Section § 3599.50

Explanation

This section establishes the official name for a set of laws governing the relationship between the California Legislature and its employees as the Legislature Employer-Employee Relations Act.

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

Section § 3599.51

Explanation

This law encourages open communication between employers and employees, particularly in resolving disputes about wages and work conditions. It aims to improve how employers manage their staff and recognizes employees' rights to join and be represented by employee organizations. It also allows employees to choose one organization to exclusively represent them and get financial support from those benefiting from the representation.

The Legislature finds and declares that it is the purpose of this chapter to promote full communication between each employer and its employees by providing a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment between the employer 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 employer by providing a uniform basis for recognizing the right of its employees to join organizations of their own choosing and be represented by those organizations in their employment relations with their employer. It is further the purpose of this chapter, in order to foster peaceful employer-employee relations, to allow the 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 § 3599.52

Explanation

This law explains terms related to the relationship between employees of the California Legislature and their governing bodies. A 'Board' refers to the Public Employment Relations Board, which oversees employment relations without interfering with legislative functions. An 'Employee' includes most legislative staff, excluding legislative members, appointed officers, department leaders, confidential employees, and other excluded roles. Employers have the sole power to classify these roles. An 'Employee organization' represents employees in dealings with the employer. 'Employer' refers to the Assembly or Senate Committee on Rules. 'Maintenance of membership' ensures employees in a recognized organization remain members for a specified period unless they officially withdraw. 'Mediation' involves a neutral party helping resolve employment disputes, and 'Recognized employee organization' refers to a group acknowledged as the exclusive representative for employees.

For purposes of this chapter:
(a)CA Government Code § 3599.52(a) “Board” means the Public Employment Relations Board. The powers and duties of the board described in Section 3541.3 also apply, as appropriate, to this chapter, except as otherwise provided in this chapter. Notwithstanding this chapter or any other law, the board shall not intrude upon or interfere with the Legislature’s core function of efficient and effective lawmaking or the essential operation of the Legislature.
(b)Copy CA Government Code § 3599.52(b)
(1)Copy CA Government Code § 3599.52(b)(1) “Employee” means any employee respectively of either house of the Legislature, except all of the following:
(A)CA Government Code § 3599.52(b)(1)(A) Members of the Legislature.
(B)CA Government Code § 3599.52(b)(1)(B) Appointed officers of the Legislature, such as the Secretary of the Senate and the Chief Clerk of the Assembly.
(C)CA Government Code § 3599.52(b)(1)(C) Department or office leaders, such as chiefs-of-staff, staff directors, and chief consultants. “Department or office leader” means any supervisory employee 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 effectively to recommend this action, if, in connection with the foregoing, the exercise of any authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(D)CA Government Code § 3599.52(b)(1)(D) Confidential employees. “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.
(E)CA Government Code § 3599.52(b)(1)(E) Excluded employees.
(2)CA Government Code § 3599.52(b)(2) Notwithstanding any other provision of this chapter, the employer shall have the sole and exclusive authority to designate employees as department or office leaders, confidential employees, or excluded employees, as specified in subparagraphs (C) to (E), inclusive, of paragraph (1), except that department or office leaders, confidential employees, and excluded employees shall not, collectively, exceed one-third of the total employee positions authorized by the employer.
(c)CA Government Code § 3599.52(c) “Employee organization” means any organization that includes employees and that has as one of its primary purposes representing these employees in their relations with the employer.
(d)CA Government Code § 3599.52(d) “Employer” means the Assembly Committee on Rules or the Senate Committee on Rules. For the purposes of bargaining or meeting and conferring in good faith, “employer” means the Assembly Committee on Rules or the Senate Committee on Rules, or their designated representatives, acting with the authorization of their respective houses.
(e)CA Government Code § 3599.52(e) “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 does 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.
(f)CA Government Code § 3599.52(f) “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 employer and the recognized employee organization or recognized employee organizations through interpretation, suggestion, and advice.
(g)CA Government Code § 3599.52(g) “Recognized employee organization” means an employee organization that has been recognized by the employer as the exclusive representative of the employees in an appropriate unit.

