a merit or civil service system or which provide for other methods of administering employer-employee relations, so long as the rules and regulations or other methods of the public school employer do not conflict with lawful collective agreements. It is the further intention of the Legislature that this chapter shall not restrict, limit, or prohibit the full exercise of the functions of any academic senate or faculty council established by a school district in a community college to represent the faculty in making recommendations to the administration and governing board of the school district with respect to district policies on academic and professional matters, so long as the exercise of the functions does not conflict with lawful collective agreements. It is the further intention of the Legislature that any legislation enacted by the Legislature governing employer-employee relations of other public employees shall be incorporated into this chapter to the extent possible. The Legislature also finds and declares that it is an advantageous and desirable state policy to expand the jurisdiction of the board created pursuant to this chapter to cover other public employers and their employees, in the event that this legislation is enacted, and if this policy is carried out, the name of the Educational Employment Relations Board shall be changed to the “Public Employment Relations Board.” (Amended by Stats. 1988, Ch. 160, Sec. 51.)
  130. 3540.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 1. General Provisions [3540 - 3540.2] ( Article 1 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    This section defines key terms used in the public school employment bargaining chapter, including the board, employee organization, public school employer, and related roles.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 1. General Provisions [3540 - 3540.2] ( Article 1 added by Stats. 1975, Ch. 961. ) ## 3540.1. As used in this chapter: (a) “Board” means the Public Employment Relations Board created pursuant to Section 3541. (b) “Certified organization” or “certified employee organization” means an organization that has been certified by the board as the exclusive representative of the public school employees in an appropriate unit after a proceeding under Article 5 (commencing with Section 3544). (c) “Confidential employee” means an employee who is required to develop or present management positions with respect to employer-employee relations or whose duties normally require access to confidential information that is used to contribute significantly to the development of management positions. (d) “Employee organization” means an organization that includes employees of a public school employer and that has as one of its primary purposes representing those employees in their relations with that public school employer. “Employee organization” shall also include any person of the organization authorized to act on its behalf. (e) “Exclusive representative” means the employee organization recognized or certified as the exclusive negotiating representative of public school employees, as “public school employee” is defined in subdivision (j), in an appropriate unit of a public school employer. (f) “Impasse” means that the parties to a dispute over matters within the scope of representation have reached a point in meeting and negotiating at which their differences in positions are so substantial or prolonged that future meetings would be futile. (g) “Management employee” means an employee in a position having significant responsibilities for formulating district policies or administering district programs. Management positions shall be designated by the public school employer subject to review by the Public Employment Relations Board. (h) “Meeting and negotiating” means meeting, conferring, negotiating, and discussing by the exclusive representative and the public school employer in a good faith effort to reach agreement on matters within the scope of representation and the execution, if requested by either party, of a written document incorporating any agreements reached, which document shall, when accepted by the exclusive representative and the public school employer, become binding upon both parties and, notwithstanding Section 3543.7, is not subject to subdivision 2 of Section 1667 of the Civil Code. The agreement may be for a period of not to exceed three years. (i) “Organizational security” is within the scope of representation, and means either of the following: (1) An arrangement pursuant to which a public school employee may decide whether or not to join an employee organization, but which requires him or her, as a condition of continued employment, if he or she does join, to maintain his or her membership in good standing for the duration of the written agreement. However, an arrangement shall not deprive the employee of the right to terminate his or her obligation to the employee organization within a period of 30 days following the expiration of a written agreement. (2) An arrangement that requires an employee, as a condition of continued employment, either to join the recognized or certified employee organization, or to pay the organization a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of the organization for the duration of the agreement, or a period of three years from the effective date of the agreement, whichever comes first. (j) “Public school employee” or “employee” means a person employed by a public school employer except persons elected by popular vote, persons appointed by the Governor of this state, management employees, and confidential employees. (k) “Public school employer” or “employer” means the governing board of a school district, a school district, a county board of education, a county superintendent of schools, a charter school that has declared itself a public school employer pursuant to subdivision (b) of Section 47611.5 of the Education Code, an auxiliary organization established pursuant to Article 6 (commencing with Section 72670) of Chapter 6 of Part 45 of Division 7 of Title 3 of the Education Code, except an auxiliary organization solely formed as or operating a student body association or student union, or a joint powers agency, except a joint powers agency established solely to provide services pursuant to Section 990.8, if all the following apply to the joint powers agency: (1) It is created as an agency or entity that is separate from the parties to the joint powers agreement pursuant to Section 6503.5. (2) It has its own employees separate from employees of the parties to the joint powers agreement. (3) Any of the following are true: (A) It provides educational services primarily performed by a school district, county board of education, or county superintendent of schools. (B) A school district, county board of education, or county superintendent of schools is designated in the joint powers agreement pursuant to Section 6509. (C) It is comprised solely of educational agencies. (l) “Recognized organization” or “recognized employee organization” means an employee organization that has been recognized by an employer as the exclusive representative pursuant to Article 5 (commencing with Section 3544). (m) “Supervisory employee” means an employee, regardless of job description, having authority in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to assign work to and direct them, or to adjust their grievances, or effectively recommend that action, if, in connection with the foregoing functions, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment. (Amended by Stats. 2012, Ch. 162, Sec. 54. (SB 1171) Effective January 1, 2013.)
  131. 3540.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 1. General Provisions [3540 - 3540.2] ( Article 1 added by Stats. 1975, Ch. 961. )

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    Certain school districts and county education offices must give specified officials at least 10 working days to review proposed agreements, and they must share financial-impact information.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 1. General Provisions [3540 - 3540.2] ( Article 1 added by Stats. 1975, Ch. 961. ) ## 3540.2. (a) A school district that has a qualified or negative certification pursuant to Section 42131 of the Education Code shall allow the county office of education in which the school district is located at least 10 working days to review and comment on any proposed agreement made between the exclusive representative and the public school employer, or designated representatives of the employer, pursuant to this chapter. The school district shall provide the county superintendent of schools with all information relevant to yield an understanding of the financial impact of that agreement. (b) The Superintendent shall develop a format for use by the appropriate parties in generating the financial information required pursuant to subdivision (a). (c) The county superintendent of schools shall notify the school district, the county board of education, the district superintendent, the governing board of the school district, and each parent and teacher organization of the district within those 10 days if, in his or her opinion, the agreement reviewed pursuant to subdivision (a) would endanger the fiscal well-being of the school district. (d) A school district shall provide the county superintendent of schools, upon request, with all information relevant to provide an understanding of the financial impact of any final collective bargaining agreement reached pursuant to Section 3543.2. (e) A county office of education, or a school district for which the county board of education serves as the governing board, that has a qualified or negative certification pursuant to Section 1240 of the Education Code shall allow the Superintendent at least 10 working days to review and comment on any proposed agreement or contract made between the exclusive representative and the public school employer, or designated representatives of the employer, pursuant to this chapter. The county superintendent of schools shall provide the Superintendent with all information relevant to yield an understanding of the financial impact of that agreement or contract. The Superintendent shall notify the county superintendent of schools, and the county board of education within those 10 days if, in his or her opinion, the proposed agreement or contract would endanger the fiscal well-being of the county office. (Amended by Stats. 2004, Ch. 52, Sec. 16. Effective June 21, 2004.)
  132. 3541.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 2. Administration [3541 - 3541.5] ( Article 2 added by Stats. 1975, Ch. 961. )

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    This section sets up the Public Employment Relations Board, describes how its members and key staff are appointed, and limits what board members may do or receive.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 2. Administration [3541 - 3541.5] ( Article 2 added by Stats. 1975, Ch. 961. ) ## 3541. (a) There is in state government the Public Employment Relations Board which shall be independent of any state agency and shall consist of five members. The members of the board shall be appointed by the Governor by and with the advice and consent of the Senate. One of the original members shall be chosen for a term of one year, one for a term of three years, and one for a term of five years. The first term for the two new members of the board resulting from the expansion of the board to five members shall be reduced by the Governor as necessary so that the term of only one member of the board shall expire in any given year. Thereafter, terms shall be for a period of five years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he or she succeeds. Members of the board shall be eligible for reappointment. The Governor shall select one member to serve as chairperson. A member of the board may be removed by the Governor upon notice and hearing for neglect of duty or malfeasance in office, but for no other cause. (b) A vacancy in the board shall not impair the right of the remaining members to exercise all the powers of the commission, and three members of the board shall at all times constitute a quorum. (c) The board may delegate its powers to any group of three or more board members. Nothing shall preclude any board member from participating in any case pending before the board. (d) Members of the board shall hold no other public office in the state, and shall not receive any other compensation for services rendered. (e) Each member of the board shall receive the salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2. In addition to his or her salary, each member of the board shall be reimbursed for all actual and necessary expenses incurred by him or her in the performance of his or her duties, subject to the rules of the Department of Human Resources relative to the payment of these expenses to state officers generally. (f) The board shall appoint an executive director who shall be the chief administrative officer. The executive director shall appoint other persons that may, from time to time, be deemed necessary for the performance of the board’s administrative functions, prescribe their duties, fix their compensation, and provide for reimbursement of their expenses in the amounts made available therefor by appropriation. The executive director shall be a person familiar with employer-employee relations. The executive director shall be subject to removal at the pleasure of the board. The Governor shall appoint a general counsel, upon the recommendation of the board, to assist the board in the performance of its functions under this chapter. The general counsel shall serve at the pleasure of the board. (g) The executive director and general counsel serving the board on December 31, 1977, shall become employees of the Public Employment Relations Board and shall continue to serve at the discretion of the board. A person so employed may, independently of the Attorney General, represent the board in any litigation or other matter pending in a court of law to which the board is a party or in which it is otherwise interested. (h) The Governor shall appoint one legal adviser for each member of the board upon the recommendation of that board member. Each appointee shall serve at the pleasure of the recommending board member and shall receive a salary as shall be fixed by the board with the approval of the Department of Human Resources. (i) Attorneys serving the board on May 19, 1978, shall not be appointed as legal advisers to board members pursuant to subdivision (h) until the time that they have attained permanent civil service status. (j) Notwithstanding subdivision (a), the member of the board appointed by the Governor for the term beginning on January 1, 1991, shall not be subject to the advice and consent of the Senate. (Amended by Stats. 2012, Ch. 665, Sec. 39. (SB 1308) Effective January 1, 2013.)
  133. 3541.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 2. Administration [3541 - 3541.5] ( Article 2 added by Stats. 1975, Ch. 961. )

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    The board has broad powers and duties over representation units, elections, regulations, hearings, investigations, enforcement, and related administration.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 2. Administration [3541 - 3541.5] ( Article 2 added by Stats. 1975, Ch. 961. ) ## 3541.3. The board shall have all of the following powers and duties: (a) To determine in disputed cases, or otherwise approve, appropriate units. (b) To determine in disputed cases whether a particular item is within or without the scope of representation. (c) To arrange for and supervise representation elections that shall be conducted by means of secret ballot elections, and certify the results of the elections. (d) To establish lists of persons broadly representative of the public and qualified by experience to be available to serve as mediators, arbitrators, or factfinders. (e) To establish by regulation appropriate procedures for review of proposals to change unit determinations. (f) Within its discretion, to conduct studies relating to employer-employee relations, including the collection, analysis, and making available of data relating to wages, benefits, and employment practices in public and private employment, and, when it appears necessary in its judgment to the accomplishment of the purposes of this chapter, recommend legislation. The board shall report to the Legislature by October 15 of each year on its activities during the immediately preceding fiscal year. The board may enter into contracts to develop and maintain research and training programs designed to assist public employers and employee organizations in the discharge of their mutual responsibilities under this chapter. (g) To adopt, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2, rules and regulations to carry out the provisions and effectuate the purposes and policies of this chapter. (h) To hold hearings, subpoena witnesses, administer oaths, take the testimony or deposition of any person, and, in connection therewith, to issue subpoenas duces tecum to require the production and examination of any employer’s or employee organization’s records, books, or papers relating to any matter within its jurisdiction. Notwithstanding Section 11425.10, Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 does not apply to a hearing by the board under this chapter, except a hearing to determine an unfair practice charge. (i) To investigate unfair practice charges or alleged violations of this chapter, and take any action and make any determinations in respect of these charges or alleged violations as the board deems necessary to effectuate the policies of this chapter, except that in an action to recover damages due to an unlawful strike, the board shall have no authority to award strike-preparation expenses as damages, and shall have no authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. (j) To bring an action in a court of competent jurisdiction to enforce any of its orders, decisions, or rulings, or to enforce the refusal to obey a subpoena. Upon issuance of a complaint charging that any person has engaged in or is engaging in an unfair practice, the board may petition the court for appropriate temporary relief or restraining order. (k) To delegate its powers to any member of the board or to any person appointed by the board for the performance of its functions, except that no fewer than two board members may participate in the determination of any ruling or decision on the merits of any dispute coming before it, and except that a decision to refuse to issue a complaint shall require the approval of two board members. (l) To decide contested matters involving recognition, certification, or decertification of employee organizations. (m) To consider and decide issues relating to rights, privileges, and duties of an employee organization in the event of a merger, amalgamation, or transfer of jurisdiction between two or more employee organizations. (n) To take any other action as the board deems necessary to discharge its powers and duties and otherwise to effectuate the purposes of this chapter. (Amended by Stats. 2012, Ch. 46, Sec. 9. (SB 1038) Effective June 27, 2012.)
  134. 3541.35.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 2. Administration [3541 - 3541.5] ( Article 2 added by Stats. 1975, Ch. 961. )

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    If an administrative law judge’s decision on recognition or certification of an employee organization is appealed, it becomes the board’s final order unless the board issues a superseding ruling within 180 days after the appeal is filed.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 2. Administration [3541 - 3541.5] ( Article 2 added by Stats. 1975, Ch. 961. ) ## 3541.35. Notwithstanding any other law, if a decision by an administrative law judge regarding the recognition or certification of an employee organization as described in subdivision (l) of Section 3541.3 is appealed, the decision shall be deemed the final order of the board if the board does not issue a ruling that supersedes the decision on or before 180 days after the appeal is filed. (Added by Stats. 2011, Ch. 242, Sec. 3. (SB 609) Effective January 1, 2012.)
  135. 3541.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 2. Administration [3541 - 3541.5] ( Article 2 added by Stats. 1975, Ch. 961. )

