Public Officers and EmployeesLocal Public Employee Organizations
Section § 3500
This law is about improving communication between public employers in California and their employees by setting up clear rules for resolving disputes over work conditions like pay and hours. It aims to make it easier for public employees to join and be represented by unions of their choice in dealings with their employers. However, it doesn't override existing laws or local government rules about employment relations, like those in civil service systems. The law also clarifies that local government costs for following these rules are not eligible for state reimbursement because they are similar to current practices.
Section § 3500.5
This section of the law is simply stating the official name of the chapter, which is the “Meyers-Milias-Brown Act.” This is often how legal chapters are titled so that people can refer to them more easily.
Section § 3501
This section defines key terms related to employee organizations and public agencies. An "employee organization" is a group that includes public agency employees with the goal of representing them in dealings with the agency. A "recognized employee organization" is one formally acknowledged to represent these employees. "Public agency" includes various governmental entities but excludes school districts and related entities. "Public employee" refers to anyone working for a public agency, excluding elected officials and those appointed by the Governor. "Mediation" is a process where an impartial party helps resolve disputes over employment terms. "Board" is the Public Employment Relations Board.
Section § 3501.5
Section § 3502
This law gives public employees the freedom to form, join, or take part in employee organizations to discuss and negotiate job-related issues. They also have the right not to join these organizations and can choose to handle their employment matters on their own with their employer.
Section § 3502.1
This law protects public employees from being punished, denied promotions, or threatened simply for acting lawfully as representatives of their employee bargaining unit. It ensures they can perform their duties without fear of negative consequences from their employers.
Section § 3502.3
This law requires public agencies in California to discuss the status of job vacancies and efforts to recruit and retain employees in a public hearing at least once a year. If a budget is being adopted, this discussion must occur before it's finalized. They have to point out problems in hiring policies and procedures and make necessary changes. Employee organizations can also speak out on these issues during the hearing. If a lot of positions (at least 20%) in a unit are vacant, the agency must provide detailed information about the vacancies during the hearing. The agency can hold more hearings if needed, and if any part of this law is invalid, the rest still applies. "Recognized employee organization" means what's outlined in another section of the law.
Section § 3502.5
This law explains the rules for creating 'agency shop' agreements between public agencies and recognized public employee organizations. An agency shop means that employees must either join the employee organization or pay a service fee as a job condition. It can be implemented through negotiation or by employee petition and vote.
Employees with religious objections can instead donate to a non-religious charity. Agency shop arrangements can be rescinded by a majority employee vote. Management employees are exempt from these agreements. Organizations must keep detailed financial records and provide reports to both public agencies and their members.
Section § 3503
This law section states that recognized employee organizations, like unions, have the right to represent their members when dealing with public agencies. These organizations can set reasonable rules about who can join and can also have rules for removing members. Additionally, this law ensures that individual employees can still represent themselves in their employment matters with public agencies.
Section § 3503.1
If an employee has a conscientious objection or chooses not to join a union but asks the union to represent them in certain processes like discipline or grievance hearings, the union can charge them a reasonable fee for this service. This rule only applies if the union doesn't have full control over the process.
Section § 3503.2
Section § 3504
This law defines what topics can be discussed in negotiations between employees and their employer. Topics like wages, work hours, and other job conditions are included. However, it does not cover discussions about whether a particular service is needed or how it should be organized, according to law or executive order.
Section § 3504.5
This law requires public agencies to notify employee organizations of any new rules or regulations impacting their work and allow them to discuss these changes, except in emergencies when immediate action is needed. In such cases, discussions should happen as soon as possible afterward.
It also protects employees from discrimination based on their choice to support or join a recognized employee organization by ensuring fair participation in health benefit plans. Agencies with more than 4 million people cannot exclude employees from health plans for supporting their employee organizations, although they can set agreed enrollment rules.
Section § 3505
This law requires the leadership of a public agency to meet and talk honestly with employee organizations about wages, work hours, and employment conditions before deciding on policies or actions. "Meet and confer in good faith" means both the agency leaders and employee representatives must exchange ideas and try to agree on work-related matters before the agency sets its budget for the next year. There should be enough time to resolve any disagreements using local rules if they exist or if both sides agree to use them.
Section § 3505.1
When representatives of a public agency and employee organizations reach a tentative agreement, the public agency's governing body must decide whether to accept or reject this agreement within 30 days of considering it in a public meeting. If the agreement is rejected, it doesn't prevent claims of not negotiating in good faith. If accepted, both parties will create a written memorandum of understanding.