Section § 3599.54

Explanation

If anyone deliberately tries to stop or obstruct a board member or their agents from doing their job, they can be charged with a misdemeanor. If convicted, the person could 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 § 3599.55

Explanation

This law states that a specific board has the sole authority to decide if claims of unfair practices are valid and to determine necessary remedies, except when dealing with damages from unlawful strikes, where certain expenses and losses can't be covered. Employees, employee groups, or employers can file unfair practice charges, but the board has limitations on issuing complaints. Complaints can't be based on actions older than six months before the charge was made, and they must respect existing agreements unless using those grievance processes seems pointless. The board can decide against agreements that don't relate to unfair practices under this law. The board can order parties to stop unfair practices and make them take corrective actions, like reinstating workers, but it can't interfere with the Legislature's duties.

The initial determination as to whether charges of unfair practices are justified, and, if so, what remedy is necessary to effectuate the purposes of this chapter, is 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 not award strike-preparation expenses as damages, and shall not 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 § 3599.55(a) Any employee or employee organization, or the employer, has the right to file an unfair practice charge, except that the board shall not do either of the following:
(1)CA Government Code § 3599.55(a)(1) Issue a complaint respecting a charge based upon an alleged unfair practice that occurred more than six months prior to the filing of the charge.
(2)CA Government Code § 3599.55(a)(2) Issue a complaint respecting 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 procedures would be futile, their exhaustion is not necessary. The board has 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 paragraph (1) to have been tolled during the time it took the charging party to exhaust the grievance machinery.
(b)CA Government Code § 3599.55(b) The board shall not enforce agreements between the parties or issue a complaint on any charge based on an alleged violation of an agreement that would not also constitute an unfair practice under this chapter.
(c)CA Government Code § 3599.55(c) The board may 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, except that the board shall not issue any decision or order that intrudes upon or interferes with the Legislature’s core function of efficient and effective lawmaking or the essential operation of the Legislature.

Section § 3599.56

Explanation

This law grants employees the freedom to choose whether to join or participate in employee organizations to represent them in dealings with their employer. Employees can also opt not to join these groups. However, agreements can include a rule requiring employees to remain members if they already are. Importantly, employees always have the right to handle their employment matters with their employer on their own.

Employees 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. Employees also have the right to refuse to join or participate in the activities of employee organizations, except that the parties are not precluded from agreeing to a maintenance of membership provision pursuant to a memorandum of understanding. In any event, employees have the right to represent themselves individually in their employment relations with the employer.

Section § 3599.57

Explanation

Employee organizations can represent their members in dealings with employers. However, if an organization is recognized as the sole representative for a group of employees, only that organization can represent them in employment matters. These organizations can set rules about who can join or be removed from their group. Importantly, employees still have the right to speak for themselves in their own job-related matters.

Employee organizations have the right to represent their members in their employment relations with the employer, 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 employer. Employee organizations may establish reasonable restrictions regarding who may join and may make reasonable provisions for the dismissal of individuals from membership. This section does not prohibit any employee from appearing on the employee’s own behalf in the employee’s employment relations with the employer.

Section § 3599.58

Explanation

If you're part of an employee organization, you can have your dues and fees taken out of your paycheck automatically. However, once a certain organization becomes the main representative for a group of employees, only that organization can handle these paycheck deductions for its members in that group.

All employee organizations 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 are not permissible except to the exclusive representative.

Section § 3599.59

Explanation

If a union is recognized as the official representative of a group of employees, it can make an agreement with the employer to deduct membership dues directly from employees' paychecks to support union activities. This is known as a maintenance of membership deduction.

The employer must provide the union with enough employment data to calculate these membership fees and ensure the correct amounts are deducted. The deducted fees, along with detailed records, must be sent to the union every month. If the union requests, this data may need to be in a machine-readable format.

(a)CA Government Code § 3599.59(a) Once an employee organization is recognized as the exclusive representative of an appropriate unit, it may enter into an agreement with the employer providing for organizational security in the form of a maintenance of membership deduction.
(b)CA Government Code § 3599.59(b) The employer shall furnish the recognized employee organization with sufficient employment data to allow the organization to calculate membership fees, and shall deduct the amount specified by the recognized employee organization from the salary or wages of every employee for the membership 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.

Section § 3599.60

Explanation

This section outlines what topics can and cannot be negotiated between employers and employees in the workplace. Employers and employees can only negotiate over things like wages, work hours, and other job conditions. However, they cannot negotiate about how services or activities required by law are organized or operated.

Additionally, several specific issues are excluded from negotiations because they fall under the Legislature’s authority. These include qualifications and elections of legislators, the internal procedures and rules of the legislative bodies, legislative calendars, and any laws or policies about ethics and conflicts of interest.

