Public Officers and EmployeesState Employer-employee Relations
Section § 3512
This law aims to ensure good communication between the state and its employees by setting up ways to resolve disputes over work conditions, such as pay and hours. It emphasizes recognizing state employees' right to join and be represented by organizations of their choice. The law supports peaceful worker-management relations by allowing employees to choose one group to represent them and enables that group to get financial support from employees who benefit from their services.
The law also ensures that it does not conflict with principles that ensure fair state hiring and employee rights as stated in the California Constitution.
Section § 3513
This section explains key terms related to state employees and their representation in California. It defines an "employee organization" as a group primarily focused on representing state employees in dealings with the state, while a "recognized employee organization" is acknowledged by the state as representing all employees in a particular group. "State employees" include civil service employees and certain teaching staff, excluding managerial, confidential, and supervisory employees, among others. It also clarifies roles such as "managerial employee," who handles policy formulation, and "supervisory employee," who has authority over other employees. "Mediation" is a neutral party helping resolve employment disputes. "Maintenance of membership" means employees who join must stay members for a set period unless they opt out at the end. The "state employer" for negotiations is essentially the Governor or their representatives. A "fair share fee" can be collected from non-members of recognized organizations to cover representation costs.
Section § 3514
If someone intentionally tries to stop or disrupt board members or their agents from doing their job under this chapter, they're committing a misdemeanor. If they're found guilty, they could be fined up to $1,000.
Section § 3514.5
This section specifies that the board has exclusive authority to determine if charges of unfair practices are justified and what remedies are needed, except for damages from unlawful strikes, where it can't award certain expenses.
Employees, organizations, and employers can file unfair practice charges, but the board can't act on charges from more than six months ago or if related to issues covered by an agreement unless grievance procedures are exhausted or shown to be futile.
The board also can't enforce agreements that aren't related to unfair practices under this chapter. It does have the power to issue orders to stop unfair practices and take necessary corrective actions, like reinstating employees.
Section § 3515
This law gives state employees in California the right to join or not join employee organizations, which are groups that represent workers' interests, for discussing work conditions and relations with their employer. Employees can choose to represent themselves individually. However, agreements about maintaining membership or paying fees to these organizations are possible if both parties agree on it in writing.
Section § 3515.5
This law section states that employee organizations have the right to represent their members in discussions about work conditions with the state. However, if an organization is recognized as the exclusive representative for a group of employees, it is the only one allowed to speak for that group in such matters.
These organizations can set reasonable rules about who can join and can also decide if a member should be dismissed. Importantly, it allows individual employees to represent themselves in their own workplace discussions with the state.
Section § 3515.6
This law states that employee organizations can automatically deduct things like membership dues and fees from employee paychecks until one organization becomes the official representative for a group of employees. After that, only the official representative can make such deductions.
Section § 3515.7
This law outlines rules for employee organizations recognized as exclusive representatives of a group of state employees in California. These organizations can agree with the state employer to have membership or fair share fees deducted from employees' wages. The state must provide necessary employment data for fee calculations and remit these fees monthly.
Employees who object to supporting employee organizations on religious grounds can instead contribute equivalent amounts to an approved charity. Employees can also vote to rescind fair share fee provisions under certain conditions.
The employee organization must keep detailed financial records and share them annually. Employees have the right to fair representation and can report if it's not provided. Specific provisions allow charging fees for representation in certain cases.
Section § 3515.8
If a state employee in California pays a fair share fee to a recognized employee organization, they can ask for a refund of the part of the fee used for political or ideological activities unrelated to their employment terms or for membership benefits they don't receive. However, this doesn't apply to fees used for lobbying that benefits employees' working conditions. An official board can make the organization refund the part of the fee that should be returned.
Section § 3516
This section specifies that when it comes to representation, the focus is only on things like wages, working hours, and other employment conditions. However, it doesn't cover discussions on the value or need for specific services or activities set by law or executive order.
Section § 3516.5
This law requires employers to provide written notice to employee organizations before adopting any new laws, rules, or regulations that affect them, allowing time to discuss these changes. However, in emergencies where immediate action is necessary, the employer can implement changes without prior notice. In such cases, they must still notify and discuss with the employee organizations as soon as possible after the changes are made.
Section § 3517
This section of the law requires the Governor of California, or a designated representative, to engage in good faith discussions with employee organizations about their members' work conditions, including wages and hours. This must happen before making any final employment policies.
"Good faith" means they should meet when asked, exchange ideas openly, and try to reach an understanding before the state's budget is finalized. There should be enough time set aside to resolve any disagreements.
Section § 3517.5
This law section states that if the Governor and a recognized employee organization come to an agreement, they need to create a written document outlining their understanding. This document should then be presented to the Legislature for approval if needed.
Section § 3517.6
This law states that if certain sections of California's government or education codes conflict with agreements known as memorandums of understanding for state employees, those agreements take priority, provided there is no need for additional legislative approval. This rule applies to specific state employee bargaining units, including Units 5, 8, 12, and 13. However, if any part of an agreement goes against merit principles as outlined in the California Constitution, the State Personnel Board can override the agreement until it is renegotiated. Also, if implementing an agreement requires spending money or further legislative changes, it must get legislative approval through the Budget Act or other means.
Section § 3517.7
In California, if the state legislature doesn't approve all the money needed for certain agreements between government employees and their employers, either side can renegotiate parts or all of the agreement.
However, they can still go ahead with the parts of the agreement that got legislative approval or don't need any legislative action.