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    Any person who willfully interferes with a board member or its agents while they perform chapter duties commits a misdemeanor and may be fined up to $1,000.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 2. Administration [3541 - 3541.5] ( Article 2 added by Stats. 1975, Ch. 961. ) ## 3541.4. Any person who shall willfully resist, prevent, impede or interfere with any member of the board, or any of its agents, in the performance of duties pursuant to this chapter, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of not more than one thousand dollars ($1,000). (Added by Stats. 1975, Ch. 961.)
  136. 3541.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 2. Administration [3541 - 3541.5] ( Article 2 added by Stats. 1975, Ch. 961. )

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    The board controls unfair practice charges, including when complaints may be issued and what remedies it may order.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 2. Administration [3541 - 3541.5] ( Article 2 added by Stats. 1975, Ch. 961. ) ## 3541.5. The initial determination as to whether the charges of unfair practices are justified, and, if so, what remedy is necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the board. Procedures for investigating, hearing, and deciding these cases shall be devised and promulgated by the board and shall include all of the following: (a) Any employee, employee organization, or employer shall have the right to file an unfair practice charge, except that the board shall not do either of the following: (1) Issue a complaint in respect of any charge based upon an alleged unfair practice occurring more than six months prior to the filing of the charge. (2) Issue a complaint against conduct also prohibited by the provisions of the agreement between the parties until the grievance machinery of the agreement, if it exists and covers the matter at issue, has been exhausted, either by settlement or binding arbitration. However, when the charging party demonstrates that resort to contract grievance procedure would be futile, exhaustion shall not be necessary. The board shall have discretionary jurisdiction to review the settlement or arbitration award reached pursuant to the grievance machinery solely for the purpose of determining whether it is repugnant to the purposes of this chapter. If the board finds that the settlement or arbitration award is repugnant to the purposes of this chapter, it shall issue a complaint on the basis of a timely filed charge, and hear and decide the case on the merits. Otherwise, it shall dismiss the charge. The board shall, in determining whether the charge was timely filed, consider the six-month limitation set forth in this subdivision to have been tolled during the time it took the charging party to exhaust the grievance machinery. (b) The board shall not have the authority to enforce agreements between the parties, and shall not issue a complaint on any charge based on alleged violation of any agreement that would not also constitute an unfair practice under this chapter. (c) The board shall have the power to issue a decision and order directing an offending party to cease and desist from the unfair practice and to take such affirmative action, including but not limited to the reinstatement of employees with or without back pay, as will effectuate the policies of this chapter. (Amended by Stats. 1986, Ch. 248, Sec. 48.)
  137. 3542.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 3. Judicial Review [3542- 3542.] ( Article 3 added by Stats. 1975, Ch. 961. )

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    This section limits judicial review of certain unit determinations, allows review only in specified situations, and sets filing, notice, record, and enforcement steps for the board and courts.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 3. Judicial Review [3542- 3542.] ( Article 3 added by Stats. 1975, Ch. 961. ) ## 3542. (a) No employer or employee organization shall have the right to judicial review of a unit determination except: (1) when the board in response to a petition from an employer or employee organization, agrees that the case is one of special importance and joins in the request for such review; or (2) when the issue is raised as a defense to an unfair practice complaint. A board order directing an election shall not be stayed pending judicial review. Upon receipt of a board order joining in the request for judicial review, a party to the case may petition for a writ of extraordinary relief from the unit determination decision or order. (b) Any charging party, respondent, or intervenor aggrieved by a final decision or order of the board in an unfair practice case, except a decision of the board not to issue a complaint in such a case, may petition for a writ of extraordinary relief from such decision or order. (c) Such petition shall be filed in the district court of appeal in the appellate district where the unit determination or unfair practice dispute occurred. The petition shall be filed within 30 days after issuance of the board’s final order, order denying reconsideration, or order joining in the request for judicial review, as applicable. Upon the filing of such petition, the court shall cause notice to be served upon the board and thereupon shall have jurisdiction of the proceeding. The board shall file in the court the record of the proceeding, certified by the board, within 10 days after the clerk’s notice unless such time is extended by the court for good cause shown. The court shall have jurisdiction to grant to the board such temporary relief or restraining order it deems just and proper and in like manner to make and enter a decree enforcing, modifying, or setting aside the order of the board. The findings of the board with respect to questions of fact, including ultimate facts, if supported by substantial evidence on the record considered as a whole, are conclusive. The provisions of Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure relating to writs shall, except where specifically superseded herein, apply to proceedings pursuant to this section. (d) If the time to petition for extraordinary relief from a board decision has expired, the board may seek enforcement of any final decision or order in a district court of appeal or a superior court in the district where the unit determination or unfair practice case occurred. The board shall respond within 10 days to any inquiry from a party to the action as to why the board has not sought court enforcement of the final decision or order. If the response does not indicate that there has been compliance with the board’s final decision or order, the board shall seek enforcement of the final decision or order upon the request of the party. The board shall file in the court the record of the proceeding, certified by the board, and appropriate evidence disclosing the failure to comply with the decision or order. If, after hearing, the court determines that the order was issued pursuant to procedures established by the board and that the person or entity refuses to comply with the order, the court shall enforce such order by writ of mandamus. The court shall not review the merits of the order. (Amended by Stats. 1980, Ch. 1265.)
  138. 3543.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Practices [3543 - 3543.8] ( Article 4 added by Stats. 1975, Ch. 961. )