(a)CA Government Code § 3599.60(a) The scope of representation is limited to wages, hours, and other terms and conditions of employment, except that the scope of representation does not include consideration of the merits, necessity, or organization of any service or activity provided by law.
(b)CA Government Code § 3599.60(b) In view of the powers and responsibilities vested in the Legislature pursuant to the California Constitution, decisions regarding the following matters shall not be included within the scope of representation:
(1)CA Government Code § 3599.60(b)(1) Any matter relating to the qualifications and elections of Members of the Legislature, or the holding of office of Members of the Legislature.
(2)CA Government Code § 3599.60(b)(2) Any matter relating to the Legislature or each house thereof choosing its officers, adopting rules for its proceedings, selecting committees necessary for the conduct of its business, considering and enacting legislation, or otherwise exercising the legislative power of this state.
(3)CA Government Code § 3599.60(b)(3) Any matter relating to legislative calendars, schedules, and deadlines of the Legislature.
(4)CA Government Code § 3599.60(b)(4) Laws, rules, policies, or procedures regarding ethics or conflicts of interest.

Section § 3599.61

Explanation

This law requires employers to notify employee organizations in writing about any new policies affecting them, and to give those organizations a chance to discuss these changes before they happen. However, in emergency situations where immediate action is necessary, the employer can adopt new policies without prior notice, but must inform the organizations and discuss the changes as soon as possible afterward.

(a)CA Government Code § 3599.61(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 policy or procedure 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 employer.
(b)CA Government Code § 3599.61(b) In cases of emergency when the employer determines that a policy or procedure must be adopted immediately without prior notice or meeting with a recognized employee organization, the employer shall provide notice and opportunity to meet and confer in good faith at the earliest practical time following the adoption of the policy or procedure.

Section § 3599.62

Explanation

This law requires employers to engage in fair and honest discussions with employee organizations about wages, work hours, and other job conditions. It means they need to meet and talk with these groups when either side requests it, allowing enough time to discuss and resolve issues before the state's budget for the next year is finalized.

Employers must share relevant but non-confidential information with these employee groups. However, they are not obligated to share confidential information, which is protected by law from public access. Information such as an employee's name, job title, work location, and contact details is not considered confidential in this context.

(a)CA Government Code § 3599.62(a) The employer 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 employer and representatives of recognized employee organizations have the mutual obligation to personally 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.
(b)CA Government Code § 3599.62(b) The employer shall freely provide to representatives of recognized employee organizations nonconfidential information that is necessary and relevant to their scope of representation. However, this chapter does not require the employer to provide confidential information to representatives of recognized employee organizations. For purposes of this subdivision, “confidential information” means any information contained in records that are exempt from public disclosure under federal or state law. “Confidential information” does not include the name, job title, office, workplace location, work telephone number and email address, and home or personal telephone number and email address, if on file with the employer, for employees in the bargaining unit of the recognized employee organization.

Section § 3599.63

Explanation

This law section says that when an employer and an employee organization come to an agreement, they need to write down the terms in a memorandum of understanding. This document should then be submitted to the employer for approval as a formal resolution if necessary.

If an agreement is reached between the employer and the recognized employee organization, the parties shall jointly prepare a written memorandum of understanding reflecting the terms of the agreement, which shall be presented, when appropriate, to the employer for adoption as a resolution.

Section § 3599.64

Explanation

This law states that if any additional documents, like side letters or appendices, are intended to be part of a new agreement with an employer, they must be clearly identified by all parties involved. This ensures that these documents are recognized and officially part of the next agreement that will be submitted for approval.

A side letter, appendix, or other addendum to a properly ratified memorandum of understanding shall be expressly identified by the parties if that side letter, appendix, or other addendum is to be incorporated in a subsequent memorandum of understanding submitted to the employer for adoption as a resolution.

Section § 3599.65

Explanation

If an employer doesn't fully pay for parts of an agreement that need funding, both parties can renegotiate some or all of the agreement. They can also agree on parts that don't need legislative approval.

If the employer 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. The parties are not precluded from agreeing to and effecting those provisions of the memorandum of understanding that do not require legislative adoption of a resolution.

Section § 3599.66

Explanation

This law states that if a labor agreement between an employer and a recognized employee organization expires and they haven't agreed on a new one or reached a negotiation impasse, the terms of the old agreement still apply. This includes terms that are above current laws, involve arbitration, or limit strikes.

If negotiations do hit a standstill, the employer can adopt its final offer, but both parties must continue to negotiate in good faith if circumstances change. This doesn't take away any negotiation rights the employee group has.

