Public Officers and EmployeesJudicial Council Employer-employee Relations
Section § 3524.50
This short section is basically saying what the official name of this chapter is. It's called the Judicial Council Employer-Employee Relations Act, which deals with employment and labor issues between the Judicial Council and its employees.
Section § 3524.51
This law's goal is to improve communication between the Judicial Council and its employees by establishing a clear process for resolving workplace disputes over issues like pay and job conditions. It encourages better management and healthier employer-employee relationships by allowing employees to form and join unions of their choice for representation in dealings with the Judicial Council. Moreover, the law ensures that these employee groups can be funded by the employees benefiting from their representation, supporting peaceful and constructive labor relations.
Section § 3524.52
This legal section defines key terms related to employee relations within the Judicial Council, part of California's judicial system.
The 'Board' refers to the Public Employment Relations Board, which has certain powers and duties. 'Confidential employees' are those who handle sensitive information impacting management decisions. 'Employee organizations' are groups representing employees in negotiations with the Judicial Council, except 'excluded employees' are those specially designated by the Council.
A 'fair share fee' is collected from employees who opt out of these organizations but still benefit from their representation. The 'Judicial Council' acts as the employer for bargaining purposes, represented by the Administrative Director of the Courts. 'Judicial Council employee' describes employees within the Council, excluding certain managerial or confidential staff.
'Maintenance of membership' means employees who join a recognized employee organization must remain members for a specified period unless they opt out at the term's end. 'Managerial employees' are those shaping organizational policies, while 'supervisory employees' manage others with significant autonomy.
'Mediation' involves a neutral party helping resolve workplace disputes, and 'professional employees' are those performing complex work requiring advanced education. Lastly, a 'recognized employee organization' is one given formal recognition to represent employees, and the term 'supervisory employee' is defined by those in a managerial role without redundant duties.
Section § 3524.53
This law gives the Judicial Council the power to decide which of its state employee positions are to be considered 'excluded positions.' These are positions that are not part of a union or bargaining unit. However, they must ensure that these excluded positions, including managerial and supervisory roles, do not make up more than one-third of all their authorized positions. No external board can review their designation of these positions.
Section § 3524.54
This law states that if someone purposely tries to stop or get in the way of board members or their agents while they're doing their job, it's considered a misdemeanor. If found guilty, the person can be fined up to $1,000.
Section § 3524.55
This law section explains that the responsibility for deciding if unfair labor practices are happening and what to do about them belongs to a specific board. However, if there’s an unlawful strike, the board can’t award damages for things like preparation costs or losses during the strike.
Anyone involved—employees, their organizations, or employers—can file a charge about unfair practices, but there are rules. The board won’t act on charges about events that happened more than six months ago, or on charges that should first be handled by the parties' own dispute procedures, unless using those is pointless.
Even though the board cannot enforce agreements between parties, it can order parties to stop unfair practices and may require actions like reinstating employees to fix the situation.
Section § 3524.56
This law states that employees of the Judicial Council in California have the right to join, form, or participate in employee organizations for representation on employer-employee matters. They can also choose not to join these organizations. However, agreements regarding membership maintenance or fair share fee provisions can be made through mutual understanding. Additionally, employees are allowed to represent themselves in dealings with the Judicial Council.
Section § 3524.57
This law states that employee organizations have the right to represent their members when dealing with the Judicial Council about work-related issues. If an employee organization is officially recognized as the sole representative for a group, it is the only one allowed to represent that group. These organizations can set reasonable rules about who can join and how members can be removed. However, this law does not stop any employee from representing themselves in their employment matters with the Judicial Council.
Section § 3524.58
This law allows employee organizations to collect dues and fees directly from an employee’s paycheck until a single organization is recognized as the exclusive representative for those employees. Once the exclusive representative is recognized, only that group can have money deducted from paychecks for such purposes.
Section § 3524.59
This section says that when an employee organization becomes the official representative for a group of employees, it can make a deal with the Judicial Council to manage membership and fees through payroll deductions. These fees are collected from employees' salaries and sent to the organization, except for certain religious objectors who direct their fees to nonreligious charitable funds.