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    Public school employees have rights to organize, join employee organizations, self-represent, and present grievances, but some employees in a unit with an exclusive representative may be barred from direct bargaining and may have to pay a fair share services fee or join the organization if notice is given.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Practices [3543 - 3543.8] ( Article 4 added by Stats. 1975, Ch. 961. ) ## 3543. (a) Public school employees shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Public school employees shall have the right to represent themselves individually in their employment relations with the public school employer, except that once the employees in an appropriate unit have selected an exclusive representative and it has been recognized pursuant to Section 3544.1 or certified pursuant to Section 3544.7, an employee in that unit shall not meet and negotiate with the public school employer. If the exclusive representative of a unit provides notification, as specified by subdivision (a) of Section 3546, public school employees who are in a unit for which an exclusive representative has been selected, shall be required, as a condition of continued employment, to join the recognized employee organization or to pay the organization a fair share services fee, as required by Section 3546. If a majority of the members of a bargaining unit rescind that arrangement, either of the following options shall be applicable: (1) The recognized employee organization may petition for the reinstatement of the arrangement described in subdivision (a) of Section 3546 pursuant to the procedures in paragraph (2) of subdivision (d) of Section 3546. (2) The employees may negotiate either of the two forms of organizational security described in subdivision (i) of Section 3540.1. (b) An employee may at any time present grievances to his or her employer, and have those grievances adjusted, without the intervention of the exclusive representative, as long as the adjustment is reached prior to arbitration pursuant to Sections 3548.5, 3548.6, 3548.7, and 3548.8 and the adjustment is not inconsistent with the terms of a written agreement then in effect, provided that the public school employer shall not agree to a resolution of the grievance until the exclusive representative has received a copy of the grievance and the proposed resolution and has been given the opportunity to file a response. (Amended by Stats. 2008, Ch. 179, Sec. 83. Effective January 1, 2009.)
  139. 3543.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Practices [3543 - 3543.8] ( Article 4 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    Employee organizations have rights to represent members, access work areas and facilities, use communication channels, receive released time, and have dues deducted, subject to stated limits.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Practices [3543 - 3543.8] ( Article 4 added by Stats. 1975, Ch. 961. ) ## 3543.1. (a) Employee organizations shall have the right to represent their members in their employment relations with public school employers, except that once an employee organization is recognized or certified as the exclusive representative of an appropriate unit pursuant to Section 3544.1 or 3544.7, respectively, only that employee organization may represent that unit in their employment relations with the public school employer. Employee organizations may establish reasonable restrictions regarding who may join and may make reasonable provisions for the dismissal of individuals from membership. (b) Employee organizations shall have the right of access at reasonable times to areas in which employees work, the right to use institutional bulletin boards, mailboxes, and other means of communication, subject to reasonable regulation, and the right to use institutional facilities at reasonable times for the purpose of meetings concerned with the exercise of the rights guaranteed by this chapter. (c) A reasonable number of representatives of an exclusive representative shall have the right to receive reasonable periods of released time without loss of compensation when meeting and negotiating and for the processing of grievances. (d) All employee organizations shall have the right to have membership dues deducted pursuant to Sections 45060 and 45168 of the Education Code, until an employee organization is recognized as the exclusive representative for any of the employees in an appropriate unit, and then the deduction as to any employee in the negotiating unit shall not be permissible except to the exclusive representative. (Amended by Stats. 2006, Ch. 538, Sec. 228. Effective January 1, 2007.)
  140. 3543.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Practices [3543 - 3543.8] ( Article 4 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    This section limits bargaining topics in public school employment, requires written notice before certain changes, and requires negotiations on listed subjects when either side asks.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Practices [3543 - 3543.8] ( Article 4 added by Stats. 1975, Ch. 961. ) ## 3543.2. (a) (1) The scope of representation shall be limited to matters relating to wages, hours of employment, and other terms and conditions of employment. “Terms and conditions of employment” mean health and welfare benefits as defined by Section 53200, leave, transfer and reassignment policies, safety conditions of employment, class size, procedures to be used for the evaluation of employees, organizational security pursuant to Section 3546, procedures for processing grievances pursuant to Sections 3548.5, 3548.6, 3548.7, and 3548.8, the layoff of probationary certificated school district employees, pursuant to Section 44959.5 of the Education Code, and alternative compensation or benefits for employees adversely affected by pension limitations pursuant to former Section 22316 of the Education Code, as that section read on December 31, 1999, to the extent deemed reasonable and without violating the intent and purposes of Section 415 of the Internal Revenue Code. (2) A public school employer shall give reasonable written notice to the exclusive representative of the public school employer’s intent to make any change to matters within the scope of representation of the employees represented by the exclusive representative for purposes of providing the exclusive representative a reasonable amount of time to negotiate with the public school employer regarding the proposed changes. (3) The exclusive representative of certificated personnel has the right to consult on the definition of educational objectives, the determination of the content of courses and curriculum, and the selection of textbooks to the extent those matters are within the discretion of the public school employer under the law. (4) All matters not specifically enumerated are reserved to the public school employer and may not be a subject of meeting and negotiating, except that this section does not limit the right of the public school employer to consult with any employees or employee organization on any matter outside the scope of representation. (b) Notwithstanding Section 44944 of the Education Code, the public school employer and the exclusive representative shall, upon request of either party, meet and negotiate regarding causes and procedures for disciplinary action, other than dismissal, including a suspension of pay for up to 15 days, affecting certificated employees. If the public school employer and the exclusive representative do not reach mutual agreement, Section 44944 of the Education Code shall apply. (c) Notwithstanding Section 44955 of the Education Code, the public school employer and the exclusive representative shall, upon request of either party, meet and negotiate regarding procedures and criteria for the layoff of certificated employees for lack of funds. If the public school employer and the exclusive representative do not reach mutual agreement, Section 44955 of the Education Code shall apply. (d) Notwithstanding Section 45028 of the Education Code, the public school employer and the exclusive representative shall, upon request of either party, meet and negotiate regarding the payment of additional compensation based upon criteria other than years of training and years of experience. If the public school employer and the exclusive representative do not reach mutual agreement, Section 45028 of the Education Code shall apply. (e) Pursuant to Section 45028 of the Education Code, the public school employer and the exclusive representative shall, upon the request of either party, meet and negotiate a salary schedule based on criteria other than a uniform allowance for years of training and years of experience. If the public school employer and the exclusive representative do not reach mutual agreement, the provisions of Section 45028 of the Education Code requiring a salary schedule based upon a uniform allowance for years of training and years of experience shall apply. A salary schedule established pursuant to this subdivision shall not result in the reduction of the salary of a teacher. (Amended by Stats. 2014, Ch. 801, Sec. 1. (AB 1611) Effective January 1, 2015.)
  141. 3543.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Practices [3543 - 3543.8] ( Article 4 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    A public school employer must meet and negotiate only with the exclusive representatives of appropriate employee units when requested, on matters within the scope of representation.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Practices [3543 - 3543.8] ( Article 4 added by Stats. 1975, Ch. 961. ) ## 3543.3. A public school employer or such representatives as it may designate who may, but need not be, subject to either certification requirements or requirements for classified employees set forth in the Education Code, shall meet and negotiate with and only with representatives of employee organizations selected as exclusive representatives of appropriate units upon request with regard to matters within the scope of representation. (Added by Stats. 1975, Ch. 961.)
  142. 3543.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Practices [3543 - 3543.8] ( Article 4 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    People in management, senior management, or confidential positions may not be represented by an exclusive representative.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Practices [3543 - 3543.8] ( Article 4 added by Stats. 1975, Ch. 961. ) ## 3543.4. A person serving in a management position, senior management position, or a confidential position may not be represented by an exclusive representative. Any person serving in such a position may represent himself or herself individually or by an employee organization whose membership is composed entirely of employees designated as holding those positions, in his or her employment relationship with the public school employer, but, in no case, shall such an organization meet and negotiate with the public school employer. A representative may not be permitted by a public school employer to meet and negotiate on any benefit or compensation paid to persons serving in a management position, senior management position, or a confidential position. (Amended by Stats. 2001, Ch. 159, Sec. 102. Effective January 1, 2002.)
  143. 3543.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Practices [3543 - 3543.8] ( Article 4 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    A public school employer must not interfere with employee rights, deny employee organization rights, bargain in bad faith, dominate employee organizations, or refuse to participate in the impasse procedure.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Practices [3543 - 3543.8] ( Article 4 added by Stats. 1975, Ch. 961. ) ## 3543.5. It is unlawful for a public school employer to do any of the following: (a) Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by this chapter. For purposes of this subdivision, “employee” includes an applicant for employment or reemployment. (b) Deny to employee organizations rights guaranteed to them by this chapter. (c) Refuse or fail to meet and negotiate in good faith with an exclusive representative. Knowingly providing an exclusive representative with inaccurate information, whether or not in response to a request for information, regarding the financial resources of the public school employer constitutes a refusal or failure to meet and negotiate in good faith. (d) Dominate or interfere with the formation or administration of any employee organization, or contribute financial or other support to it, or in any way encourage employees to join any organization in preference to another. (e) Refuse to participate in good faith in the impasse procedure set forth in Article 9 (commencing with Section 3548). (Amended by Stats. 2003, Ch. 276, Sec. 1. Effective January 1, 2004.)
  144. 3543.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Practices [3543 - 3543.8] ( Article 4 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    Employee organizations are prohibited from causing certain violations, mistreating employees for exercising chapter rights, and failing to bargain or participate in good faith.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Practices [3543 - 3543.8] ( Article 4 added by Stats. 1975, Ch. 961. ) ## 3543.6. It shall be unlawful for an employee organization to: (a) Cause or attempt to cause a public school employer to violate Section 3543. 5. (b) Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by this chapter. (c) Refuse or fail to meet and negotiate in good faith with a public school employer of any of the employees of which it is the exclusive representative. (d) Refuse to participate in good faith in the impasse procedure set forth in Article 9 (commencing with Section 3548). (Added by Stats. 1975, Ch. 961.)
  145. 3543.7.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Practices [3543 - 3543.8] ( Article 4 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    The parties must negotiate in good faith and start negotiations early enough before the final budget for the next year is adopted.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Practices [3543 - 3543.8] ( Article 4 added by Stats. 1975, Ch. 961. ) ## 3543.7. The duty to meet and negotiate in good faith requires the parties to begin negotiations prior to the adoption of the final budget for the ensuing year sufficiently in advance of such adoption date so that there is adequate time for agreement to be reached, or for the resolution of an impasse. (Added by Stats. 1975, Ch. 961.)
  146. 3543.8.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Practices [3543 - 3543.8] ( Article 4 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    An employee organization can sue on behalf of its members, and it may serve a written settlement offer before a hearing if the dispute involves state-law wages, benefits, or working conditions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Practices [3543 - 3543.8] ( Article 4 added by Stats. 1975, Ch. 961. ) ## 3543.8. (a) Any employee organization shall have standing to sue in any action or proceeding heretofore or hereafter instituted by it as representative and on behalf of one or more of its members. (b) (1) At any time not less than 10 days before commencement of a hearing to resolve a dispute alleging that the employer failed to provide wages, benefits, or working conditions required by state law, an employee organization may serve an offer in writing upon the employer to settle the dispute for a specified amount or other consideration such as a change in employer policy. The written offer shall include a statement of the offer amount or other consideration, the terms and conditions by which that amount or other consideration shall be tendered to the employee, and a provision that allows the employer to indicate acceptance of the offer by signing a statement that the offer is accepted. An acceptance of the offer, whether made on the document containing the offer or on a separate document of acceptance, shall be in writing and shall be signed by counsel for the employer, or, if not represented by counsel, by the employer. (2) If the offer is accepted, receipt of the specified amount or other consideration shall constitute a full satisfaction of the claim. (3) If the offer is not accepted before the hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given in evidence in the action. (4) For purposes of this subdivision, a hearing shall be deemed to be actually commenced at the beginning of the oral argument or opening statement of the plaintiff or counsel, or, if there is no opening statement, at the time of the administering of the oath or affirmation to the first witness, or the introduction of any evidence. (5) (A) If an offer made by an employee organization is not accepted and the employer fails to obtain a more favorable judgment or award from the action or proceeding, the employer shall pay the reasonable postoffer attorney’s fees and expenses of the employee organization. (B) Subparagraph (A) shall not apply if the adjudicator to the action or proceeding finds that the employer has raised substantial and credible issues involving complex or significant questions of law or fact relative to the employee’s claim or claims. (6) This subdivision does not apply to unfair practice or arbitration proceedings under this chapter. (Amended by Stats. 2017, Ch. 812, Sec. 1. (SB 550) Effective January 1, 2018.)
  147. 3544.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 5. Employee Organizations: Representation, Recognition, Certification, and Decertification [3544 - 3544.9] ( Article 5 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    An employee organization may seek exclusive representative status by filing a request showing majority support, and the public school employer must post notice of the request immediately.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 5. Employee Organizations: Representation, Recognition, Certification, and Decertification [3544 - 3544.9] ( Article 5 added by Stats. 1975, Ch. 961. ) ## 3544. (a) An employee organization may become the exclusive representative for the employees of an appropriate unit for purposes of meeting and negotiating by filing a request with a public school employer alleging that a majority of the employees in an appropriate unit wish to be represented by such organization and asking the public school employer to recognize it as the exclusive representative. The request shall describe the grouping of jobs or positions which constitute the unit claimed to be appropriate and shall be based upon majority support on the basis of current dues deduction authorizations or other evidence such as notarized membership lists, or membership cards, or petitions designating the organization as the exclusive representative of the employees. Notice of any such request shall immediately be posted conspicuously on all employee bulletin boards in each facility of the public school employer in which members of the unit claimed to be appropriate are employed. (b) The employee organization shall submit proof of majority support to the board. The information submitted to the board shall remain confidential and not be disclosed by the board. The board shall obtain from the employer the information necessary for it to carry out its responsibilities pursuant to this section and shall report to the employee organization and the public school employer as to whether the proof of majority support is adequate. (Amended by Stats. 1977, Ch. 1084.)
  148. 3544.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 5. Employee Organizations: Representation, Recognition, Certification, and Decertification [3544 - 3544.9] ( Article 5 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    A public school employer must grant a recognition request unless specified exceptions apply.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 5. Employee Organizations: Representation, Recognition, Certification, and Decertification [3544 - 3544.9] ( Article 5 added by Stats. 1975, Ch. 961. ) ## 3544.1. The public school employer shall grant a request for recognition filed pursuant to Section 3544, unless any of the following apply: (a) The public school employer doubts the appropriateness of a unit. (b) Another employee organization either files with the public school employer a challenge to the appropriateness of the unit or submits a competing claim of representation within 15 workdays of the posting of notice of the written request. The claim shall be evidenced by current dues deductions authorizations or other evidence such as notarized membership lists, or membership cards, or petitions signed by employees in the unit indicating their desire to be represented by the organization. The evidence shall be submitted to the board, and shall remain confidential and not be disclosed by the board. The board shall obtain from the employer the information necessary for it to carry out its responsibilities pursuant to this section and shall report to the employee organizations seeking recognition and to the public school employer as to the adequacy of the evidence. If the claim is evidenced by the support of at least 30 percent of the members of an appropriate unit, a question of representation exists and the board shall conduct a representation election pursuant to Section 3544.7, unless subdivision (c) or (d) of this section applies. (c) There is currently in effect a lawful written agreement negotiated by the public school employer and another employee organization covering any employees included in the unit described in the request for recognition, unless the request for recognition is filed less than 120 days, but more than 90 days, prior to the expiration date of the agreement. (d) The public school employer has, within the previous 12 months, lawfully recognized another employee organization as the exclusive representative of any employees included in the unit described in the request for recognition. (Amended by Stats. 2003, Ch. 190, Sec. 2. Effective January 1, 2004.)
  149. 3544.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 5. Employee Organizations: Representation, Recognition, Certification, and Decertification [3544 - 3544.9] ( Article 5 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    If no employee organization has claimed majority support by January 1, a majority of employees may petition for a representation election, and the public school employer must post notice and later send the petition and eligible organizations to the board.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 5. Employee Organizations: Representation, Recognition, Certification, and Decertification [3544 - 3544.9] ( Article 5 added by Stats. 1975, Ch. 961. ) ## 3544.3. If, by January 1 of any school year, no employee organization has made a claim of majority support in an appropriate unit pursuant to Section 3544, a majority of employees of an appropriate unit may submit to a public school employer a petition signed by at least a majority of the employees in the appropriate unit requesting a representation election. An employee may sign such a petition though not a member of any employee organization. Upon the filing of such a petition, the public school employer shall immediately post a notice of such request upon all employee bulletin boards at each school or other facility in which members of the unit claimed to be appropriate are employed. Any employee organization shall have the right to appear on the ballot if, within 15 workdays after the posting of such notice, it makes the showing of interest required by subdivision (b) of Section 3544.1. Immediately upon expiration of the 15-workday period following the posting of the notice, the public school employer shall transmit to the board the petition and the names of all employee organizations that have the right to appear on the ballot. (Added by Stats. 1975, Ch. 961.)
  150. 3544.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 5. Employee Organizations: Representation, Recognition, Certification, and Decertification [3544 - 3544.9] ( Article 5 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    A petition may be filed with the board to ask it to investigate representation questions or the appropriateness of a unit, if the listed filing conditions are met.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 5. Employee Organizations: Representation, Recognition, Certification, and Decertification [3544 - 3544.9] ( Article 5 added by Stats. 1975, Ch. 961. ) ## 3544.5. A petition may be filed with the board, in accordance with its rules and regulations, requesting it to investigate and decide the question of whether employees have selected or wish to select an exclusive representative or to determine the appropriateness of a unit, by: (a) A public school employer alleging that it doubts the appropriateness of the claimed unit; or (b) An employee organization alleging that it has filed a request for recognition as an exclusive representative with a public school employer and that the request has been denied or has not been acted upon within 30 days after the filing of the request; or (c) An employee organization alleging that it has filed a competing claim of representation pursuant to subdivision (b) of Section 3544.1; or (d) An employee organization alleging that the employees in an appropriate unit no longer desire a particular employee organization as their exclusive representative, provided that such petition is supported by evidence of support such as notarized membership lists, cards, or petitions from 30 percent of the employees in the negotiating unit indicating support for another organization or lack of support for the incumbent exclusive representative. Such evidence of support shall be submitted to the board, and shall remain confidential and not be disclosed by the board. The board shall obtain from the employer the information necessary for it to carry out its responsibilities pursuant to this section and shall report to the employee organizations seeking recognition and to the public school employer as to the adequacy of the evidence of support. (Amended by Stats. 1978, Ch. 194.)
  151. 3544.7.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 5. Employee Organizations: Representation, Recognition, Certification, and Decertification [3544 - 3544.9] ( Article 5 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    The board must investigate or hold hearings on qualifying petitions, and if it finds a representation question it must hold a secret-ballot election and certify the results. Ballots must include “no representation,” voters may choose only one option, and ballots with more than one choice are void. If no option gets a majority, a runoff election is required.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 5. Employee Organizations: Representation, Recognition, Certification, and Decertification [3544 - 3544.9] ( Article 5 added by Stats. 1975, Ch. 961. ) ## 3544.7. (a) Upon receipt of a petition filed pursuant to Section 3544.3 or 3544.5, the board shall conduct inquiries and investigations or hold any hearings it deems necessary in order to decide the questions raised by the petition. The determination of the board may be based upon the evidence adduced in the inquiries, investigations, or hearing. However, if the board finds on the basis of the evidence that a question of representation exists, or a question of representation exists pursuant to subdivision (b) of Section 3544.1, it shall order that an election be conducted by secret ballot and it shall certify the results of the election on the basis of which ballot choice received a majority of the valid votes cast. There shall be printed on each ballot the statement: “no representation.” No voter shall record more than one choice on his or her ballot. Any ballot upon which there is recorded more than one choice shall be void and shall not be counted for any purpose. If at any election no choice on the ballot receives a majority of the votes cast, a runoff election shall be conducted. The ballot for the runoff election shall provide for a selection between the two choices receiving the largest and second largest number of valid votes cast in the election. (b) An election may not be held and the petition shall be dismissed if either of the following exist: (1) There is currently in effect a lawful written agreement negotiated by the public school employer and another employee organization covering any employees included in the unit described in the request for recognition, or unless the request for recognition is filed less than 120 days, but more than 90 days, prior to the expiration date of the agreement. (2) The public school employer has, within the previous 12 months, lawfully recognized an employee organization other than the petitioner as the exclusive representative of any employees included in the unit described in the petition. (Amended by Stats. 2003, Ch. 190, Sec. 3. Effective January 1, 2004.)
  152. 3544.9.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 5. Employee Organizations: Representation, Recognition, Certification, and Decertification [3544 - 3544.9] ( Article 5 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    An employee organization that is recognized or certified as the exclusive representative must fairly represent every employee in the appropriate unit.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 5. Employee Organizations: Representation, Recognition, Certification, and Decertification [3544 - 3544.9] ( Article 5 added by Stats. 1975, Ch. 961. ) ## 3544.9. The employee organization recognized or certified as the exclusive representative for the purpose of meeting and negotiating shall fairly represent each and every employee in the appropriate unit. (Added by Stats. 1975, Ch. 961.)
  153. 3545.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 6. Unit Determinations [3545- 3545.] ( Article 6 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    The board must decide unit appropriateness based on community of interest and related factors, and certain employee groups cannot be combined in the same negotiating unit except as stated.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 6. Unit Determinations [3545- 3545.] ( Article 6 added by Stats. 1975, Ch. 961. ) ## 3545. (a) In each case where the appropriateness of the unit is an issue, the board shall decide the question on the basis of the community of interest between and among the employees and their established practices including, among other things, the extent to which such employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district. (b) In all cases: (1) A negotiating unit that includes classroom teachers shall not be appropriate unless it at least includes all of the classroom teachers employed by the public school employer, except management employees, supervisory employees, and confidential employees. (2) Except as provided in subdivision (c), a negotiating unit of supervisory employees shall not be appropriate unless it includes all supervisory employees employed by the district and shall not be represented by the same employee organization as employees whom the supervisory employees supervise. (3) Classified employees and certificated employees shall not be included in the same negotiating unit. (c) In the case of a district which employs 20 or more supervisory peace officer employees, a negotiating unit of supervisory employees shall be appropriate if it includes any of the following: (1) All supervisory nonpeace officer employees employed by the district and all supervisory peace officer employees employed by the district. (2) All supervisory nonpeace officer employees employed by the district, exclusively. (3) All supervisory peace officer employees employed by the district, exclusively. A negotiating unit of supervisory employees shall not be represented by the same employee organization as employees whom the supervisory employees supervise. (Amended by Stats. 1984, Ch. 832, Sec. 1.)
  154. 3546.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 7. Organizational Security [3546 - 3546.5] ( Article 7 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    This section lets an employer deduct a fair-share service fee from covered employees’ wages after notice, requires employees to join the recognized organization or pay the fee as a condition of continued employment, and gives fee payers a rebate or fee reduction for non-germane costs on request.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 7. Organizational Security [3546 - 3546.5] ( Article 7 added by Stats. 1975, Ch. 961. ) ## 3546. (a) Notwithstanding any other provision of law, upon receiving notice from the exclusive representative of a public school employee who is in a unit for which an exclusive representative has been selected pursuant to this chapter, the employer shall deduct the amount of the fair share service fee authorized by this section from the wages and salary of the employee and pay that amount to the employee organization. Thereafter, the employee shall, as a condition of continued employment, be required either to join the recognized employee organization or pay the fair share service fee. The amount of the fee shall not exceed the dues that are payable by members of the employee organization, and shall cover the cost of negotiation, contract administration, and other activities of the employee organization that are germane to its functions as the exclusive bargaining representative. Agency fee payers shall have the right, pursuant to regulations adopted by the Public Employment Relations Board, to receive a rebate or fee reduction upon request, of that portion of their fee that is not devoted to the cost of negotiations, contract administration, and other activities of the employee organization that are germane to its function as the exclusive bargaining representative. (b) The costs covered by the fee under this section may include, but shall not necessarily be limited to, the cost of lobbying activities designed to foster collective bargaining negotiations and contract administration, or to secure for the represented employees advantages in wages, hours, and other conditions of employment in addition to those secured through meeting and negotiating with the employer. (c) The arrangement described in subdivision (a) shall remain in effect unless it is rescinded pursuant to subdivision (d). The employer shall remain neutral, and shall not participate in any election conducted under this section unless required to do so by the board. (d) (1) The arrangement described in subdivision (a) may be rescinded by a majority vote of all the employees in the negotiating unit subject to that arrangement, if a request for a vote is supported by a petition containing 30 percent of the employees in the negotiating unit, the signatures are obtained in one academic year. There shall not be more than one vote taken during the term of any collective bargaining agreement in effect on or after January 1, 2001. (2) If the arrangement described in subdivision (a) is rescinded pursuant to paragraph (1), a majority of all employees in the negotiating unit may request that the arrangement be reinstated. That request shall be submitted to the board along with a petition containing the signatures of at least 30 percent of the employees in the negotiating unit. The vote shall be conducted at the worksite by secret ballot, and shall be conducted no sooner than one year after the rescission of the arrangement under this subdivision. (3) If the board determines that the appropriate number of signatures have been collected, it shall conduct the vote to rescind or reinstate in a manner that it shall prescribe in accordance with this subdivision. (4) The cost of conducting an election under this subdivision to reinstate the organizational security arrangement shall be borne by the petitioning party and the cost of conducting an election to rescind the arrangement shall be borne by the board. (e) The recognized employee organization shall indemnify and hold the public school employer harmless against any reasonable legal fees, legal costs, and settlement or judgment liability arising from any court or administrative action relating to the school district’s compliance with this section. The recognized employee organization shall have the exclusive right to determine whether any such action or proceeding shall or shall not be compromised, resisted, defended, tried, or appealed. This indemnification and hold harmless duty shall not apply to actions related to compliance with this section brought by the exclusive representative of district employees against the public school employer. (f) The employer of a public school employee shall provide the exclusive representative of a public employee with the home address of each member of a bargaining unit, regardless of when that employee commences employment, so that the exclusive representative can comply with the notification requirements set forth by the United States Supreme Court in Chicago Teachers Union v. Hudson (1986) 89 L.Ed. 2d 232. (Amended by Stats. 2001, Ch. 805, Sec. 2. Effective January 1, 2002.)
  155. 3546.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 7. Organizational Security [3546 - 3546.5] ( Article 7 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    Certain employees with religious objections cannot be required to join or financially support an employee organization, but they may have to pay an equivalent amount to a specified charitable or similar fund.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 7. Organizational Security [3546 - 3546.5] ( Article 7 added by Stats. 1975, Ch. 961. ) ## 3546.3. Notwithstanding subdivision (i) of Section 3540.1, Section 3546, or any other provision of this chapter, any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to join, maintain membership in, or financially support any employee organization as a condition of employment; except that such employee may be required, in lieu of a service fee, to pay sums equal to such service fee either to a nonreligious, nonlabor organization, charitable fund exempt from taxation under Section 501(c)(3) of Title 26 of the Internal Revenue Code, chosen by such employee from a list of at least three such funds, designated in the organizational security arrangement, or if the arrangement fails to designate such funds, then to any such fund chosen by the employee. Either the employee organization or the public school employer may require that proof of such payments be made on an annual basis to the public school employer as a condition of continued exemption from the requirement of financial support to the recognized employee organization. If such employee who holds conscientious objections pursuant to this section requests the employee organization to use the grievance procedure or arbitration procedure on the employee’s behalf, the employee organization is authorized to charge the employee for the reasonable cost of using such procedure. (Added by Stats. 1980, Ch. 816.)
  156. 3546.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 7. Organizational Security [3546 - 3546.5] ( Article 7 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    Recognized or certified employee organizations must keep itemized financial records and give an annual financial report to the board and their members within 60 days after fiscal year end.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 7. Organizational Security [3546 - 3546.5] ( Article 7 added by Stats. 1975, Ch. 961. ) ## 3546.5. Every recognized or certified employee organization shall keep an adequate itemized record of its financial transactions and shall make available annually, to the board and to the employees who are members of the organization, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, signed and certified as to accuracy by its president and treasurer, or corresponding principal officers. In the event of failure of compliance with this section, any employee within the organization may petition the board for an order compelling such compliance, or the board may issue such compliance order on its motion. (Amended by Stats. 1977, Ch. 185.)
  157. 3547.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 8. Public Notice [3547 - 3547.5] ( Article 8 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    Initial proposals by exclusive representatives and public school employers must be presented publicly and become public records; the public school employer must adopt its initial proposal at a public meeting after giving the public a chance to comment.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 8. Public Notice [3547 - 3547.5] ( Article 8 added by Stats. 1975, Ch. 961. ) ## 3547. (a) All initial proposals of exclusive representatives and of public school employers, which relate to matters within the scope of representation, shall be presented at a public meeting of the public school employer and thereafter shall be public records. (b) Meeting and negotiating shall not take place on any proposal until a reasonable time has elapsed after the submission of the proposal to enable the public to become informed and the public has the opportunity to express itself regarding the proposal at a meeting of the public school employer. (c) After the public has had the opportunity to express itself, the public school employer shall, at a meeting which is open to the public, adopt its initial proposal. (d) New subjects of meeting and negotiating arising after the presentation of initial proposals shall be made public within 24 hours. If a vote is taken on such subject by the public school employer, the vote thereon by each member voting shall also be made public within 24 hours. (e) The board may adopt regulations for the purpose of implementing this section, which are consistent with the intent of the section; namely that the public be informed of the issues that are being negotiated upon and have full opportunity to express their views on the issues to the public school employer, and to know of the positions of their elected representatives. (Added by Stats. 1975, Ch. 961.)
  158. 3547.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 8. Public Notice [3547 - 3547.5] ( Article 8 added by Stats. 1975, Ch. 961. )

