Section § 3596

Explanation

This section outlines certain procedures related to labor negotiations with higher education employers that are not subject to public meeting laws, unless both parties agree otherwise. It includes private discussions between employers and employee organizations, meetings with mediators, fact-finding or arbitration sessions, and internal strategy discussions by employers.

All the proceedings set forth in this section shall be exempt from the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2, and Section 92030 of the Education Code, unless the parties mutually agree otherwise:
(a)CA Government Code § 3596(a) Any meeting and conferring discussion between a higher education employer and a recognized or certified employee organization.
(b)CA Government Code § 3596(b) Any meeting of a mediator with either party or both parties to the meeting and conferring process.
(c)CA Government Code § 3596(c) Any hearing, meeting, or investigation conducted by a factfinder or arbitrator.
(d)CA Government Code § 3596(d) Any executive session of the higher education employer or between the higher education employer and its designated representatives for the purpose of discussing its position respecting meeting and conferring or regarding any matter within the scope of representation or instructing its designated representatives.

Section § 3597

Explanation

This section outlines the rights of student representatives during discussions between higher education employers and employee organizations representing student or academic staff. A student representative must be notified in writing about the meeting topics and can attend and comment during the meetings.

Student representatives can access documents exchanged during the meetings, have an aide present, and share comments with a mediator if there's an impasse. They are protected from coercion but must keep confidential information private; breaching confidentiality results in losing their involvement rights.

The student representative is chosen by the student body association of the educational institution, or if none exists, students may elect a representative.

(a)CA Government Code § 3597(a) Subject to provisions of subdivision (d), in all meeting and conferring between higher education employers and employee organizations representing student service or academic personnel, a student representative shall have the right to be notified in writing by the employer and the employee organizations of the issues under discussion. A student representative shall have the right to be present and comment at reasonable times during meeting and conferring between the employer and such employee organizations.
(b)CA Government Code § 3597(b) The student representative shall be provided access to all documents exchanged between the parties pertaining to the meeting and conferring and shall have the right to have an aide present during all meetings; in the case of mediation of impasses, the student representative shall have an opportunity at reasonable times to comment to the mediator on impasse issues; and shall be free from coercion or reprisals in the exercise of his or her rights as set forth in this section.
(c)CA Government Code § 3597(c) The student representative shall respect and maintain the rules governing confidentiality as they pertain to all parties involved in the meeting and conferring. Violations of this provision shall result in the termination of student involvement for the remainder of such meeting and conferring, and such other remedy, if any, deemed appropriate by the board.
(d)CA Government Code § 3597(d) For purposes of this section, a student representative shall be designated by the official student body association, if any, of the higher education employer, or segment thereof, engaged in meeting and conferring. If no student body association exists, the students may elect and designate a representative for the purposes of this section.

Section § 3598

Explanation

This law states that any agreement made must not go against federal or state laws that prohibit discrimination in the workplace. Simply put, you can't make an agreement that breaks the rules against employment discrimination.

No memorandum of understanding shall contravene any federal or state law, including rules and regulations promulgated pursuant to such laws, prohibiting discrimination in employment.

Section § 3599

Explanation

This section states that if a part of this chapter is found to be invalid for certain people or situations, the rest of the chapter remains unaffected. Essentially, only the specific part that is invalid will be disregarded, while the rest continues to apply.

If any provision of this chapter or the application of such provision to any person or circumstance 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.