Section § 3505.2
This law states that if public agencies and employee organizations can't agree after a reasonable time, they can choose a mediator they both agree on to help resolve their differences. The costs of the mediation will be split equally between them.
Section § 3505.3
This law states that employees who are representatives of recognized employee organizations are allowed to take time off from work without losing pay or benefits to engage in specific activities. These activities include formal meetings with the public agency on job-related issues, testifying or appearing at hearings related to charges between the employee organization and the public agency, and appearing before personnel or merit commissions. The employee organization must give reasonable notice to the employer when requesting such leave. A 'designated representative' refers to an officer or proxy member of the employee organization.
Section § 3505.4
This law describes the process for an employee organization (like a union) to request a factfinding panel to resolve disputes with an employer. If there was mediation, they can ask for this within 30-45 days after a mediator is chosen. Without mediation, they have up to 30 days after declaring an impasse. Each party picks a panel member in five days, and a chairperson is selected in five days by a board. They can agree on a different chairperson too. The panel meets within 10 days, can hold hearings, issue subpoenas, and request information from state agencies. They consider many factors like laws, rules, financial public interests, wage comparisons, cost of living, and other employment conditions. The right to request this process cannot be waived.
Section § 3505.5
If a dispute isn't resolved within 30 days after a factfinding panel is appointed, the panel will provide a non-binding recommendation for settlement. These suggestions are shared with the involved parties first, and then made public within 10 days. The cost for the panel chairperson's services, like daily fees and travel expenses, are split equally by both parties.
If an agreed-upon chairperson is used, their fees are capped as stated in their resume and also shared equally, with bills submitted during the process. Any separately incurred costs by each party must be paid by that party themselves.
Charter cities or counties that have their own binding arbitration procedures in place are not required to follow this section.
Section § 3505.7
This section explains that after going through mediation and fact-finding, a public agency in California can put into place its final offer if there is an impasse and they are not required to enter arbitration. They have to wait at least 15 days after getting the fact-finders' report and must hold a public hearing first. However, they can't implement a formal agreement by themselves. Employees' organizations still have the right to discuss issues within representation scope every year before the budget is finalized, even if those issues were part of the imposed offer.
Section § 3505.8
This law explains that if an agreement includes arbitration (a way to resolve disputes outside of court), it can be enforced under certain rules. Even if someone claims the arbitration request was late or did not follow proper steps, that won't stop the arbitration. Instead, these arguments will be dealt with by the arbitrator, not a court, which will still allow arbitration to proceed. If a related unfair practice charge is filed, it will be paused if the issue is being arbitrated, and will be dropped after arbitration unless the decision goes against the law's purpose.
Section § 3506
This law prevents public agencies and employee groups from harassing or discriminating against public employees who are exercising their rights, like joining a union or participating in collective bargaining.
Section § 3506.5
This law prohibits public agencies from doing certain things that would harm employee rights and the integrity of employee organizations. First, they can't punish or threaten employees for using their rights, like joining labor groups. Second, they can't deny employee organizations their guaranteed rights. Third, agencies must meet and negotiate honestly with recognized employee organizations and can't lie about their financial situation. Fourth, agencies can't influence or control employee organizations or show preference to any single group. Lastly, agencies must participate sincerely in procedures meant to resolve disputes or deadlocks.
Section § 3507
This law allows public agencies to create reasonable rules about employer-employee relations after talking with employee organizations. These rules might cover verifying which organizations truly represent employees, recognizing these organizations, and handling disputes over wages and work conditions. The rules also ensure employee organizations have access to communication channels and can receive employment-related information. Employee organizations recognized by employee vote can maintain their status without challenge for at least a year, and revoking their recognition requires a majority employee vote. Public agencies cannot unfairly deny recognition to employee organizations, and employees can challenge any agency rules they believe violate this law.
Section § 3507.1
This law outlines how public agencies in California should handle unit determinations and representation elections for employee bargaining units. Generally, unit formations and elections must follow rules set by the public agency, and a majority vote by employees is required for decisions.
However, existing bargaining units remain unchanged unless new rules are adopted. Employee organizations can become the exclusive or majority representative if they gather enough support, shown through signed petitions or membership cards, unless another group is already recognized.