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    A public school employer must disclose key agreement terms at a public meeting before signing certain agreements, and district officials must certify that agreement costs can be covered.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 8. Public Notice [3547 - 3547.5] ( Article 8 added by Stats. 1975, Ch. 961. ) ## 3547.5. (a) Before a public school employer enters into a written agreement with an exclusive representative covering matters within the scope of representation, the major provisions of the agreement, including, but not limited to, the costs that would be incurred by the public school employer under the agreement for the current and subsequent fiscal years, shall be disclosed at a public meeting of the public school employer in a format established for this purpose by the Superintendent of Public Instruction. (b) The superintendent of the school district and chief business official shall certify in writing that the costs incurred by the school district under the agreement can be met by the district during the term of the agreement. This certification shall be prepared in a format similar to that of the reports required pursuant to Sections 42130 and 42131 of the Education Code and shall itemize any budget revision necessary to meet the costs of the agreement in each year of its term. (c) If a school district does not adopt all of the revisions to its budget needed in the current fiscal year to meet the costs of a collective bargaining agreement, the county superintendent of schools shall issue a qualified or negative certification for the district on the next interim report pursuant to Section 42131 of the Education Code. (Amended by Stats. 2004, Ch. 52, Sec. 17. Effective June 21, 2004.)
  159. 3548.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 9. Impasse Procedures [3548 - 3548.8] ( Article 9 added by Stats. 1975, Ch. 961. )

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    Either a public school employer or the exclusive representative may declare an impasse and ask the board to appoint a mediator. If the board finds an impasse, it must appoint a mediator within five working days; the mediator must meet with the parties and try to help resolve the dispute.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 9. Impasse Procedures [3548 - 3548.8] ( Article 9 added by Stats. 1975, Ch. 961. ) ## 3548. Either a public school employer or the exclusive representative may declare that an impasse has been reached between the parties in negotiations over matters within the scope of representation and may request the board to appoint a mediator for the purpose of assisting them in reconciling their differences and resolving the controversy on terms which are mutually acceptable. If the board determines that an impasse exists, it shall, in no event later than five working days after the receipt of a request, appoint a mediator in accordance with such rules as it shall prescribe. The mediator shall meet forthwith with the parties or their representatives, either jointly or separately, and shall take such other steps as he may deem appropriate in order to persuade the parties to resolve their differences and effect a mutually acceptable agreement. The services of the mediator, including any per diem fees, and actual and necessary travel and subsistence expenses, shall be provided by the board without cost to the parties. Nothing in this section shall be construed to prevent the parties from mutually agreeing upon their own mediation procedure and in the event of such agreement, the board shall not appoint its own mediator, unless failure to do so would be inconsistent with the policies of this chapter. If the parties agree upon their own mediation procedure, the cost of the services of any appointed mediator, unless appointed by the board, including any per diem fees, and actual and necessary travel and subsistence expenses, shall be borne equally by the parties. (Added by Stats. 1975, Ch. 961.)
  160. 3548.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 9. Impasse Procedures [3548 - 3548.8] ( Article 9 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    If the mediator cannot settle the dispute within 15 days and says factfinding is appropriate, either party may request a factfinding panel in writing.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 9. Impasse Procedures [3548 - 3548.8] ( Article 9 added by Stats. 1975, Ch. 961. ) ## 3548.1. (a) If the mediator is unable to effect settlement of the controversy within 15 days after his appointment and the mediator declares that factfinding is appropriate to the resolution of the impasse, either party may, by written notification to the other, request that their differences be submitted to a factfinding panel. Within five days after receipt of the written request, each party shall select a person to serve as its member of the factfinding panel. The board shall, within five days after such selection, select a chairperson of the factfinding panel. The chairperson designated by the board shall not, without the consent of both parties, be the same person who served as mediator pursuant to Section 3548. (b) Within five days after the board selects a chairperson of the factfinding panel, the parties may mutually agree upon a person to serve as chairperson in lieu of the person selected by the board. (Amended by Stats. 1980, Ch. 949.)
  161. 3548.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 9. Impasse Procedures [3548 - 3548.8] ( Article 9 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    The panel must meet with the parties within 10 days of appointment and may investigate, hold hearings, and issue subpoenas. State and local educational bodies must provide records and information on request.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 9. Impasse Procedures [3548 - 3548.8] ( Article 9 added by Stats. 1975, Ch. 961. ) ## 3548.2. (a) The panel shall, within 10 days after its appointment, meet with the parties or their representatives, either jointly or separately, and may make inquiries and investigations, hold hearings, and take any other steps as it may deem appropriate. For the purpose of the hearings, investigations, and inquiries, the panel shall have the power to issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence. The several departments, commissions, divisions, authorities, boards, bureaus, agencies, and officers of the state, or any political subdivision or agency thereof, including any board of education, shall furnish the panel, upon its request, with all records, papers and information in their possession relating to any matter under investigation by or in issue before the panel. (b) In arriving at their findings and recommendations, the factfinders shall consider, weigh, and be guided by all the following criteria: (1) State and federal laws that are applicable to the employer. (2) Stipulations of the parties. (3) The interests and welfare of the public and the financial ability of the public school employer. (4) Comparison of the wages, hours, and conditions of employment of the employees involved in the factfinding proceeding with the wages, hours, and conditions of employment of other employees performing similar services and with other employees generally in public school employment in comparable communities. (5) The consumer price index for goods and services, commonly known as the cost of living. (6) The overall compensation presently received by the employees, including direct wage compensation, vacations, holidays, and other excused time, insurance and pensions, medical and hospitalization benefits; the continuity and stability of employment; and all other benefits received. (7) Any other facts, not confined to those specified in paragraphs (1) to (6), inclusive, which are normally or traditionally taken into consideration in making the findings and recommendations. (Amended by Stats. 1988, Ch. 160, Sec. 55.)
  162. 3548.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 9. Impasse Procedures [3548 - 3548.8] ( Article 9 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    If an impasse is not settled in time, the panel must issue findings and recommended settlement terms, which are advisory only, and the public school employer must publish them within 10 days.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 9. Impasse Procedures [3548 - 3548.8] ( Article 9 added by Stats. 1975, Ch. 961. ) ## 3548.3. (a) If the dispute is not settled within 30 days after the appointment of the panel, or, upon agreement by both parties, within a longer period, the panel shall make findings of fact and recommend terms of settlement, which recommendations shall be advisory only. Any findings of fact and recommended terms of settlement shall be submitted in writing to the parties privately before they are made public. The public school employer shall make such findings and recommendations public within 10 days after their receipt. (b) The costs for the services of the panel chairperson selected by the board, including per diem fees, if any, and actual and necessary travel and subsistence expenses shall be borne by the board. (c) The costs for the services of the panel chairperson agreed upon by the parties shall be equally divided between the parties, and shall include per diem fees and actual and necessary travel and subsistence expenses. The per diem fees shall not exceed the per diem fees stated on the chairperson’s resume on file with the board. The chairperson’s bill showing the amount payable by the parties shall accompany his final report to the parties and the board. The chairperson may submit interim bills to the parties in the course of the proceedings, and copies of such interim bills shall also be sent to the board. The parties shall make payment directly to the chairperson. (d) Any other mutually incurred costs shall be borne equally by the public school employer and the exclusive representative. Any separately incurred costs for the panel member selected by each party, shall be borne by such party. (Amended by Stats. 1980, Ch. 949.)
  163. 3548.4.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 9. Impasse Procedures [3548 - 3548.8] ( Article 9 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    The mediator appointed under Section 3548 may continue mediation efforts.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 9. Impasse Procedures [3548 - 3548.8] ( Article 9 added by Stats. 1975, Ch. 961. ) ## 3548.4. Nothing in this article shall be construed to prohibit the mediator appointed pursuant to Section 3548 from continuing mediation efforts on the basis of the findings of fact and recommended terms of settlement made pursuant to Section 3548.3. (Added by Stats. 1975, Ch. 961.)
  164. 3548.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 9. Impasse Procedures [3548 - 3548.8] ( Article 9 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    A public school employer and an exclusive representative may add final and binding arbitration procedures to a written agreement covering matters within the scope of representation.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 9. Impasse Procedures [3548 - 3548.8] ( Article 9 added by Stats. 1975, Ch. 961. ) ## 3548.5. A public school employer and an exclusive representative who enter into a written agreement covering matters within the scope of representation may include in the agreement procedures for final and binding arbitration of such disputes as may arise involving the interpretation, application, or violation of the agreement. (Added by Stats. 1975, Ch. 961.)
  165. 3548.6.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 9. Impasse Procedures [3548 - 3548.8] ( Article 9 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    If the written agreement lacks procedures authorized by Section 3548.5, both parties may agree to send disputes to final and binding arbitration under the board’s rules.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 9. Impasse Procedures [3548 - 3548.8] ( Article 9 added by Stats. 1975, Ch. 961. ) ## 3548.6. If the written agreement does not include procedures authorized by Section 3548.5, both parties to the agreement may agree to submit any disputes involving the interpretation, application, or violation of the agreement to final and binding arbitration pursuant to the rules of the board. (Added by Stats. 1975, Ch. 961.)
  166. 3548.7.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 9. Impasse Procedures [3548 - 3548.8] ( Article 9 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    If one party to a written agreement is aggrieved by the other party’s failure to go to arbitration, the aggrieved party may go to court to ask for an order requiring arbitration to proceed.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 9. Impasse Procedures [3548 - 3548.8] ( Article 9 added by Stats. 1975, Ch. 961. ) ## 3548.7. Where a party to a written agreement is aggrieved by the failure, neglect, or refusal of the other party to proceed to arbitration pursuant to the procedures provided therefor in the agreement or pursuant to an agreement made pursuant to Section 3548.6, the aggrieved party may bring proceedings pursuant to Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure for a court order directing that the arbitration proceed pursuant to the procedures provided therefor in such agreement or pursuant to Section 3548.6. (Added by Stats. 1975, Ch. 961.)
  167. 3548.8.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 9. Impasse Procedures [3548 - 3548.8] ( Article 9 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    An arbitration award under the cited sections is final and binding on the parties, and a court may enforce it under the referenced civil procedure title.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 9. Impasse Procedures [3548 - 3548.8] ( Article 9 added by Stats. 1975, Ch. 961. ) ## 3548.8. An arbitration award made pursuant to Section 3548.5, 3548.6, or 3548. 7 shall be final and binding upon the parties and may be enforced by a court pursuant to Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure. (Amended by Stats. 1976, Ch. 421.)
  168. 3549.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 10. Miscellaneous [3549 - 3549.3] ( Article 10 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    This section says the chapter does not make Labor Code Section 923 apply to public school employees, does not stop a public school employer from making the final decision on matters in Section 3543.2, and does not let a court or the board invalidate qualifying negotiated agreements.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 10. Miscellaneous [3549 - 3549.3] ( Article 10 added by Stats. 1975, Ch. 961. ) ## 3549. The enactment of this chapter shall not be construed as making the provisions of Section 923 of the Labor Code applicable to public school employees and shall not be construed as prohibiting a public school employer from making the final decision with regard to all matters specified in Section 3543.2. Nothing in this section shall cause any court or the board to hold invalid any negotiated agreement between public school employers and the exclusive representative entered into in accordance with the provisions of this chapter. (Added by Stats. 1975, Ch. 961.)
  169. 3549.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 10. Miscellaneous [3549 - 3549.3] ( Article 10 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    Certain listed meeting-and-negotiation proceedings are exempt from specified open-meeting laws unless the parties agree otherwise.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 10. Miscellaneous [3549 - 3549.3] ( Article 10 added by Stats. 1975, Ch. 961. ) ## 3549.1. All the proceedings set forth in subdivisions (a) to (d), inclusive, are exempt from the provisions of Sections 35144 and 35145 of the Education Code, the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2), and the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), unless the parties mutually agree otherwise: (a) Any meeting and negotiating discussion between a public school employer and a recognized or certified employee organization. (b) Any meeting of a mediator with either party or both parties to the meeting and negotiating process. (c) Any hearing, meeting, or investigation conducted by a factfinder or arbitrator. (d) Any executive session of the public school employer or between the public school employer and its designated representative for the purpose of discussing its position regarding any matter within the scope of representation and instructing its designated representatives. (Amended by Stats. 2006, Ch. 538, Sec. 229. Effective January 1, 2007.)
  170. 3549.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 10. Miscellaneous [3549 - 3549.3] ( Article 10 added by Stats. 1975, Ch. 961. )

