Section § 3524.50

Explanation

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.

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

Section § 3524.51

Explanation

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.

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.

Section § 3524.52

Explanation

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.

For purposes of this chapter:
(a)CA Government Code § 3524.52(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)CA Government Code § 3524.52(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)CA Government Code § 3524.52(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)CA Government Code § 3524.52(d) “Excluded employees” means any employee occupying a position specifically designated by the Judicial Council pursuant to Section 3524.53.
(e)CA Government Code § 3524.52(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)CA Government Code § 3524.52(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)CA Government Code § 3524.52(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)CA Government Code § 3524.52(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)CA Government Code § 3524.52(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)CA Government Code § 3524.52(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)CA Government Code § 3524.52(k) “Professional employee” means either of the following:
(1)CA Government Code § 3524.52(k)(1) Any employee engaged in any of the following types of work:
(A)CA Government Code § 3524.52(k)(1)(A) Predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work.
(B)CA Government Code § 3524.52(k)(1)(B) Work involving the consistent exercise of discretion and judgment in its performance.
(C)CA Government Code § 3524.52(k)(1)(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)CA Government Code § 3524.52(k)(1)(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)CA Government Code § 3524.52(k)(2) Any employee for which both of the following apply:
(A)CA Government Code § 3524.52(k)(2)(A) Completed the courses of specialized intellectual instruction and study described in subparagraph (D) of paragraph (1).
(B)CA Government Code § 3524.52(k)(2)(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)CA Government Code § 3524.52(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)CA Government Code § 3524.52(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.

Section § 3524.53

Explanation

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.

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.

Section § 3524.54

Explanation

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.

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).

Section § 3524.55

Explanation

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.

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)CA Government Code § 3524.55(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)CA Government Code § 3524.55(a)(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)CA Government Code § 3524.55(a)(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)CA Government Code § 3524.55(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)CA Government Code § 3524.55(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.

Section § 3524.56

Explanation

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.

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.

Section § 3524.57

Explanation

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.

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.

Section § 3524.58

Explanation

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.

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.

Section § 3524.59

Explanation

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.

(a)CA Government Code § 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)CA Government Code § 3524.59(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)CA Government Code § 3524.59(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)CA Government Code § 3524.59(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)CA Government Code § 3524.59(d)(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)CA Government Code § 3524.59(d)(2) The vote shall be by secret ballot.
(3)CA Government Code § 3524.59(d)(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)CA Government Code § 3524.59(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)CA Government Code § 3524.59(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)CA Government Code § 3524.59(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.

Section § 3524.60

Explanation

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.

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.

Section § 3524.61

Explanation

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.

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.

Section § 3524.62

Explanation

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.

(a)CA Government Code § 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)CA Government Code § 3524.62(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.

Section § 3524.63

Explanation

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.

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.

Section § 3524.64

Explanation

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.

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.

Section § 3524.65

Explanation

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.

(a)CA Government Code § 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)CA Government Code § 3524.65(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.

Section § 3524.66

Explanation

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.

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.

Section § 3524.67

Explanation

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.

(a)CA Government Code § 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)CA Government Code § 3524.67(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.

Section § 3524.68

Explanation

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.

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.

Section § 3524.69

Explanation

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.

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.

Section § 3524.70

Explanation

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.

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.

Section § 3524.71

Explanation

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.

It shall be unlawful for the Judicial Council to do any of the following:
(a)CA Government Code § 3524.71(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)CA Government Code § 3524.71(b) Deny to employee organizations rights guaranteed to them by this chapter.
(c)CA Government Code § 3524.71(c) Refuse or fail to meet and confer in good faith with a recognized employee organization.
(d)CA Government Code § 3524.71(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)CA Government Code § 3524.71(e) Refuse to participate in good faith in the mediation procedure set forth in Section 3524.68.

Section § 3524.72

Explanation

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.

It shall be unlawful for an employee organization to do any of the following:
(a)CA Government Code § 3524.72(a) Cause or attempt to cause the Judicial Council to violate Section 3524.71.
(b)CA Government Code § 3524.72(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)CA Government Code § 3524.72(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)CA Government Code § 3524.72(d) Refuse to participate in good faith in the mediation procedure set forth in Section 3524.68.

Section § 3524.73

Explanation

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.

(a)CA Government Code § 3524.73(a) Judicial review of a unit determination shall only be allowed under either of the following circumstances:
(1)CA Government Code § 3524.73(a)(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)CA Government Code § 3524.73(a)(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)CA Government Code § 3524.73(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)CA Government Code § 3524.73(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)CA Government Code § 3524.73(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.

Section § 3524.74

Explanation

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.

(a)CA Government Code § 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)CA Government Code § 3524.74(b) The board shall establish reasonable procedures for petitions and for holding elections and determining appropriate units pursuant to subdivision (a).
(c)CA Government Code § 3524.74(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)CA Government Code § 3524.74(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.

Section § 3524.75

Explanation

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.

The Judicial Council shall adopt reasonable rules and regulations for all of the following:
(a)CA Government Code § 3524.75(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)CA Government Code § 3524.75(b) Determining the status of organizations and associations as employee organizations or bona fide associations.
(c)CA Government Code § 3524.75(c) Identifying the officers and representatives who officially represent employee organizations and bona fide associations.

Section § 3524.76

Explanation

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.

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.

Section § 3524.77

Explanation

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.

(a)CA Government Code § 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)CA Government Code § 3524.77(b) In determining an appropriate unit, the board shall take into consideration all of the following criteria:
(1)CA Government Code § 3524.77(b)(1) The internal and occupational community of interest among the employees, including, but not limited to, all of the following:
(A)CA Government Code § 3524.77(b)(1)(A) The extent to which they perform functionally related services or work toward established common goals.
(B)CA Government Code § 3524.77(b)(1)(B) The history of employee representation in state government and in similar employment.
(C)CA Government Code § 3524.77(b)(1)(C) The extent to which the employees have common skills, working conditions, job duties, or similar educational or training requirements.
(D)CA Government Code § 3524.77(b)(1)(D) The extent to which the employees have common supervision.
(2)CA Government Code § 3524.77(b)(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)CA Government Code § 3524.77(b)(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)CA Government Code § 3524.77(b)(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)CA Government Code § 3524.77(b)(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)CA Government Code § 3524.77(b)(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)CA Government Code § 3524.77(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.

Section § 3524.78

Explanation

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.

(a)Copy CA Government Code § 3524.78(a)
(1)Copy CA Government Code § 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)CA Government Code § 3524.78(a)(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)CA Government Code § 3524.78(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)CA Government Code § 3524.78(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)CA Government Code § 3524.78(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.

Section § 3524.79

Explanation

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.

This chapter shall not be construed to apply Section 923 of the Labor Code to Judicial Council employees.

Section § 3524.80

Explanation

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.

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.

Section § 3524.81

Explanation

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.

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.