(a)CA Government Code § 3599.66(a) If a memorandum of understanding has expired, and the employer 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 provisions that supersede existing law, arbitration provisions, no-strike provisions, and agreements regarding matters covered in the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.).
(b)CA Government Code § 3599.66(b) If the employer and the recognized employee organization reach an impasse in negotiations for a new memorandum of understanding, the employer may implement any or all of its last, best, and final offer through adoption of a resolution. 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 result in a waiver of rights that the recognized employee organization has under this chapter.

Section § 3599.67

Explanation

If an employer and an employee organization can't agree after trying for a reasonable time, they have options for mediation. They can jointly choose a mediator and split the mediation costs, or one party can ask the board to appoint one. If the board picks the mediator, they cover the mediation costs instead.

If, after a reasonable period of time, the employer and the recognized employee organization fail to reach an agreement, the employer 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, the costs of mediation shall be divided one-half to the employer 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 § 3599.68

Explanation

Employee representatives from recognized organizations must be given paid time off to discuss work-related matters with their employer. This is only valid when a formal understanding isn’t currently in place and applies exclusively to employees as defined in a specific section.

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 the employer on matters within the scope of representation. This section applies only to employees, as defined by Section 3599.52, and only for periods when a memorandum of understanding is not in effect.

Section § 3599.69

Explanation

This law makes it illegal for employers to retaliate against employees or applicants who exercise their rights under this chapter. Employers cannot discriminate against or coerce employees. Employers must also respect the rights of employee organizations and meet with them in good faith. They can't interfere with or financially support employee organizations unjustly, nor should they promote one organization over another. Additionally, employers are required to participate in mediation processes as outlined in a related section.

It is unlawful for the employer to do any of the following:
(a)CA Government Code § 3599.69(a) Impose or threaten to impose reprisals on employees, discriminate or threaten to discriminate against employees, or otherwise 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 § 3599.69(b) Deny to employee organizations rights guaranteed to them by this chapter.
(c)CA Government Code § 3599.69(c) Refuse or fail to meet and confer in good faith with a recognized employee organization.
(d)CA Government Code § 3599.69(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 § 3599.69(e) Refuse to participate in good faith in the mediation procedure set forth in Section 3599.67.

Section § 3599.70

Explanation

This law makes it illegal for an employee organization, such as a union, to make an employer break certain rules, threaten or discriminate against employees for using their legal rights, avoid meeting with lawmakers to discuss employee issues, or refuse to take part in mediation proceedings.

It is unlawful for an employee organization to do any of the following:
(a)CA Government Code § 3599.70(a) Cause or attempt to cause the employer to violate Section 3599.69.
(b)CA Government Code § 3599.70(b) Impose or threaten to impose reprisals on employees, discriminate or threaten to discriminate against employees, or otherwise interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by this chapter.
(c)CA Government Code § 3599.70(c) Refuse or fail to meet and confer in good faith with the Legislature in relation to the employees for whom it is the recognized employee organization.
(d)CA Government Code § 3599.70(d) Refuse to participate in good faith in the mediation procedure set forth in Section 3599.67.

Section § 3599.71

Explanation

This section discusses how judicial reviews can occur concerning unit determinations and unfair practice complaints in labor relations. Judicial review is allowed if either the board agrees the case is important, or the issue is raised as a defense to an unfair practice complaint. A special type of court relief, called a 'writ of extraordinary relief', can be sought by a party involved in the case after the board has issued a decision. This petition must be filed within 30 days in the district court of appeals where the dispute happened. The court must then inform the board, which will submit the case records. The court can enforce, modify, or cancel the board's orders if supported by strong evidence.

If too much time has passed to request a review, the board itself can ask a district court to enforce its final decisions if someone refuses to comply. In this case, the court will ensure the order is carried out but won't re-evaluate the order's merits.

(a)CA Government Code § 3599.71(a) Judicial review of a unit determination is allowed only under either of the following circumstances:
(1)CA Government Code § 3599.71(a)(1) When the board, in response to a petition from the employer or an employee organization, agrees that the case is one of special importance and joins in the request for review.
(2)CA Government Code § 3599.71(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.
(b)CA Government Code § 3599.71(b) Upon receipt of a board order joining in a request for judicial review, a party to the case may petition for a writ of extraordinary relief from the unit determination decision or order.
(c)CA Government Code § 3599.71(c) 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 the decision or order.
(d)CA Government Code § 3599.71(d) 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 has 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, are conclusive. The provisions of Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure relating to writs, except where specifically superseded herein, apply to proceedings pursuant to this section.
(e)CA Government Code § 3599.71(e) 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 a 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 § 3599.72

Explanation

This law outlines how employees and their organizations are recognized for representation purposes. An employer must recognize employee organizations chosen according to board rules, but employees can choose to represent themselves. The board sets up procedures for petitions and elections to form appropriate bargaining units. When organizing these units, only employees from the same employer can be grouped together. Employees cannot be split based on political party or assigned both Senate and Assembly employees in the same group. Furthermore, employees can vote to revoke the recognition of their representative organization, but only after at least a year since recognition was granted.