Employees can vote to cancel the fee arrangement, needing support from 30% of the group for a vote. The employee organization must keep detailed financial records and share them every year. If it fails to do so, employees can ask for a compliance order. If someone objects on religious grounds but still needs representation, they might have to pay for representation costs. Lastly, the organization must represent fee-paying employees fairly, without discrimination or bad faith.
Section § 3524.60
If you are a Judicial Council employee in California and you pay a "fair share fee" to a recognized employee organization, you have the right to request a refund for certain parts of that fee. Specifically, you can get back the portion of your fee that was used for political or ideological activities not related to your employment terms or for benefits only available to members of the organization. However, you cannot get a refund for costs related to lobbying for policy goals or negotiations that improve wages and working conditions. If needed, a board can require the organization to give you this refund.
Section § 3524.61
This law section defines what topics are covered during negotiations between employees and their employer. The focus is only on wages, hours, and work conditions. Other aspects, like the actual value or need for a service, aren't part of these discussions.
Section § 3524.62
The law requires employers to provide reasonable written notice to employee organizations about any proposed changes to laws or regulations that affect employee representation. This gives organizations a chance to discuss and negotiate with the employer's representatives before changes are made.
In emergencies, where changes must happen immediately, employers don't need to notify employees beforehand but must listen to employee concerns as soon as possible after the change is made.
Section § 3524.63
This law requires the Administrative Director of the Courts in California, or their appointed representatives, to meet and discuss in good faith with employee organizations about topics like pay, work hours, and job conditions. This discussion must happen before any decisions on policies or actions are made. 'Meet and confer in good faith' means both parties must willingly and promptly discuss and exchange ideas and try to reach an agreement, especially before the state finalizes its budget for the next year. They must also allow time to resolve any disagreements.
Section § 3524.64
This section explains that when a deal is made between the court's administrative leader and the employee group that's officially recognized, they need to document it in writing. Then, if needed, they present this document to the state lawmakers to secure funding and make any necessary changes to related laws.
Section § 3524.65
This law section explains the process for handling additional agreements, known as side letters or appendices, related to salary and benefits that require a significant amount of money ($250,000 or more) and are not included in the original understanding or budget. These documents must be sent to the Joint Legislative Budget Committee, which will decide whether they need new legislative approval within 30 days if they propose meaningful changes beyond the original agreement.
If an additional agreement doesn’t involve spending money, the Judicial Council must clearly identify it if it is to be included in a future agreement that is submitted to the Legislature for more funds or changes to the law.
Section § 3524.66
This law says that if the legislature does not provide enough money for any part of an agreement (called a memorandum of understanding) that needs funding, either side can choose to renegotiate part or all of that agreement.
However, the parties are still allowed to implement the parts of the agreement that don’t need the legislature’s approval.
Section § 3524.67
When an agreement between the Administrative Director of the Courts and an employee organization expires, and no new agreement is reached, they must continue following the old terms if negotiations are ongoing. This includes terms that override current law, arbitration agreements, and more.
If talks break down with no progress, the Judicial Council can choose to implement its final offer. However, if these proposals contradict existing laws or need extra funding, they must be reviewed and funded by the Legislature. This process doesn't end the need for future negotiations or the organization's rights.
Section § 3524.68
This section explains what happens when the Administrative Director of the Courts and a recognized employee organization can't reach an agreement after a reasonable amount of time. They can agree to hire a mediator they both like, or either can ask the board to appoint one. If they agree on a mediator, they split the costs equally between the Judicial Council and the employee organization. If the board chooses the mediator, the board pays for it.
Section § 3524.69
This law states that employees who represent recognized employee organizations should be allowed a reasonable amount of paid time off when they need to meet with the Judicial Council about work-related issues. This applies only to Judicial Council employees and only when there isn't a memorandum of understanding in place.
Section § 3524.70
This law prohibits certain types of employees, such as managerial, confidential, supervisory, and excluded employees, from being elected to leadership positions in employee organizations that also represent employees from the Judicial Council.
