Public Officers and EmployeesPublic Employee Communication
Section § 3555
This section states that it's important for labor representatives to effectively communicate with the workers they represent. This communication helps maintain good labor relations and allows representatives to fulfill their duties by discussing workers' rights, answering questions, and explaining contracts. The law aims to ensure that these representatives have easy access to communicate with their members across California, unless there's a specific legal restriction.
Section § 3555.5
This law applies to certain public employers and transit districts in California, defining roles and processes related to new employee orientations. An 'exclusive representative' is the main recognized employee organization for a bargaining unit. 'Interest arbitration' is a way of resolving disputes about access to new employee orientations through a neutral third-party, who can choose or modify proposals. A 'new employee orientation' is the process where new hires learn about their job details. This law covers various types of public employees during this orientation. The Public Employment Relations Board handles violations, except in Los Angeles where local commissions take over.
Section § 3556
This law requires that public employers give the labor union (or "exclusive representative") access to new employee orientations. The union must be notified at least 10 days prior, unless there's an urgent, unexpected issue. How the union accesses the orientation should be agreed upon between the union and employer, with some flexibility allowed. Orientation details should only be shared with employees, the union, or contracted vendors.
If no in-person orientation happens within 30 days of a new employee starting, the union can hold a worksite meeting during paid hours. This meeting can last up to 30 minutes, but more time can be allowed if agreed.
If health orders limit gatherings, the union can hold multiple smaller meetings, or defer meetings until restrictions allow. This rule will expire on June 30, 2027.
Section § 3556
This law requires certain California public employers to allow union representatives access to new employee orientations. Employers must give these representatives at least 10 days' advance notice before an orientation, unless something urgent comes up that couldn't be predicted. The details about how and when the union can access the orientation are to be agreed upon by the union and the employer. Also, the specifics about the orientation, like date and place, should only be shared with certain people directly involved. This law takes effect on June 30, 2027.
Section § 3557
This law requires employers and employee representatives to negotiate how the representatives can access new employee orientations. If they can't agree, they must use a neutral arbitrator to resolve the disagreement within a set timeline. The selection of an arbitrator involves a specific process, and both sides share the costs. The law also ensures that employee organizations can present at orientations without being seen as favoritism by the employer. It doesn't change existing agreements but provides a framework for renegotiation if needed or until current agreements expire. Additionally, the law acknowledges that different arrangements can be agreed upon by mutual consent that bypass the default requirements of this statute.
Section § 3558
This law requires public employers to give unions, called exclusive representatives, the contact and job information of newly hired employees within 30 days of their hire date. They must also provide a list of all employees in the bargaining unit every 120 days, unless an agreement states otherwise. If a union believes the employer didn't follow the rules, they must first notify the employer of the issue before filing a complaint.
If the complaint is about incorrect information, the employer has 20 days to correct it. They can use this correction period only three times a year. If the employer fails to comply, the union can file an unfair practice charge. If the employer is found in violation, they can face a fine of up to $10,000, based on factors like budget and severity of the violation. Also, the winning party in a dispute can receive compensation for legal fees and costs.
Changes to this section became effective on July 1, 2022.
Section § 3558.8
This law allows public employees to take paid leave to serve as stewards or officers for their unions or related organizations. Employers and unions must agree on procedures for requesting and granting this leave, and unions must reimburse employers for wages paid during leave unless otherwise specified in a contract. After the leave, employees are entitled to return to their previous or a similar job without losing any status or benefits. Public employers won't be liable for actions or injuries occurring during such leave, and this leave is in addition to other leave entitlements. Existing agreements won't be invalidated, but may be reopened for negotiation.
Section § 3559
This law states that if any part of the chapter is found to be illegal or unenforceable, the rest of the chapter remains valid and can still be enforced. It means each part of the law is independent, so one invalid part doesn't invalidate the entire chapter.