    Verify source ↗

    If part of this chapter is held invalid, the rest of the chapter still remains effective.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. ) ## ARTICLE 10. Miscellaneous [3549 - 3549.3] ( Article 10 added by Stats. 1975, Ch. 961. ) ## 3549.3. If any provisions of this chapter or the application of such provision to any person or circumstances, shall be held invalid, the remainder of this chapter or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. (Added by Stats. 1975, Ch. 961.)
  171. 3550.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Prohibition on Public Employers Deterring or Discouraging Union Membership [3550 - 3553] ( Heading of Chapter 11 amended by Stats. 2018, Ch. 92, Sec. 86. )

    Verify source ↗

    A public employer must not deter or discourage public employees or job applicants from joining, staying in, or authorizing representation by an employee organization, including dues or fee deductions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Prohibition on Public Employers Deterring or Discouraging Union Membership [3550 - 3553] ( Heading of Chapter 11 amended by Stats. 2018, Ch. 92, Sec. 86. ) ## 3550. A public employer shall not deter or discourage public employees or applicants to be public employees from becoming or remaining members of an employee organization, or from authorizing representation by an employee organization, or from authorizing dues or fee deductions to an employee organization. This is declaratory of existing law. (Amended by Stats. 2018, Ch. 53, Sec. 11. (SB 866) Effective June 27, 2018.)
  172. 3551.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Prohibition on Public Employers Deterring or Discouraging Union Membership [3550 - 3553] ( Heading of Chapter 11 amended by Stats. 2018, Ch. 92, Sec. 86. )

    Verify source ↗

    The Public Employment Relations Board has jurisdiction over violations of this chapter, except where paragraph (b) or (c) applies.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Prohibition on Public Employers Deterring or Discouraging Union Membership [3550 - 3553] ( Heading of Chapter 11 amended by Stats. 2018, Ch. 92, Sec. 86. ) ## 3551. (a) Except as provided in paragraphs (b) and (c), the Public Employment Relations Board shall have jurisdiction over violations of this chapter. The powers and duties of the board described in Section 3541.3 shall apply, as appropriate, to this chapter. (b) For a public transit agency, the provisions in the Public Utilities Code that regulate labor relations shall govern violations of this chapter. (c) The employee relations commissions established by the County of Los Angeles and the City of Los Angeles shall have jurisdiction over violations of this chapter in the County of Los Angeles and the City of Los Angeles, respectively. (Amended by Stats. 2018, Ch. 53, Sec. 12. (SB 866) Effective June 27, 2018.)
  173. 3551.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Prohibition on Public Employers Deterring or Discouraging Union Membership [3550 - 3553] ( Heading of Chapter 11 amended by Stats. 2018, Ch. 92, Sec. 86. )

    Verify source ↗

    An employee organization may file a claim with the Public Employment Relations Board if it says a public employer violated Section 3550. If the board finds a violation, the employer can face a civil penalty and may also owe attorney’s fees and costs, subject to listed exceptions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Prohibition on Public Employers Deterring or Discouraging Union Membership [3550 - 3553] ( Heading of Chapter 11 amended by Stats. 2018, Ch. 92, Sec. 86. ) ## 3551.5. (a) (1) An employee organization that is subject to the jurisdiction of the Public Employment Relations Board may bring a claim before the board alleging that a public employer violated Section 3550. Upon a finding by the board that the public employer violated Section 3550, the employer shall be subject to a civil penalty, to be deposited in the General Fund, of up to one thousand dollars ($1,000) per each affected employee, not to exceed one hundred thousand dollars ($100,000) in total, and shall be subject to attorney’s fees and costs, as described in subdivision (b). (2) The Public Employment Relations Board shall apply the following criteria when assessing a civil penalty pursuant to paragraph (1): (A) The public employer’s annual budget. (B) The severity of the violation. (C) Any prior history of violations by the public employer. (b) (1) The Public Employment Relations Board shall award attorney’s fees and costs to a prevailing employee organization unless the board finds the claim was frivolous, unreasonable, or groundless when brought, or the employee organization continued to litigate after it clearly became so. The attorney’s fees and costs shall be calculated from the inception of proceedings before the board’s Division of Administrative Law until final disposition of the claim by the board. (2) Notwithstanding paragraph (1), the board shall not award attorney’s fees and costs under this section for any proceedings before the board that challenge the dismissal of an unfair practice charge by the board’s Office of the General Counsel. (3) If the board initiates proceedings with the superior court to enforce or achieve compliance with a board order pursuant to this section or is required to defend a decision of the board involving this section after an employer seeks judicial review, the court shall award the board attorney’s fees and costs if the board is the prevailing party. (Added by Stats. 2022, Ch. 823, Sec. 1. (SB 931) Effective January 1, 2023.)
  174. 3552.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Prohibition on Public Employers Deterring or Discouraging Union Membership [3550 - 3553] ( Heading of Chapter 11 amended by Stats. 2018, Ch. 92, Sec. 86. )

    Verify source ↗

    This section defines “employee organization,” “public employee,” and “public employer” for the chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Prohibition on Public Employers Deterring or Discouraging Union Membership [3550 - 3553] ( Heading of Chapter 11 amended by Stats. 2018, Ch. 92, Sec. 86. ) ## 3552. For the purpose of this chapter: (a) “Employee organization” means an employee organization within the meaning of the provisions listed in subdivision (c). (b) “Public employee” means an employee granted rights by the provisions listed in subdivision (c) or an employee of a public transit agency, the labor relations of which are regulated by provisions in the Public Utilities Code. (c) “Public employer” means any employer subject to Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.4 (commencing with Section 3524.50), Chapter 10.7 (commencing with Section 3540), or Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, Chapter 7 (commencing with Section 71600) or Chapter 7.5 (commencing with Section 71800) of Title 8 of this code, or Chapter 7 (commencing with Section 99560) of Part 11 of Division 10 of the Public Utilities Code, or Section 12302.25 of the Welfare and Institutions Code. This chapter also applies to public transit districts with respect to their public employees who are in bargaining units not subject to the provisions listed in this subdivision. (Amended by Stats. 2018, Ch. 53, Sec. 13. (SB 866) Effective June 27, 2018.)
  175. 3553.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Prohibition on Public Employers Deterring or Discouraging Union Membership [3550 - 3553] ( Heading of Chapter 11 amended by Stats. 2018, Ch. 92, Sec. 86. )

    Verify source ↗

    A public employer covered by this section must meet and confer before distributing certain mass communications about employees’ union rights, and may have to share the exclusive representative’s response at the same time.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11. Prohibition on Public Employers Deterring or Discouraging Union Membership [3550 - 3553] ( Heading of Chapter 11 amended by Stats. 2018, Ch. 92, Sec. 86. ) ## 3553. (a) This section shall apply only when an employee organization has been recognized or certified by the governing body of the public employer or the Public Employment Relations Board as the exclusive representative of employees in a bargaining unit. (b) If a public employer chooses to disseminate mass communications to public employees or applicants to be public employees concerning public employees’ rights to join or support an employee organization, or to refrain from joining or supporting an employee organization, it shall meet and confer with the exclusive representative concerning the content of the mass communication. (c) If the public employer and the exclusive representative do not come to agreement on the content of a public employer’s mass communication covered by this section, and if the public employer still chooses to disseminate the mass communication, the public employer shall distribute to the public employees, in addition to, and at the same time as, its own mass communication, a communication of reasonable length provided to the public employer by the exclusive representative. The exclusive representative shall provide the public employer with adequate copies of its own mass communication prior to distribution. (d) This section shall not apply to a public employer’s distribution of a communication concerning public employee rights that has been adopted for purposes of this section by the Public Employment Relations Board or the Department of Human Resources. (e) For purposes of this section, a “mass communication,” means a written document, or script for an oral or recorded presentation or message, that is intended for delivery to multiple public employees. (Added by Stats. 2018, Ch. 53, Sec. 14. (SB 866) Effective June 27, 2018.)
  176. 3555.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11.5. Public Employee Communication [3555 - 3559] ( Chapter 11.5 added by Stats. 2017, Ch. 21, Sec. 2. )

    Verify source ↗

    The Legislature states that recognized exclusive representatives of California public employees should be given meaningful access to the members they represent, unless the law expressly prohibits it.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11.5. Public Employee Communication [3555 - 3559] ( Chapter 11.5 added by Stats. 2017, Ch. 21, Sec. 2. ) ## 3555. The Legislature finds and declares that the ability of an exclusive representative to communicate with the public employees it represents is necessary to ensure the effectiveness of state labor relations statutes, and the exclusive representative cannot properly discharge its legal obligations unless it is able to meaningfully communicate through cost-effective and efficient means with the public employees on whose behalf it acts. In most cases, that communication includes an opportunity to discuss the rights and obligations created by the contract and the role of the representative, and to answer questions. That communication is necessary for harmonious public employment relations and is a matter of statewide concern. Therefore, it is the Legislature’s intent that recognized exclusive representatives of California’s public employees be provided meaningful access to their represented members as described in this chapter unless expressly prohibited by law. (Added by Stats. 2017, Ch. 21, Sec. 2. (AB 119) Effective June 27, 2017.)
  177. 3555.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11.5. Public Employee Communication [3555 - 3559] ( Chapter 11.5 added by Stats. 2017, Ch. 21, Sec. 2. )