(a)CA Government Code § 3599.72(a) The employer shall grant exclusive recognition to employee organizations designated or selected pursuant to rules established by the board for employees or an appropriate unit thereof, subject to the right of an employee to self-represent.
(b)CA Government Code § 3599.72(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 § 3599.72(c) The board, as it determines appropriate bargaining units, shall not include employees in a bargaining unit that includes employees other than those of the employer. The board shall not include within a bargaining unit employees from both the Assembly and Senate. The board shall not separate employees into bargaining units solely based on political affiliation.
(d)CA Government Code § 3599.72(d) The board shall 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 § 3599.73

Explanation

This law requires employers to set up fair rules for a few specific tasks involving employee organizations. These tasks include how employee groups get registered, how their official status is determined, and how to identify their leaders.

The employer shall adopt reasonable rules for all of the following:
(a)CA Government Code § 3599.73(a) Registering employee organizations, as defined by subdivision (c) of Section 3599.52.
(b)CA Government Code § 3599.73(b) Determining the status of organizations as employee organizations.
(c)CA Government Code § 3599.73(c) Identifying the officers and representatives who officially represent employee organizations.

Section § 3599.74

Explanation

This law states that if an administrative law judge makes a decision about whether an employee organization is recognized or certified, and that decision is appealed, it becomes the final order of the board if the board doesn't make a new ruling 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 is 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 § 3599.75

Explanation

When deciding the right group of employees for representation, the board must follow specific guidelines. First, an election for representation won't happen unless an employee group wants it. To decide on the group, the board looks at factors like shared work interests and goals among employees, their job history in the government, and similar skills and working conditions. Also considered are how the group affects discussions between worker groups and employers, the group's size, and work locations. The impact on employer operations, public service duties, and employee representation rights is also reviewed. Finally, the board checks if grouping affects negotiations due to splitting employees into too many groups. Political affiliation is not a valid reason for forming a group.

(a)CA Government Code § 3599.75(a) In determining an appropriate unit, the board is 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 seeks or agrees to an election in the unit.
(b)CA Government Code § 3599.75(b) In determining an appropriate unit, the board shall take into consideration all of the following criteria:
(1)CA Government Code § 3599.75(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 § 3599.75(b)(1)(A) The extent to which they perform functionally related services or work toward established common goals.
(B)CA Government Code § 3599.75(b)(1)(B) The history of employee representation in state government and in similar employment.
(C)CA Government Code § 3599.75(b)(1)(C) The extent to which the employees have common skills, working conditions, job duties, or similar educational or training requirements.
(2)CA Government Code § 3599.75(b)(2) The effect that the projected unit will have on the meet and confer relationships, emphasizing the availability and authority of the employer’s 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 employer, 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 § 3599.75(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 employer and its employees to serve the public.
(4)CA Government Code § 3599.75(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 § 3599.75(b)(5) The impact on the meet and confer relationship created by fragmentation of employees or any proliferation of units among employees.
(c)CA Government Code § 3599.75(c) Political affiliation shall not constitute a community of interest for purposes of determining an appropriate unit.

Section § 3599.76

Explanation

This law section focuses on how employee organizations and employers exchange and handle initial proposals in meet and confer settings. The proposals must be presented publicly, and they become public records. After presenting proposals, there must be a seven-day period for the public to read and comment on them before any meetings occur, unless there's an emergency, like a natural disaster, which allows for immediate action. Furthermore, if any new substantial topics arise in discussions, they must be recorded as public records 48 hours later. Lastly, this section doesn't change the Legislature's ability to have closed meetings under certain constitutional provisions.