A neutral third party, chosen by the agency and the employee organization, verifies this support. If agreement on a third party can't be reached, the California State Mediation and Conciliation Service will step in. If a rival labor organization has support from at least 30% of employees, an election will be ordered to determine majority status.
Section § 3507.3
This law states that professional employees, such as doctors, lawyers, and engineers, have the right to form their own representation groups separate from non-professional employees. If there is a disagreement about which group should represent the professionals, any involved party can request mediation from the California State Mediation and Conciliation Service to resolve the issue.
Section § 3507.5
This law allows public agencies to create their own rules about defining who is considered management or confidential employees. These rules can also limit such employees from representing other workers in negotiations or discussions on workplace issues. However, it doesn't stop these employees from joining or holding positions in employee organizations unless specifically stated elsewhere in the law.
Section § 3507.7
This law defines what a 'temporary employee' means for public employment, covering roles that are not permanent, but excluding those hired by a temporary service agency. If a recognized employee organization requests it, temporary employees doing the same work as permanent ones must be included in the same bargaining unit, though their employment terms don't have to match. Public employers must negotiate wages and conditions for these temporary workers and provide job information upon hire. It also addresses whether temporary work counts for seniority or hiring preference if the employee becomes permanent. Complaints about violations fall under unfair practice charges, and this law doesn't affect retirees or employees in construction trades agreements.
Section § 3508
This law allows public agencies in California to set rules about which job positions can or cannot form or join unions, especially those whose main duty is enforcing the law. However, the law ensures that full-time peace officers can still join their own specific organizations to discuss things like pay and work conditions. Special rules apply in counties of the seventh class (like San Bernardino County), aiming to redefine who can be classified as a peace officer, including welfare fraud investigators and probation corrections officers, with County Board approval. Any restrictions on employees forming union groups must follow this law's criteria.
Section § 3508.1
This section defines a "police employee" as including civilian staff of a city's police department, but not public safety officers as per a different code. Generally, if there's an allegation of misconduct by a police employee, it must be investigated and action taken within one year of discovery by someone authorized to investigate. If misconduct happens after January 1, 2002, this rule applies unless specific exceptions apply, such as concurrent criminal investigations, written waivers, multi-agency investigations, or the employee's unavailability. Also, disciplines must be communicated in writing within 30 days after the decision, unless the employee can't be physically disciplined.
Further, an investigation can be reopened if significant new evidence emerges, particularly if it wasn't discoverable without extraordinary measures or came up during a predisciplinary procedure. Lastly, timeframes for predisciplinary procedures or grievances are not limited by this section.
Section § 3508.5
This law explains that public employees can have union dues or service fees automatically deducted from their paychecks, as allowed by specific sections. It mandates that public employers must deduct these dues if the employee's union has an agreement with the employer. These deductions continue even if the current agreement between the union and employer expires, as long as the union is still the recognized representative.
Section § 3509
This law outlines the responsibilities and authority of a board regarding labor relations within public agencies. It grants the board the power to oversee elections and adjudicate unfair practice complaints, but not to award damages for unlawful strikes. The board is responsible for enforcing rules about representation and elections, except in Los Angeles, where local commissions handle these tasks. The Los Angeles agencies also cannot award strike-preparation expenses or damages related to illegal strikes. Superior courts have jurisdiction over interest arbitration for firefighter organizations. Management employees are excluded from this section, and rules violating the chapter are not considered unfair practices.
Section § 3509.3
If an administrative law judge makes a decision about recognizing or certifying an employee organization and this decision is appealed, it will automatically become the final decision of the board if the board doesn't make a different decision within 180 days of the appeal being filed.
Section § 3509.5
This law outlines the process for challenging or enforcing final decisions or orders made by the board in certain labor-related cases. If you're unhappy with a board's final decision in an unfair practice case, or decisions in matters like unit determination, you can ask an appellate court to review it. The request must be filed within 30 days of the decision. Additionally, if time runs out to challenge a decision and it's not being followed, the board can ask the court to enforce it. The court can't change the board's decision unless there's an error, but it can ensure that it's followed.
Section § 3510
This section of the law serves two main purposes. First, it makes sure that any interpretations or applications by the board should align with previous court decisions related to this chapter. Second, it clarifies that the rules from Section 923 of the Labor Code do not apply to public employees.
Section § 3511
This law states that certain changes made to specific sections of the Government Code during the 1999–2000 legislative session do not affect individuals who are classified as peace officers under a specific definition in the Penal Code.