Public Officers and EmployeesExcluded Employees Bill of Rights
Section § 3525
This law section declares the title of the chapter, calling it the Bill of Rights for State Excluded Employees. It establishes a formal name for the rules protecting the rights of these specific employees.
Section § 3526
This section is meant to inform certain state employees who are not covered by the Ralph C. Dills Act about their employment rights and conditions. It also aims to encourage their dedication, acknowledge their key management roles in state government, and foster good working relationships among state management personnel.
Section § 3527
This law defines several terms related to civil service employees in California. An 'employee' refers to a civil service worker employed by certain state agencies. 'Excluded employees' include managerial, confidential, and supervisory employees, and certain professionals in various departments who are specifically listed. There are also definitions for organizations that represent supervisory and excluded employees, emphasizing their role in employer-employee relations. Finally, the 'state employer' refers to the Governor or their representatives when it comes to discussing job relations with supervisory employees.
Section § 3528
This section highlights the importance of rights and protections for employees who are excluded from certain benefits under the law. It emphasizes that maintaining high morale among these employees and giving fair attention to their concerns are crucial for running state programs efficiently and effectively.
Section § 3529
This law section outlines rules about the roles and participation of certain employees in employee organizations. Generally, excluded employees (those not in unions or specific bargaining units) can't hold office in organizations representing nonexcluded (union or bargaining unit) employees. They also can't handle grievances or participate in negotiations for nonexcluded employees, and vice versa. However, this rule doesn't restrict the paid staff of such organizations. Additionally, excluded employees can't vote on agreements made for nonexcluded employees.
Section § 3530
Excluded employee organizations in California have the right to represent their members during work-related issues, such as grievances, with the state. These organizations can set rules about who can join and how members can be removed. However, this law also allows individual employees to handle their own employment issues directly with the state or choose someone else to represent them.
Section § 3531
This law gives supervisory employees the freedom to either join or not join an organization specifically for supervisors. They can participate in group activities for representation in matters involving their relationship with employers. Alternatively, they can choose to handle their employment matters on their own, without joining any group.
Section § 3532
This law section specifies that the representation for supervisory employees covers all aspects related to their work conditions and relationships with their employers. This includes discussions and negotiations about wages, work hours, and other employment terms.
Section § 3533
This law requires California to consult with supervisory employee organizations on issues affecting those employees. Before making policy decisions or actions that impact supervisory employees, the state must inform these organizations in advance and allow discussions on alternative ways to achieve objectives. This notice can be given in various forms such as written, oral, or electronic. The state must consider the input from these organizations as much as it reasonably can before finalizing any decision, though it retains ultimate decision-making power.
If an emergency or urgent situation arises where immediate action is needed, the state can implement laws or regulations without prior consultation. However, they must notify and discuss with the affected organizations as soon as possible afterward.
Section § 3534
This law ensures that supervisory public employees, who are part of recognized employee organizations, can take reasonable time off with pay and without losing other benefits. They can do this when meeting with state employer representatives to discuss work-related topics that concern supervisory employees.
Section § 3535
This law allows the Department of Human Resources to set up rules for how relations between excluded employees (those not in regular bargaining units) and employers should be managed. This includes checking that organizations really represent these workers, confirming who their leaders are, ensuring leaders can access workplaces, allowing the use of bulletin boards and other communication tools, and sharing nonconfidential information with these organizations. It also covers any other necessary areas to effectively manage these relations.
Section § 3536
This law allows the state to create rules about which employees are considered 'management and confidential' and restricts these employees from representing state worker organizations on negotiations related to work conditions and terms.
However, it confirms that these 'excluded' employees can still join and be leaders in organizations specifically meant for them.
Section § 3537
Excluded employee organizations in California are required to file an annual registration statement with the Department of Human Resources by July 1 each year. This statement must include detailed information about the organization, such as its name, any affiliations, headquarters, business addresses, main phone number, principal officers and representatives, and a copy of the organization's bylaws.
Section § 3538
This law section ensures that state employers and excluded employee organizations cannot interfere with or discriminate against supervisors for exercising their rights. Supervisors should be free to use their rights without fear of intimidation or unfair treatment.
Section § 3539
This law specifies that a particular rule from the Labor Code, Section 923, does not apply to state employees because of this chapter. Essentially, state employees are not affected by the rules that Section 923 outlines.
Section § 3539.5
This law allows the Department of Human Resources to create or change regulations affecting employee benefits for certain state officers and employees who are not covered by the Ralph C. Dills Act. These regulations are unique because they do not need approval from the Office of Administrative Law under the usual Administrative Procedure Act. Instead, they become effective right away once they're filed with the Secretary of State.
Section § 3539.6
This law states that certain employees, who aren't classified as typical state workers or are officers in the executive branch excluded from civil service but qualify for managerial benefits, can choose to join the annual leave program. If they do and are eligible for Nonindustrial Disability Insurance (NDI) benefits, they'll also be eligible for NDI Family Care Leave.