(a)Copy CA Government Code § 3599.76(a)
(1)Copy CA Government Code § 3599.76(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 are a public record.
(2)CA Government Code § 3599.76(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 are a public record.
(b)CA Government Code § 3599.76(b) Except in cases of emergency as provided in subdivision (d), meeting and conferring shall not 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 § 3599.76(c) Forty-eight hours after any proposal that includes any substantive subject that has not first been presented in proposals for public reaction pursuant to this section is offered during any meeting and conferring session, the proposal and the position, if any, taken by the representatives of the employer are a public record.
(d)CA Government Code § 3599.76(d) Subdivision (b) does 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.
(e)CA Government Code § 3599.76(e) This section does not affect the authority of each house of the Legislature and the committees thereof to hold closed meetings pursuant to paragraphs (3) and (4) of subdivision (c) of Section 7 of Article IV of the California Constitution and Article 2.2 (commencing with Section 9027) of Chapter 1.5 of Part 1 of Division 2 of Title 2.

Section § 3599.77

Explanation

This law section states that a specific labor-related rule, Section 923 of the Labor Code, is not relevant or applicable to employees covered under this chapter.

This chapter does not apply Section 923 of the Labor Code to employees.

Section § 3599.78

Explanation

This law ensures that the current pay, working hours, and employment terms for employees stay the same, unless they are changed through the employer's set rules or through an agreement with a recognized employee group.

This chapter does not modify or eliminate any existing wages, hours, or terms and conditions of employment for employees. All existing wages, hours, and terms and conditions of employment for employees shall remain in effect unless and until changed in accordance with the employer’s procedures or pursuant to a memorandum of understanding or agreement between the employer and a recognized employee organization.

Section § 3599.79

Explanation

This law states that if a part of this chapter is found to be invalid or does not apply to certain people or situations, the rest of the chapter remains effective. The idea is that each part of the chapter can work independently, so if one part fails, it doesn't affect the rest.

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.

Section § 3599.80

Explanation

This law states that any costs an employer faces because of a formally approved agreement must follow a specific part of the California Constitution, ensuring those expenses comply with constitutional rules.

Expenses incurred by the employer in relation to a properly ratified memorandum of understanding pursuant to this chapter are subject to Section 7.5 of Article IV of the California Constitution.

Section § 3599.81

Explanation

This California law states that members of the Legislature or certain employees can freely express their views or opinions without it being considered an unfair labor practice. However, if an employer specifically authorizes them to speak or represent the employer, then those expressions could be seen as tied to the employer.

Notwithstanding any other law, the expression of any views, arguments, or opinions, or the dissemination thereof in any form, by a Member of the Legislature or an employee, including any employee specified in subparagraphs (B) to (E), inclusive, of paragraph (1) of subdivision (b) of Section 3599.52, related to this chapter or to matters within the scope of representation, shall not constitute, or be evidence of, an unfair labor practice, unless the employer authorized the individual to express that view, argument, or opinion on behalf of, or authorized the individual to represent, the employer as an employer.

Section § 3599.82

Explanation

This law states that an employer does not have to share certain legislative documents if they relate to the internal decision-making process. The exception applies even if other laws generally require disclosure. These documents include an employer's strategies, thoughts, opinions, meeting notes, and any instructions given to employees who don't have full union representation rights.

Notwithstanding Article 3.5 (commencing with Section 9070) of Chapter 1.5 of Part 1 of Division 2 of Title 2, or any other law, the employer is not required to disclose legislative records related to activities governed by this chapter, that reveal the employer’s deliberative processes, impressions, evaluations, opinions, recommendations, meeting minutes, research, work product, theories, or strategy, or that provide instruction, advice, or training to employees who do not have full collective bargaining and representation rights under this chapter.

Section § 3599.83

Explanation

The law states that employees working for the California Legislature are not part of the regular civil service system. If a legislative member an employee is assigned to leaves office for any reason, the employer can separate the employee from their position. However, the employer must offer a transition period to help the employee adjust, which could include continuing work for a certain time or applying for other positions. The details of this transition period must be discussed and agreed upon through collective bargaining.

Employees of the Legislature are exempt from civil service under the California Constitution. A memorandum of understanding entered into between an employer and a recognized employee organization shall not prohibit the employer from separating an employee if the Member of the Legislature to whom the employee is assigned is not reelected, resigns, or otherwise departs from the employer. The employer shall provide a transition period for an employee if the Member of the Legislature to whom the employee is assigned is not reelected, resigns, or otherwise departs from the employer. The terms of the transition period, which may include, but are not limited to, length of time or opportunities to apply for vacancies with the employer, are within the scope of representation and are subject to collective bargaining.

Section § 3599.84

Explanation

This rule or set of rules will officially start being enforced on July 1, 2026.

This chapter shall become operative on July 1, 2026.