Section § 3517.8
When a labor agreement with state employees expires and there's no new agreement or negotiation deadlock, both the Governor and the employees' union must continue following the old agreement. This includes clauses on overriding laws and arbitration, among others.
If talks reach a dead end, the state can put into action its latest offer. However, if this offer includes anything that conflicts with current laws or needs new funding, it must be approved by the Legislature first. Even after implementing this offer, both parties must keep trying to reach a new agreement if situations change, and the employees' union still retains its legal rights.
Section § 3517.61
This law explains how conflicts between state laws and the agreements made with certain state employee groups (State Bargaining Unit 6) are handled. If state laws clash with these agreements, the agreements take precedence unless they require legislative approval or funds. Groups can't carry out parts of the agreement needing legislative change without that approval. If there's a conflict with specific employment principles, the state's rules apply until the agreement is revised to fix the issue.
Section § 3517.63
If there's an addition to a salary and benefits agreement that costs $250,000 or more, and isn't already included in the original agreement or state budget, the Department of Human Resources must send it to the Joint Legislative Budget Committee. This committee then has 30 days to decide if the addition is significantly different enough to require new legislative approval.
Moreover, any addition that doesn't involve spending money must be clearly marked by the Department of Human Resources if it's going into a new agreement that the Legislature needs to approve.
Section § 3518
If the Governor and an employee group can't agree after trying for a while, they can decide together to hire a mediator to help resolve their differences. They might also ask a board to choose a mediator. If they find a mediator together, they split the cost equally. If the board picks the mediator, the board covers the costs.
Section § 3518.5
This law states that representatives of employee organizations can take time off from work, without losing pay or benefits, to discuss issues with state representatives. This only applies to state employees and when there's no formal agreement in place.
Section § 3518.7
This law states that managerial and confidential employees cannot hold elected positions in a labor union or employee organization that also represents state employees.
Section § 3519
This law makes it illegal for the state to take certain actions against employees and employee organizations. The state cannot punish or discriminate against employees for using their rights, which includes job applicants. It also must respect the rights of employee organizations, meet with them in good faith, and not manipulate their formation or administration. The state is also required to fully engage in mediation processes.
Section § 3519.5
This law makes it illegal for employee organizations, like unions, to do certain things. They can't cause the state to break certain rules. They also can't punish or threaten employees for using their legal rights. Additionally, they must negotiate in good faith with state employers and participate in mediation processes honestly.
Section § 3520
This law outlines when and how judicial review of decisions made by a board concerning unit determinations or unfair practice cases in employment matters can be pursued. Judicial review is permitted if the board considers the case of special importance or if an unfair practice complaint defense raises the issue. Affected parties may request a higher court to review these board decisions by filing a writ within 30 days. The district court handles these petitions and can enforce or alter the board's orders based on the evidence provided.
If someone wants to dispute or enforce a board decision after the time to appeal has passed, the board itself can seek enforcement from a district or superior court. These courts can enforce the board's orders without considering the case's merits if proper procedures were followed.
Section § 3520.5
This law sets rules about how state employees in California can have a specific worker organization officially recognized to speak on their behalf. Employees can choose to represent themselves if they wish.
The board will create rules for how these organizations can apply for recognition, how elections are held to determine which organization represents workers, and how to decide which employee groups are eligible.
The law also outlines how workers can vote to remove an organization's exclusive status, but only after it's been recognized for at least a year.
Section § 3520.7
This law requires state employers to establish fair rules for several things. First, they must create a system for registering employee organizations and real associations. Next, they need to decide which groups qualify as official employee organizations or genuine associations. Finally, they must identify the officers and representatives who officially act on behalf of these organizations and associations.
Section § 3520.8
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 § 3521
This law section explains how to determine an appropriate group of employees for representation purposes in California. The board looks at several factors, such as how employees work together, their skills and job duties, and their working conditions, to decide the correct grouping. The decision must also consider how these groups affect discussions between employers and employee groups, the organization of the state government, and the efficient operations of state employers. Skilled tradespeople like carpenters and electricians have a right to be in a separate group due to their unique skills. Typically, professional and non-professional employees are not grouped together, but exceptions can be made based on specific evidence.
Section § 3521.5
A "professional employee" is someone doing work that's mostly intellectual and varies in nature, requiring decision-making and discretion. The work can't be easily measured by time and involves advanced knowledge usually gained through extensive study in a specific field at a university or hospital, not a general education or apprenticeship. It can also include someone who has completed advanced courses and is working under a professional to qualify as a professional employee.
Section § 3521.7
This law allows a board to identify certain job positions that mainly involve enforcing state laws. People in these roles can join a group made up only of employees with similar duties.
Section § 3522
This law section allows physicians in certain state bargaining groups to negotiate for permission to travel out of state for continuing medical education. This is done through a special agreement. Once this agreement is made, it's generally considered approved for travel unless it involves spending money. If it does require funding, the terms need approval from the Legislature in the annual Budget Act.
Section § 3523
This law requires that any proposals from employee organizations or employers be presented at a public meeting, and they become public records. The public needs at least seven days to review and discuss these proposals before discussions can proceed, allowing for public input. However, in emergencies like natural disasters, this waiting period can be bypassed, and any decisions made must be disclosed publicly as soon as possible. Any new substantial proposals brought up during meetings must be recorded and made public within 48 hours.
Section § 3523.5
This law makes it clear that a specific section of the Labor Code, Section 923, does not apply to state employees. In other words, the rules or rights in that section are not extended to people who work for the state.