Section § 3524.71
This law section makes it illegal for the Judicial Council to engage in certain unfair labor practices. It can't retaliate against or discriminate against employees for exercising their rights. It must respect the rights of employee organizations. The Council has to meet with employee organizations in good faith and can't interfere in their operations or promote one over another. Additionally, it must participate in mediation when required.
Section § 3524.72
This law makes it illegal for employee organizations to engage in certain harmful actions. They can't try to make the Judicial Council break any rules. They must not take revenge on, or discriminate against, employees exercising their legal rights. Also, they are required to engage in discussions with the Judicial Council in a sincere manner about employee matters. Lastly, they must cooperate genuinely in the mediation process specified by the law.
Section § 3524.73
This law outlines when a court can review decisions about groups of workers, known as unit determinations. There are two main situations for review: if the board agrees the case is important and asks for review, or if the issue comes up in a defense against an unfair practice complaint. A unit determination order can be challenged in court, but an election that results from it cannot be delayed during this review process.
If you're affected by the board's final decision in an unfair practice case, you can request a special court review within 30 days. The request goes to the appeals court where the case happened. The board must then submit all related documents to the court, unless an extension is granted. The court can enforce, modify, or cancel the board's order if there's substantial evidence supporting it.
If you miss the deadline to challenge the board's decision, the board can ask the court to enforce the order. If the court finds everything was done properly and someone still refuses to follow the order, the court will enforce compliance without re-examining the decision's merits.
Section § 3524.74
This law outlines how employee organizations, or unions, representing workers of the Judicial Council are recognized and how employees can choose their representation. Employees have the right to represent themselves if they wish.
The board is responsible for setting up rules for petitions, elections, and determining suitable employee groups for negotiation purposes. It ensures that Judicial Council employees are only grouped with other Judicial Council employees.
If employees want to change or revoke their chosen representative organization, they can do so by a majority vote, but only after the first year of recognition.
Section § 3524.75
The Judicial Council is responsible for creating rules for: registering employee groups and genuine associations; deciding if these groups qualify as employee organizations or bona fide associations; and identifying the official leaders who represent these groups.
Section § 3524.76
This law states that if an administrative law judge makes a decision about recognizing or certifying an employee organization and someone appeals it, that decision automatically becomes the final say unless the board overturns it within 180 days of the appeal being filed.
Section § 3524.77
This law outlines how the board should determine an appropriate employee unit for representation and election purposes. It emphasizes that the board cannot direct an election unless at least one employee organization involved agrees to it. When deciding on the unit, the board considers various factors such as shared interests among employees, the unit's influence on negotiations, and its impact on the employer's efficiency and public service duties. Separate units for skilled crafts employees, like carpenters or electricians, are specifically recognized, allowing representation based on their trade. Although professional and nonprofessional employees are typically not in the same unit, exceptions can be made depending on the evidence regarding shared interests.
Section § 3524.78
This law states that all initial proposals and counterproposals during employee-employer negotiations must be presented at public meetings and recorded as public documents. Before any discussions happen on these proposals, at least seven days should pass so the public can be informed and give their opinions, with the employer considering public comments afterward in an open meeting.
If a new matter arises during negotiations, it must be documented and made public after 48 hours. However, in cases of emergencies beyond anyone's control, like natural disasters, discussions and actions on proposals can occur immediately without the usual waiting period, but results should be disclosed as soon as possible.
Section § 3524.79
This law states that Section 923 of the Labor Code does not apply to employees of the Judicial Council. In simple terms, whatever rules or conditions are laid out in Labor Code Section 923, they do not affect people working for the Judicial Council.
Section § 3524.80
This section clarifies that the current pay, working hours, and employment terms for Judicial Council employees remain unchanged unless officially altered through Judicial Council procedures or through an agreement made between the Judicial Council and an employee organization.
Section § 3524.81
This law says that if any part of this chapter is found to be invalid or doesn't apply to a particular person or situation, it won't affect the rest of the chapter. The other parts that can still work without the invalid one will continue to be effective. Basically, each part of the chapter stands on its own and can function independently.