    Verify source ↗

    This section says which public employers and transit districts are covered by the chapter, defines key terms, and assigns jurisdiction over violations to the Public Employment Relations Board, with local commissions handling Los Angeles matters.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11.5. Public Employee Communication [3555 - 3559] ( Chapter 11.5 added by Stats. 2017, Ch. 21, Sec. 2. ) ## 3555.5. (a) This chapter applies to public employers subject to Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.4 (commencing with Section 3524.50), Chapter 10.7 (commencing with Section 3540), or Chapter 12 (commencing with Section 3560) of, or Chapter 7 (commencing with Section 71600) or Chapter 7.5 (commencing with Section 71800) of Title 8 of, this code, or Chapter 7 (commencing with Section 99560) of Part 11 of Division 10 of the Public Utilities Code. This chapter, except for subdivision (c), also applies to public transit districts with respect to their public employees who are in bargaining units not subject to the provisions listed in this subdivision. (b) For purposes of this chapter: (1) “Exclusive representative” means the exclusive representative or recognized employee organization for the bargaining unit. (2) “Interest arbitration” means a process whereby an employer and an exclusive representative submit a dispute concerning the terms of access to new employee orientations for resolution to a third-party arbitrator who is then authorized to approve either party’s proposal in its entirety, to approve a proposal using both the employer’s and exclusive representative’s final proposals, or to modify the proposals by the parties. (3) “New employee orientation” means the onboarding process of a newly hired public employee, whether in person, online, or through other means or mediums, in which employees are advised of their employment status, rights, benefits, duties and responsibilities, or any other employment-related matters. (4) “Newly hired public employee” means any employee, whether permanent, temporary, full time, part time, or seasonal, hired by a public employer, to which this chapter applies and who is still employed as of the date of the new employee orientation. (c) (1) Except as provided in paragraph (2), the Public Employment Relations Board shall have jurisdiction over violations of this chapter. The powers and duties of the board described in Section 3541.3 shall apply, as appropriate, to this chapter. (2) The employee relations commissions established by the County of Los Angeles and the City of Los Angeles shall have jurisdiction over violations of this chapter in the County of Los Angeles and the City of Los Angeles, respectively. (Amended by Stats. 2018, Ch. 53, Sec. 15. (SB 866) Effective June 27, 2018.)
  178. 3557.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11.5. Public Employee Communication [3555 - 3559] ( Chapter 11.5 added by Stats. 2017, Ch. 21, Sec. 2. )

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    The parties must negotiate access to a new employee orientation, and unresolved disputes go to compulsory interest arbitration with specific timelines and procedures.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11.5. Public Employee Communication [3555 - 3559] ( Chapter 11.5 added by Stats. 2017, Ch. 21, Sec. 2. ) ## 3557. (a) Except as provided in subdivision (g), upon request of the employer or the exclusive representative, the parties shall negotiate regarding the structure, time, and manner of the access of the exclusive representative to a new employee orientation. The failure to reach agreement on the structure, time, and manner of the access shall be subject to compulsory interest arbitration pursuant to this section. (b) (1) (A) Except as provided in subparagraph (B), when negotiating access to a new employee orientation, if any dispute has not been resolved within 45 days after the first meeting of the parties, or within 60 days after the initial request to negotiate, whichever comes first, either party may make a demand for compulsory interest arbitration, and if a demand is made, the procedure prescribed by this subdivision shall apply. The arbitrator selection process described in paragraph (2) shall commence within 14 days of a party’s demand for compulsory interest arbitration. The party demanding compulsory interest arbitration shall be responsible for requesting a panel of arbitrators from the State Mediation and Conciliation Service. A party shall not submit any proposal to compulsory interest arbitration that was not the parties’ final proposal during the parties’ negotiations. In the case of a school district employer whose administrative offices are closed during the summer, the timeline on this subdivision shall commence on the first day that the district administrative office reopens. (B) Notwithstanding subparagraph (A), the parties may mutually agree to submit their dispute to compulsory interest arbitration at any time. (2) The appointment of an arbitrator for compulsory interest arbitration shall be made by the State Mediation and Conciliation Service using its process to obtain a panel of arbitrators, except as provided in paragraph (4). Within seven days of receipt of a request for a panel, the State Mediation and Conciliation Service shall send the parties a list of seven arbitrators selected from its roster. Within seven days following the receipt of the list, the parties shall make their selection. Unless the parties agree on an alternate selection procedure, they shall alternatively strike one name from the list provided by the service until only one name remains. A coin toss shall determine which party shall strike the first name. In lieu of this process, the parties may mutually select any individual to serve as the arbitrator. Any party that fails to participate in the selection of an arbitrator within the prescribed period waives its right to strike names from the list. Interest arbitration shall commence either on the arbitrator’s earliest available date or any other date to which the parties agree, and shall be completed within 30 days. The decision of the arbitrator shall be issued within 10 days and shall be final and binding on the parties. The decision shall provide the exclusive representative with reasonable access to new employee orientations. The arbitrator shall consider, weigh, and be guided by the following criteria: (A) The ability of the exclusive representative to communicate with the public employees it represents. (B) The legal obligations of the exclusive representative to the public employees. (C) State, federal, and local laws that are applicable to the employer. (D) Stipulations of the parties. (E) The interests and welfare of the public and the financial condition of the public agency. (F) The structure, time, and manner of access of an exclusive representative to a new employee orientation in comparable public agencies, including the access provisions in other memoranda of understanding or collective bargaining agreements containing those provisions. (G) The Legislature’s findings and declarations under Section 3555. (H) Any other facts that are normally or traditionally taken into consideration in establishing the structure, time, and manner of access of an exclusive representative to a new employee orientation. (3) The parties shall equally share all costs of arbitration. (4) If a city or county objects to the procedure for appointment of an arbitrator pursuant to paragraph (2), that city or county, within five days of a demand for arbitration by the exclusive representative, may request that the Public Employment Relations Board appoint a PERB Administrative Law Judge or other PERB employee to serve as the arbitrator in lieu of an arbitrator appointed by the State Mediation and Conciliation Service. The city or county shall pay for the cost of that arbitrator. The board shall appoint the arbitrator within five days of receiving that request. The same procedures, criteria, and timeline for arbitrations set forth in paragraph (2) shall apply. (c) During the period between the effective date of this section and the expiration of an existing memorandum of understanding or collective bargaining agreement between the parties, a request to meet and confer pursuant to subdivision (a) shall reopen the existing memorandum of understanding or collective bargaining agreement solely for the limited purpose of negotiating an agreement regarding access of the exclusive representative to new employee orientations. Either party may elect to negotiate a side letter or similar agreement in lieu of reopening the existing memorandum of understanding or collective bargaining agreement. This section, however, does not abrogate existing agreements between public agencies and recognized employee organizations. (d) This section does not prohibit agreements between a public employer and an exclusive representative that provide for new employee orientations that vary from the requirements of this chapter. If such an agreement is negotiated, the requirements of this chapter shall not apply to the extent that they are inconsistent with the agreement. In the absence of a mutual agreement regarding new employee orientations, all of the requirements of this chapter shall apply. (e) A public employer identified in subdivision (a) of Section 3555.5 does not unlawfully support or favor an employee organization or encourage employees to join any organization in preference to another as prohibited by subdivision (d) of Section 3506.5, subdivision (d) of Section 3519, subdivision (d) of Section 3543.5, or subdivision (d) of Section 3571 of this code, or subdivision (d) of Section 99563.7 of the Public Utilities Code, or any other state law, by permitting a recognized employee organization or an exclusive representative the opportunity to present at new employee orientations as required by this section or consistent with a negotiated agreement pursuant to this section. (f) This section is not intended to modify the scope of bargaining or representation under any applicable employer-employee relations statute. (g) A provision in a memorandum of understanding reached pursuant to Section 3517.5, and in effect on the effective date of the act adding this section, regarding the access of an exclusive representative to a new employee orientation shall control for the duration of that agreement, and the rights and duties established by this section shall apply only upon expiration of the agreement. The provisions of Section 12301.24 of the Welfare and Institutions Code regarding the access of representatives of a recognized employee organization to an orientation shall control with respect to public employers and exclusive representatives who are governed by the provisions of that section. (Amended by Stats. 2017, Ch. 363, Sec. 3. (SB 112) Effective September 28, 2017.)
  179. 3558.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11.5. Public Employee Communication [3555 - 3559] ( Chapter 11.5 added by Stats. 2017, Ch. 21, Sec. 2. )

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    A public employer must give the exclusive representative specified employee information on new hires and bargaining-unit employees, and there are procedures, deadlines, and penalties for alleged violations.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11.5. Public Employee Communication [3555 - 3559] ( Chapter 11.5 added by Stats. 2017, Ch. 21, Sec. 2. ) ## 3558. (a) Subject to the exceptions provided here, the public employer shall provide the exclusive representative with the name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the employer, and home address of any newly hired employee within 30 days of the date of hire or by the first pay period of the month following hire, and the public employer shall also provide the exclusive representative with a list of that information for all employees in the bargaining unit at least every 120 days unless more frequent or more detailed lists are required by an agreement with the exclusive representative. The information identified in this section shall be provided to the exclusive representative regardless of whether the newly hired public employee was previously employed by the public employer. The information under this section shall be provided in a manner consistent with Section 7928.300 and in a manner consistent with Section 6207 for a participant in the address confidentiality program established pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7. The provision of information under this section shall be consistent with the employee privacy requirements described in County of Los Angeles v. Los Angeles County Employee Relations Com. (2013) 56 Cal.4th 905. This section does not preclude a public employer and exclusive representative from agreeing to a different interval within which the public employer provides the exclusive representative with the name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses, and home address of any newly hired employee or member of the bargaining unit. (b) An exclusive representative may file a charge of an unfair labor practice, pursuant to subdivision (d), alleging a violation of subdivision (a) only after the following requirements have been met: (1) The aggrieved exclusive representative gives written notice to the public employer, or a designated representative of the public employer, of an alleged violation of subdivision (a), including the facts and theories to support the alleged violation. The designated representative to receive written notice of an alleged violation of subdivision (a) shall be the proper recipient under Public Employment Relations Board regulations for filing or service of Public Employment Relations Board matters. (2) The public employer fails to comply with the requirements prescribed in subdivision (c), if applicable. (c) (1) If the alleged violation is that a public employer has provided an inaccurate or incomplete list of employees to the exclusive representative, the public employer has 20 calendar days to cure the alleged violation by complying with the requirements of this subdivision. For purposes of this subdivision, a cure is the provision of an accurate and complete list to the exclusive representative. The opportunity to cure does not apply to any other violation of subdivision (a), including, but not limited to, the failure to submit a list of newly hired employees or a list of bargaining unit members within the time periods prescribed by subdivision (a). The public employer shall give written notice by either certified mail or electronically within the 20-calendar day period to the applicable exclusive representative of the actions taken. The aggrieved exclusive representative may file an unfair practice charge with the board if the alleged violation is not cured. (2) A public employer may avail itself of the opportunity to cure pursuant to this subdivision not more than three times in any 12-month period. (d) (1) Subject to the limit described in paragraph (2) of subdivision (c) of Section 3555.5, the exclusive representative may file an unfair practice charge with the Public Employment Relations Board for violations of subdivision (a), as described in subdivisions (b) and (c). (2) In addition to any other remedy provided by law, a public employer found to have violated subdivision (a) shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000), which shall be determined by the Public Employment Relations Board through application of the following criteria: (A) The public employer’s annual budget. (B) The severity of the violation. (C) Any prior history of violations by the public employer. (3) This penalty shall be paid to the General Fund. (4) The Public Employment Relations Board shall award to a prevailing party attorney’s fees and costs that accrue from the inception of proceedings before the board’s Division of Administrative Law until final disposition of the charge by the board. The board, however, shall not award attorney’s fees and costs under this section for any proceedings before the board itself that challenge the dismissal of an unfair practice charge by the board’s Office of the General Counsel. If the board initiates proceedings with a superior court to enforce or achieve compliance with a board order, or is required to defend a decision of the board involving this section after a party seeks judicial review, the court shall award the board attorney’s fees and costs if the board is the prevailing party. (e) The amendments made to this section by the act adding this subdivision shall be operative on July 1, 2022. (Amended (as amended by Stats. 2021, Ch. 330, Sec. 1) by Stats. 2022, Ch. 28, Sec. 53. (SB 1380) Effective January 1, 2023.)
  180. 3558.8.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11.5. Public Employee Communication [3555 - 3559] ( Chapter 11.5 added by Stats. 2017, Ch. 21, Sec. 2. )

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    A public employer must grant reasonable leave, on request of the exclusive representative, for employees to serve as stewards or officers, and the leave can be full-time, part-time, periodic, or intermittent.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11.5. Public Employee Communication [3555 - 3559] ( Chapter 11.5 added by Stats. 2017, Ch. 21, Sec. 2. ) ## 3558.8. (a) A public employer shall grant to public employees, upon request of the exclusive representative of that employee, reasonable leaves of absence without loss of compensation or other benefits for the purpose of enabling employees to serve as stewards or officers of the exclusive representative, or of any statewide or national employee organization with which the exclusive representative is affiliated. Leave may be granted on a full-time, part-time, periodic, or intermittent basis. (b) Procedures for requesting and granting leave shall be determined by mutual agreement between the employer and exclusive representative. The exclusive representative or employee organization shall reimburse the public employer for all compensation paid to the employee on leave unless otherwise provided by a collective bargaining agreement or memorandum of understanding. Reimbursement by the exclusive representative or employee organization shall be made on or before 30 days after receipt of the public employer’s certification of payment of compensation to the employee. (c) At the conclusion or termination of leave granted under this section, the steward or representative shall have a right of reinstatement to the same position and work location held prior to the leave, or, if not feasible, a substantially similar position without loss of seniority, rank, or classification. (d) The exclusive representative has no obligation to use leave under this section for an employee and may terminate that leave at any time, for any reason. (e) Compensation during leave granted under this section shall include retirement fund contributions required of the public employer as an employer. The employee shall earn full service credit during the leave of absence and shall pay his or her member contributions unless the employer has agreed in a memorandum of understanding or collective bargaining agreement to pay the contributions on the employee’s behalf. (f) A public employer shall not be liable for an act or omission of, or an injury suffered by, an employee of the public employer if that act, omission, or injury occurs during the course and scope of the employee’s leave under this section to work for the exclusive representative or affiliated employee organization. If a public employer is held liable for such an act, omission, or injury, the exclusive representative or affiliated employee organization shall indemnify and hold harmless the public employer. (g) The leave provided under this section shall be in addition to any leave to which public employees may be entitled by other laws or by a memorandum of understanding or collective bargaining agreement. (h) This section shall not serve to invalidate any provision of a memorandum of understanding or collective bargaining agreement in effect on the effective date of this section. At the request of the exclusive representative, a memorandum of understanding or collective bargaining agreement shall be reopened for negotiations to reach a mutual agreement concerning the grant of leave pursuant to this section. (i) For purposes of this section: (1) “Public employer” means, in addition to the entities described in subdivision (a) of Section 3555.5, both of the following: (A) An employer subject to Chapter 10.4 (commencing with Section 3524.50). (B) A public employer that employs public transit workers, the labor relations of which are regulated by provisions in the Public Utilities Code, and are not subject to the jurisdiction of the Public Employment Relations Board. Notwithstanding subdivision (c) of Section 3555.5, the Public Employment Relations Board shall not have jurisdiction to enforce this section with respect to such public transit workers. (2) “Steward” means any employee designated by the exclusive representative as a representative for unit employees, whether for the unit as a whole or at a particular site, department, or other division of the employer’s operations, regardless of whether the employee is referred to by the exclusive representative as a steward or by a different title. (Added by Stats. 2018, Ch. 893, Sec. 1. (SB 1085) Effective January 1, 2019.)
  181. 3559.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11.5. Public Employee Communication [3555 - 3559] ( Chapter 11.5 added by Stats. 2017, Ch. 21, Sec. 2. )

