Section § 3525

Explanation

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.

This chapter shall be known, and may be cited, as the Bill of Rights for State Excluded Employees.

Section § 3526

Explanation

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.

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.

Section § 3527

Explanation

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.

As used in this chapter:
(a)CA Government Code § 3527(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)CA Government Code § 3527(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)CA Government Code § 3527(c) “Supervisory employee organization” means an organization that represents members who are supervisory employees under subdivision (g) of Section 3513.
(d)CA Government Code § 3527(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)CA Government Code § 3527(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.

Section § 3528

Explanation

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.

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.

Section § 3529

Explanation

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.

(a)CA Government Code § 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)CA Government Code § 3529(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)CA Government Code § 3529(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)CA Government Code § 3529(d) The prohibition in subdivisions (b) and (c) shall not apply to the paid staff of an excluded or supervisory employee organization.
(e)CA Government Code § 3529(e) Excluded employees shall not vote on questions of ratification or rejection of memoranda of understanding reached on behalf of nonexcluded employees.

Section § 3530

Explanation

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.

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.

Section § 3531

Explanation

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.

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.

Section § 3532

Explanation

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.

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.

Section § 3533

Explanation

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.

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.

Section § 3534

Explanation

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.

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.

Section § 3535

Explanation

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.

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)CA Government Code § 3535(a) Verifying that an excluded employee organization does in fact represent excluded employees.
(b)CA Government Code § 3535(b) Verifying the official status of excluded employee organization officers and representatives.
(c)CA Government Code § 3535(c) Access of excluded employee organization officers and representatives to work locations.
(d)CA Government Code § 3535(d) Use of official bulletin boards and other means of communication by excluded employee organizations.
(e)CA Government Code § 3535(e) Furnishing nonconfidential information pertaining to excluded employee relations to excluded employee organizations.
(f)CA Government Code § 3535(f) Any other matters as are necessary to carry out the purposes of this chapter.

Section § 3536

Explanation

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.

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.

Section § 3537

Explanation

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.

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.

Section § 3538

Explanation

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.

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.

Section § 3539

Explanation

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.

The enactment of this chapter shall not make Section 923 of the Labor Code applicable to state employees.

Section § 3539.5

Explanation

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.

(a)CA Government Code § 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)CA Government Code § 3539.5(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.

Section § 3539.6

Explanation

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.

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.