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    This chapter is severable, so if one provision or its application is held invalid, the rest can still stand if they can work without the invalid part.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 11.5. Public Employee Communication [3555 - 3559] ( Chapter 11.5 added by Stats. 2017, Ch. 21, Sec. 2. ) ## 3559. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2017, Ch. 21, Sec. 2. (AB 119) Effective June 27, 2017.)
  182. 3560.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 1. General Provisions [3560 - 3562.2] ( Article 1 added by Stats. 1978, Ch. 744. )

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    This section states the Legislature’s findings and purpose for higher education labor relations, including employees’ right to organize and choose representatives.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 1. General Provisions [3560 - 3562.2] ( Article 1 added by Stats. 1978, Ch. 744. ) ## 3560. The Legislature hereby finds and declares that: (a) The people of the State of California have a fundamental interest in the development of harmonious and cooperative labor relations between the public institutions of higher education and their employees. (b) All other employees of the public school systems in the state have been granted the opportunity for collective bargaining through the adoption of Chapter 10.3 (commencing with Section 3512) and Chapter 10.7 (commencing with Section 3540), and it would be advantageous and desirable to expand the jurisdiction of the board created thereunder to cover the employees of the University of California, the college named in Section 92200 of the Education Code, and the California State University. These institutions of higher education have their own organizational characteristics. (c) The people of the State of California have established a system of higher education under the Constitution of the State of California with the intention of providing an academic community with full freedom of inquiry and insulation from political influence in the administration thereof. In so doing, the people have caused to be created the Regents of the University of California to govern the University of California, the Board of Directors of the college named in Section 92200 of the Education Code to govern the college named in Section 92200 of the Education Code, an affiliate of the University of California, and the Trustees of the California State University to govern the California State University. (d) The people and the aforementioned higher education employers each have a fundamental interest in the preservation and promotion of the responsibilities granted by the people of the State of California. Harmonious relations between each higher education employer and its employees are necessary to that endeavor. (e) It is the purpose of this chapter to provide the means by which relations between each higher education employer and its employees may assure that the responsibilities and authorities granted to the separate institutions under the Constitution and by statute are carried out in an atmosphere which permits the fullest participation by employees in the determination of conditions of employment which affect them. It is the intent of this chapter to accomplish this purpose by providing a uniform basis for recognizing the right of the employees of these systems to full freedom of association, self-organization, and designation of representatives of their own choosing for the purpose of representation in their employment relationships with their employers and to select one of these organizations as their exclusive representative for the purpose of meeting and conferring. (Amended by Stats. 2022, Ch. 478, Sec. 49. (AB 1936) Effective January 1, 2023.)
  183. 3561.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 1. General Provisions [3560 - 3562.2] ( Article 1 added by Stats. 1978, Ch. 744. )

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    This section states the chapter’s purpose and says parties subject to it must respect and help preserve academic freedom.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 1. General Provisions [3560 - 3562.2] ( Article 1 added by Stats. 1978, Ch. 744. ) ## 3561. (a) It is the further purpose of this chapter to provide orderly and clearly defined procedures for meeting and conferring and the resolution of impasses, and to define and prohibit certain practices that are inimical to the public interest. (b) The Legislature recognizes that joint decisionmaking and consultation between administration and faculty or academic employees is the long-accepted manner of governing institutions of higher learning and is essential to the performance of the educational missions of these institutions, and declares that it is the purpose of this chapter to both preserve and encourage that process. This chapter shall not be construed to restrict, limit, or prohibit the full exercise of the functions of the faculty in any shared governance mechanisms or practices, including the Academic Senate of the University of California and the divisions thereof, the Academic Senates of the California State University, and other faculty councils, with respect to policies on academic and professional matters affecting the California State University, the University of California, or the college named in Section 92200 of the Education Code. The principle of peer review of appointment, promotion, retention, and tenure for academic employees shall be preserved. (c) It is the policy of the State of California to encourage the pursuit of excellence in teaching, research, and learning through the free exchange of ideas among the faculty, students, and staff of the University of California, the college named in Section 92200 of the Education Code, and the California State University. All parties subject to this chapter shall respect and endeavor to preserve academic freedom in the University of California, the college named in Section 92200 of the Education Code, and the California State University. (Amended by Stats. 2022, Ch. 478, Sec. 50. (AB 1936) Effective January 1, 2023.)
  184. 3562.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 1. General Provisions [3560 - 3562.2] ( Article 1 added by Stats. 1978, Ch. 744. )

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    This section defines key terms for higher education employer-employee relations and sets out some filing, consultation, and meet-and-confer rules.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 1. General Provisions [3560 - 3562.2] ( Article 1 added by Stats. 1978, Ch. 744. ) ## 3562. As used in this chapter: (a) “Arbitration” means a method of resolving a rights dispute under which the parties to a controversy must accept the award of a third party. (b) “Board” means the Public Employment Relations Board established pursuant to Section 3513. (c) “Certified organization” means an employee organization that has been certified by the board as the exclusive representative of the employees in an appropriate unit after a proceeding under Article 5 (commencing with Section 3573). (d) “Confidential employee” means any employee who is required to develop or present management positions with respect to meeting and conferring or whose duties normally require access to confidential information which contributes significantly to the development of those management positions. (e) “Employee” or “higher education employee” means any employee, including student employees whose employment is contingent on their status as students, of the Regents of the University of California, the Board of Directors of the college named in Section 92200 of the Education Code, or the Trustees of the California State University. However, managerial and confidential employees and employees whose principal place of employment is outside the State of California at a worksite with 100 or fewer employees shall be excluded from coverage under this chapter. (f) (1) “Employee organization” means any organization of any kind in which higher education employees participate and that exists for the purpose, in whole or in part, of dealing with higher education employers concerning grievances, labor disputes, wages, hours, and other terms and conditions of employment of employees. An organization that represents one or more employees whose principal worksite is located outside the State of California is an employee organization only if it has filed with the board and with the employer a statement agreeing, in consideration of obtaining the benefits of status as an employee organization pursuant to this chapter, to submit to the jurisdiction of the board. The board shall promulgate the form of the statement. (2) “Employee organization” shall also include any person that an employee organization authorizes to act on its behalf. An academic senate, or other similar academic bodies, or divisions thereof, shall not be considered employee organizations for the purposes of this chapter. (g) “Employer” or “higher education employer” means the Regents of the University of California in the case of the University of California, the Board of Directors of the college named in Section 92200 of the Education Code in the case of the college named in Section 92200 of the Education Code, and the Trustees of the California State University in the case of the California State University, including any person acting as an agent of an employer. (h) “Employer representative” means any person or persons authorized to act on behalf of the employer. (i) “Exclusive representative” means any recognized or certified employee organization or person it authorizes to act on its behalf. (j) “Impasse” means that the parties have reached a point in meeting and conferring at which their differences in positions are such that further meetings would be futile. (k) “Managerial employee” means any employee having significant responsibilities for formulating or administering policies and programs. No employee or group of employees shall be deemed to be managerial employees solely because the employee or group of employees participates in decisions with respect to courses, curriculum, personnel, and other matters of educational policy. A department chair or head of a similar academic unit or program who performs the foregoing duties primarily on behalf of the members of the academic unit or program shall not be deemed a managerial employee solely because of those duties. (l) “Mediation” means the efforts of a third person, or persons, functioning as intermediaries, to assist the parties in reaching a voluntary resolution to an impasse. (m) “Meet and confer” means the performance of the mutual obligation of the higher education employer and the exclusive representative of its employees to meet at reasonable times and to confer in good faith with respect to matters within the scope of representation and to endeavor to reach agreement on matters within the scope of representation. The process shall include adequate time for the resolution of impasses. If agreement is reached between representatives of the higher education employer and the exclusive representative, they shall jointly prepare a written memorandum of the understanding, which shall be presented to the higher education employer for concurrence. However, these obligations shall not compel either party to agree to any proposal or require the making of a concession. (n) “Person” means one or more individuals, organizations, associations, corporations, boards, committees, commissions, agencies, or their representatives. (o) “Professional employee” means: (1) Any employee engaged in work: (A) predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work; (B) involving the consistent exercise of discretion and judgment in its performance; (C) of a character so that the output produced or the result accomplished cannot be standardized in relation to a given period of time; and (D) requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual, or physical processes. (2) Any employee who: (A) has completed the courses of specialized intellectual instruction and study described in subparagraph (D) of paragraph (1), and (B) is performing related work under the supervision of a professional person to qualify themselves to become a professional employee as defined in paragraph (1). (p) “Recognized organization” means an employee organization that has been recognized by an employer as the exclusive representative of the employees in an appropriate unit pursuant to Article 5 (commencing with Section 3573). (q) (1) For purposes of the University of California only, “scope of representation” means, and is limited to, wages, hours of employment, and other terms and conditions of employment. The scope of representation shall not include any of the following: (A) Consideration of the merits, necessity, or organization of any service, activity, or program established by law or resolution of the regents or the directors, except for the terms and conditions of employment of employees who may be affected thereby. (B) The amount of any fees that are not a term or condition of employment. (C) Admission requirements for students, conditions for the award of certificates and degrees to students, which include what is required for students to achieve satisfactory progress toward their degrees, and the content and supervision of courses, curricula, and research programs, as those terms are intended by the standing orders of the regents or the directors. (D) Procedures and policies to be used for the appointment, promotion, and tenure of members of the academic senate, the procedures to be used for the evaluation of the members of the academic senate, and the procedures for processing grievances of members of the academic senate. The exclusive representative of members of the academic senate shall have the right to consult and be consulted on matters excluded from the scope of representation pursuant to this subparagraph. If the academic senate determines that any matter in this subparagraph should be within the scope of representation, or if any matter in this subparagraph is withdrawn from the responsibility of the academic senate, the matter shall be within the scope of representation. (2) All matters not within the scope of representation are reserved to the employer and may not be subject to meeting and conferring, provided that nothing herein may be construed to limit the right of the employer to consult with any employees or employee organization on any matter outside the scope of representation. (r) (1) For purposes of the California State University only, “scope of representation” means, and is limited to, wages, hours of employment, and other terms and conditions of employment. The scope of representation shall not include: (A) Consideration of the merits, necessity, or organization of any service, activity, or program established by statute or regulations adopted by the trustees, except for the terms and conditions of employment of employees who may be affected thereby. (B) The amount of any student fees that are not a term or condition of employment. (C) Admission requirements for students, conditions for the award of certificates and degrees to students, and the content and conduct of courses, curricula, and research programs. (D) Criteria and standards to be used for the appointment, promotion, evaluation, and tenure of academic employees, which shall be the joint responsibility of the academic senate and the trustees. The exclusive representative shall have the right to consult and be consulted on matters excluded from the scope of representation pursuant to this subparagraph. If the trustees withdraw any matter in this subparagraph from the responsibility of the academic senate, the matter shall be within the scope of representation. (E) The amount of rental rates for housing charged to California State University employees. (2) All matters not within the scope of representation are reserved to the employer, and may not be subject to meeting and conferring, provided that nothing herein may be construed to limit the right of the employer to consult with any employees or employee organization on any matter outside the scope of representation. (Amended by Stats. 2022, Ch. 478, Sec. 51. (AB 1936) Effective January 1, 2023.)
  185. 3562.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 1. General Provisions [3560 - 3562.2] ( Article 1 added by Stats. 1978, Ch. 744. )

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    The California State University may meet and confer with the selected exclusive representative about flexible benefit plans.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 1. General Provisions [3560 - 3562.2] ( Article 1 added by Stats. 1978, Ch. 744. ) ## 3562.1. The California State University may meet and confer with the employee organization selected as the exclusive representative of appropriate units at the university on the establishment of flexible benefit plans. Any agreement between the university and an employee organization which requires the expenditure of funds for a flexible benefit program is not subject to legislative approval if funds otherwise appropriated to the California State University for employee compensation are sufficient to finance the flexible benefit plan. (Added by Stats. 1991, Ch. 433, Sec. 1.)
  186. 3562.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 1. General Provisions [3560 - 3562.2] ( Article 1 added by Stats. 1978, Ch. 744. )

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    For California State University, “scope of representation” also includes certain retirement benefits for a state member.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 1. General Provisions [3560 - 3562.2] ( Article 1 added by Stats. 1978, Ch. 744. ) ## 3562.2. Notwithstanding subdivision (r) of Section 3562, for purposes of the California State University only, “scope of representation” also means any retirement benefits available to a state member under Part 3 (commencing with Section 20000) of Title 2. (Amended by Stats. 2001, Ch. 793, Sec. 1. Effective January 1, 2002.)
  187. 3563.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 2. Administration [3563 - 3563.5] ( Article 2 added by Stats. 1978, Ch. 744. )

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    The Public Employment Relations Board administers this chapter and has broad powers to handle units, representation elections, hearings, investigations, subpoenas, enforcement actions, and related decisions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 2. Administration [3563 - 3563.5] ( Article 2 added by Stats. 1978, Ch. 744. ) ## 3563. This chapter shall be administered by the Public Employment Relations Board. In administering this chapter the board shall have all of the following rights, powers, duties and responsibilities: (a) To determine in disputed cases, or otherwise approve, appropriate units. (b) To determine in disputed cases whether a particular item is within or without the scope of representation. (c) To arrange for and supervise representation elections which shall be conducted by means of secret ballot elections, and to certify the results of the elections. (d) To establish lists of persons broadly representative of the public and qualified by experience to be available to serve as mediators, arbitrators, or factfinders. (e) To establish by regulation appropriate procedures for review of proposals to change unit determinations. (f) To adopt, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2, rules and regulations to carry out the provisions and effectuate the purposes and policies of this chapter. (g) To hold hearings, subpoena witnesses, administer oaths, take the testimony or deposition of any person, and, in connection therewith, to issue subpoenas duces tecum to require the production and examination of any employer’s or employee organization’s records, books, or papers relating to any matter within its jurisdiction, except for those records, books, or papers confidential under statute. Notwithstanding Section 11425.10, Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 does not apply to a hearing by the board under this section, except a hearing to determine an unfair practice charge. (h) To investigate unfair practice charges or alleged violations of this chapter, and to take any action and make any determinations in respect of these charges or alleged violations as the board deems necessary to effectuate the policies of this chapter. (i) To bring an action in a court of competent jurisdiction to enforce any of its orders, decisions or rulings or to enforce the refusal to obey a subpoena. Upon issuance of a complaint charging that any person has engaged in or is engaging in an unfair practice, the board may petition the court for appropriate temporary relief or restraining order. (j) To delegate its powers to any member of the board or to any person appointed by the board for the performance of its functions, except that no fewer than two board members may participate in the determination of any ruling or decision on the merits of any dispute coming before it and except that a decision to refuse to issue a complaint shall require the approval of two board members. (k) To decide contested matters involving recognition, certification, or decertification of employee organizations. (l) To consider and decide issues relating to rights, privileges, and duties of an employee organization in the event of a merger, amalgamation, or transfer of jurisdiction between two or more employee organizations. (m) To take any other action as the board deems necessary to discharge its powers and duties and otherwise to effectuate the purposes of this chapter. (Amended by Stats. 2012, Ch. 46, Sec. 10. (SB 1038) Effective June 27, 2012.)
  188. 3563.1.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 2. Administration [3563 - 3563.5] ( Article 2 added by Stats. 1978, Ch. 744. )

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    Any person who willfully interferes with the board or its agents while they perform duties under this chapter commits a misdemeanor and may be fined up to $1,000.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 2. Administration [3563 - 3563.5] ( Article 2 added by Stats. 1978, Ch. 744. ) ## 3563.1. Any person who shall willfully resist, prevent, impede or interfere with any member of the board, or any of its agents, in the performance of duties pursuant to this chapter, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of not more than one thousand dollars ($1,000). (Added by Stats. 1978, Ch. 744.)
  189. 3563.2.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 2. Administration [3563 - 3563.5] ( Article 2 added by Stats. 1978, Ch. 744. )

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    The board has exclusive jurisdiction over the initial decision on unfair practice charges and the remedy, and may set procedures for handling these cases. Employees, employee organizations, and employers may file unfair practice charges, but the board may not issue a complaint for charges based on conduct more than six months before filing.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 2. Administration [3563 - 3563.5] ( Article 2 added by Stats. 1978, Ch. 744. ) ## 3563.2. The initial determination as to whether the charges of unfair practices are justified, and, if so, what remedy is necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the board. Procedures for investigating, hearing, and deciding these cases shall be devised and promulgated by the board. (a) Any employee, employee organization, or employer shall have the right to file an unfair practice charge, except that the board shall not issue a complaint in respect of any charge based upon an alleged unfair practice occurring more than six months prior to the filing of the charge. (b) The board shall not have authority to enforce agreements between the parties, and shall not issue a complaint on any charge based on alleged violation of such an agreement that would not also constitute an unfair practice under this chapter. (Added by Stats. 1978, Ch. 744.)
  190. 3563.3.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 2. Administration [3563 - 3563.5] ( Article 2 added by Stats. 1978, Ch. 744. )

    Verify source ↗

    The board may issue orders directing an offending party to stop an unfair practice and take affirmative action, including reinstatement and back pay, to carry out the chapter’s policies.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 2. Administration [3563 - 3563.5] ( Article 2 added by Stats. 1978, Ch. 744. ) ## 3563.3. The board shall have the power to issue a decision and order directing an offending party to cease and desist from the unfair practice and to take such affirmative action, including, but not limited to, the reinstatement of employees with or without back pay, as will effectuate the policies of this chapter, except that in an action to recover damages due to an unlawful strike, the board shall have no authority to award strike-preparation expenses as damages, and shall have no authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. (Amended by Stats. 2011, Ch. 539, Sec. 4. (SB 857) Effective January 1, 2012.)
  191. 3563.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 2. Administration [3563 - 3563.5] ( Article 2 added by Stats. 1978, Ch. 744. )

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    If an administrative law judge decision about recognizing or certifying an employee organization is appealed, it becomes the board’s final order if the board does not issue a superseding ruling within 180 days.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 2. Administration [3563 - 3563.5] ( Article 2 added by Stats. 1978, Ch. 744. ) ## 3563.5. Notwithstanding any other law, if a decision by an administrative law judge regarding the recognition or certification of an employee organization as described in subdivision (k) of Section 3563 is appealed, the decision shall be deemed the final order of the board if the board does not issue a ruling that supersedes the decision on or before 180 days after the appeal is filed. (Added by Stats. 2011, Ch. 242, Sec. 4. (SB 609) Effective January 1, 2012.)
  192. 3564.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 3. Judicial Review [3564- 3564.] ( Article 3 added by Stats. 1978, Ch. 744. )

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    This section limits judicial review of unit determinations, sets who may petition for extraordinary relief, and gives the court powers and deadlines for handling those petitions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 3. Judicial Review [3564- 3564.] ( Article 3 added by Stats. 1978, Ch. 744. ) ## 3564. (a) No employer or employee organization shall have the right to judicial review of a unit determination except: (1) when the board in response to a petition from an employer or employee organization, agrees that the case is one of special importance and joins in the request for such review; or (2) when the issue is raised as a defense to an unfair practice complaint. A board order directing an election shall not be stayed pending judicial review. Upon receipt of a board order joining in the request for judicial review, a party to the case may petition for a writ of extraordinary relief from the unit determination decision or order. (b) Any charging party, respondent, or intervenor aggrieved by a final decision or order of the board in an unfair practice case, except a decision of the board not to issue a complaint in such a case, may petition for a writ of extraordinary relief from such decision or order. (c) Such petition shall be filed in the district court of appeal in the appellate district where the unit determination or unfair practice dispute occurred. The petition shall be filed within 30 days after issuance of the board’s final order, order denying reconsideration, or order joining in the request for judicial review, as applicable. Upon the filing of such petition, the court shall cause notice to be served upon the board and thereupon shall have jurisdiction of the proceeding. The board shall file in the court the record of the proceeding, certified by the board, within 10 days after the clerk’s notice unless such time is extended by the court for good cause shown. The court shall have jurisdiction to grant to the board such temporary relief or restraining order it deems just and proper and in like manner to make and enter a decree enforcing, modifying, or setting aside the order of the board. The findings of the board with respect to questions of fact, including ultimate facts, if supported by substantial evidence on the record considered as a whole, are conclusive. The provisions of Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure relating to writs shall, except where specifically superseded herein, apply to proceedings pursuant to this section. (d) If the time to petition for extraordinary relief from a board decision has expired, the board may seek enforcement of any final decision or order in a district court of appeal or a superior court in the district where the unit determination or unfair practice case occurred. If, after hearing, the court determines that the order was issued pursuant to procedures established by the board and that the person or entity refuses to comply with the order, the court shall enforce such order by writ of mandamus. The court shall not review the merits of the order. (Amended by Stats. 1979, Ch. 1072.)
  193. 3565.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. )

    Verify source ↗

    Higher education employees have the right to organize, join, and participate in employee organizations, and to refuse to join or participate, subject to any organizational security provision allowed by this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. ) ## 3565. Higher education employees shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations and for the purpose of meeting and conferring. Higher education employees shall also have the right to refuse to join employee organizations or to participate in the activities of these organizations subject to the organizational security provision permissible under this chapter. (Added by Stats. 1978, Ch. 744.)
  194. 3566.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. )

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    The Trustees of the California State University must adopt reasonable rules and regulations for registering employee organizations and bona fide associations, determining their status, and identifying their official officers and representatives.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. ) ## 3566. The Trustees of the California State University shall adopt reasonable rules and regulations for all of the following: (a) Registering employee organizations, as defined in Section 3562, and bona fide associations, as defined in Section 1150. (b) Determining the status of organizations and associations as employee organizations or bona fide associations. (c) Identifying the officers and representatives who officially represent employee organizations and bona fide associations. (Amended by Stats. 1999, Ch. 971, Sec. 3. Effective January 1, 2000.)
  195. 3567.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. )

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    Employees or groups of employees may bring grievances directly to the employer and seek adjustment, but the employer cannot settle the grievance until the exclusive representative gets a copy and can respond.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. ) ## 3567. Any employee or group of employees may at any time, either individually or through a representative of their own choosing, present grievances to the employer and have such grievances adjusted, without the intervention of the exclusive representative; provided, the adjustment is reached prior to arbitration pursuant to Section 3589, and the adjustment is not inconsistent with the terms of a written memorandum then in effect. The employer shall not agree to resolution of the grievance until the exclusive representative has received a copy of the grievance and the proposed resolution, and has been given the opportunity to file a response. (Added by Stats. 1978, Ch. 744.)
  196. 3568.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. )

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    Employee organizations are entitled to access employee work areas and certain institutional communication tools and facilities, subject to reasonable regulations.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. ) ## 3568. Subject to reasonable regulations, employee organizations shall have the right of access at reasonable times to areas in which employees work, the right to use institutional bulletin boards, mailboxes and other means of communication, and the right to use institutional facilities at reasonable times for the purpose of meetings concerned with the exercise of the rights guaranteed by this act. (Added by Stats. 1978, Ch. 744.)
  197. 3569.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. )

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    Certain representatives of an exclusive representative are entitled to reasonable released or reassigned time without loss of pay for meeting and conferring and grievance processing before the first memorandum of understanding is adopted.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. ) ## 3569. A reasonable number of representatives of an exclusive representative shall have the right to receive reasonable periods of released or reassigned time without loss of compensation when engaged in meeting and conferring and for the processing of grievances prior to the adoption of the initial memorandum of understanding. When a memorandum of understanding is in effect, released or reassigned time shall be in accordance with the memorandum. (Added by Stats. 1978, Ch. 744.)
  198. 3569.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. )

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    The state must give up to three eligible employee representatives paid time off to attend and speak at certain Trustees meetings, if the meeting concerns conditions of employment.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. ) ## 3569.5. (a) The state shall allow up to three employee representatives from each employee organization which represents employees of the California State University reasonable time off during working hours without loss of compensation or other benefits, to attend and make oral presentations at meetings of the Trustees of the California State University, or a committee thereof, held during the working hours of the employees, if a matter affecting conditions of employment is scheduled for consideration. (b) Any employee organization wishing to send employee representatives to make oral presentations at such a meeting shall submit a request to the trustees far enough in advance to permit scheduling of speakers pursuant to rules and regulations of the trustees. Each employee organization shall be limited to not more than three speakers at any meeting. (c) Only employee representatives who are named in the request submitted to the trustees as employee representatives who will make an oral presentation, and who intend to make an oral presentation, shall be allowed time off as specified in subdivision (a). Other employees may attend meetings by taking vacation time, compensating time off, or time off without pay if the workload permits, when approved by their supervisor. (d) Nothing in this section shall preclude the trustees from adopting rules and regulations relating to time off for employees not represented by an employee organization to attend meetings. (e) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to this chapter, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1983, Ch. 143, Sec. 179.)
  199. 3570.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. )

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    Higher education employers must meet and confer with the employee organization that is the exclusive representative of an appropriate unit on matters within the scope of representation.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. ) ## 3570. Higher education employers, or such representatives as they may designate, shall engage in meeting and conferring with the employee organization selected as exclusive representative of an appropriate unit on all matters within the scope of representation. (Added by Stats. 1978, Ch. 744.)
  200. 3571.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. )

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    The higher education employer is barred from certain unfair labor practices involving employees, employee organizations, meeting and conferring, and advisory groups.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 12. Higher Education Employer-Employee Relations [3560 - 3599] ( Chapter 12 added by Stats. 1978, Ch. 744. ) ## ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices [3565 - 3572.5] ( Article 4 added by Stats. 1978, Ch. 744. ) ## 3571. It shall be unlawful for the higher education employer to do any of the following: (a) Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by this chapter. For purposes of this subdivision, “employee” includes an applicant for employment or reemployment. (b) Deny to employee organizations rights guaranteed to them by this chapter. (c) Refuse or fail to engage in meeting and conferring with an exclusive representative. (d) Dominate or interfere with the formation or administration of any employee organization, or contribute financial or other support to it, or in any way encourage employees to join any organization in preference to another. However, subject to rules and regulations adopted by the board pursuant to Section 3563, an employer shall not be prohibited from permitting employees to engage in meeting and conferring or consulting during working hours without loss of pay or benefits. (e) Refuse to participate in good faith in the impasse procedure set forth in Article 9 (commencing with Section 3590). (f) Consult with any academic, professional, or staff advisory group on any matter within the scope of representation for employees who are represented by an exclusive representative, or for whom an employee organization has filed a request for recognition or certification as an exclusive representative until such time as the request is withdrawn or an election has been held in which “no representative” received a majority of the votes cast. This subdivision is not intended to diminish the prohibition of unfair practices contained in subdivision (d). For the purposes of this subdivision, the term “academic” shall not be deemed to include the academic senates. (Amended by Stats. 1989, Ch. 313, Sec. 3.)

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