Section § 3512

Explanation

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.

It is the purpose of this chapter to promote full communication between the state and its employees by providing a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment between the state 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 State of California by providing a uniform basis for recognizing the right of state employees to join organizations of their own choosing and be represented by those organizations in their employment relations with the state. It is further the purpose of this chapter, in order to foster peaceful employer-employee relations, to allow state 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.
Nothing in this chapter shall be construed to contravene the spirit or intent of the merit principle in state employment, nor to limit the entitlements of state civil service employees, including those designated as managerial and confidential, provided by Article VII of the California Constitution or by laws or rules enacted pursuant thereto.

Section § 3513

Explanation

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.

As used in this chapter:
(a)CA Government Code § 3513(a) “Employee organization” means any organization that includes employees of the state and that has as one of its primary purposes representing these employees in their relations with the state.
(b)CA Government Code § 3513(b) “Recognized employee organization” means an employee organization that has been recognized by the state as the exclusive representative of the employees in an appropriate unit.
(c)CA Government Code § 3513(c) “State employee” means any civil service employee of the state, and the teaching staff of schools under the jurisdiction of the State Department of Education or the Superintendent of Public Instruction, except managerial employees, confidential employees, supervisory employees, employees of the Department of Human Resources, professional employees of the Department of Finance engaged in technical or analytical state budget preparation other than the auditing staff, professional employees in the Personnel/Payroll Services Division of the Controller’s office engaged in technical or analytical duties in support of the state’s personnel and payroll systems other than the training staff, employees of the Legislative Counsel Bureau, employees of the Bureau of State Audits, employees of the office of the Inspector General, employees of the board, conciliators employed by the California State Mediation and Conciliation Service, employees of the Office of the State Chief Information Officer except as otherwise provided in Section 11546.5, and intermittent athletic inspectors who are employees of the State Athletic Commission.
(d)CA Government Code § 3513(d) “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.
(e)CA Government Code § 3513(e) “Managerial employee” means any employee having significant responsibilities for formulating or administering agency or departmental policies and programs or administering an agency or department.
(f)CA Government Code § 3513(f) “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.
(g)CA Government Code § 3513(g) “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.
(h)CA Government Code § 3513(h) “Board” means the Public Employment Relations Board. The Educational Employment Relations Board shall be renamed the Public Employment Relations Board as provided in Section 3540. The powers and duties of the board described in Section 3541.3 shall also apply, as appropriate, to this chapter.
(i)CA Government Code § 3513(i) “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.
(j)CA Government Code § 3513(j) “State employer,” or “employer,” for the purposes of bargaining or meeting and conferring in good faith, means the Governor or his or her designated representatives.
(k)CA Government Code § 3513(k) “Fair share fee” means the fee deducted by the state employer from the salary or wages of a state 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 state, and shall not exceed the standard initiation fee, membership dues, and general assessments of the recognized employee organization.

Section § 3514

Explanation

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.

Any person who shall willfully resist, prevent, impede or interfere 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 § 3514.5

Explanation

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.

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 § 3514.5(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) 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) 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 § 3514.5(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 such an agreement that would not also constitute an unfair practice under this chapter.
(c)CA Government Code § 3514.5(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 back pay, as will effectuate the policies of this chapter.

Section § 3515

Explanation

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.

Except as otherwise provided by the Legislature, state 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. State 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, as defined in subdivision (i) of Section 3513, or a fair share fee provision, as defined in subdivision (k) of Section 3513, pursuant to a memorandum of understanding. In any event, state employees shall have the right to represent themselves individually in their employment relations with the state.

Section § 3515.5

Explanation

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.

Employee organizations shall have the right to represent their members in their employment relations with the state, 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 state. Employee organizations may establish reasonable restrictions regarding who may join and may make reasonable provisions for the dismissal of individuals from membership. Nothing in this section shall prohibit any employee from appearing in his own behalf in his employment relations with the state.

Section § 3515.6

Explanation

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.

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 such time as an employee organization is recognized as the exclusive representative for employees in an appropriate unit, and then such deductions as to any employee in the negotiating unit shall not be permissible except to the exclusive representative.

Section § 3515.7

Explanation

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.

(a)CA Government Code § 3515.7(a) Once an employee organization is recognized as the exclusive representative of an appropriate unit it may enter into an agreement with the state employer providing for organizational security in the form of maintenance of membership or fair share fee deduction.
(b)CA Government Code § 3515.7(b) The state employer 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 state’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 state employer shall not be liable in any action by a state employee seeking recovery of, or damages for, improper use or calculation of fair share fees.
(c)CA Government Code § 3515.7(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 § 3515.7(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, provided that: (1) a request for the vote is supported by a petition containing the signatures of at least 30 percent of the employees in the unit; (2) the vote is by secret ballot; and (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 state employer 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 § 3515.7(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 § 3515.7(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 § 3515.7(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 § 3515.8

Explanation

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.

Any state 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 state employer. 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 § 3516

Explanation

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.

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 § 3516.5

Explanation

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.

Except in cases of emergency as provided in this section, 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.
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 such notice and opportunity to meet and confer in good faith at the earliest practical time following the adoption of such law, rule, resolution, or regulation.

Section § 3517

Explanation

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.

The Governor, or his representative as may be properly designated by law, 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.
“Meet and confer in good faith” means that the Governor or such representatives as the Governor may designate, and representatives of recognized employee organizations, shall have the mutual obligation personally to meet and confer promptly upon request by either party and continue 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 § 3517.5

Explanation

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.

If agreement is reached between the Governor and the recognized employee organization, they shall jointly prepare a written memorandum of such understanding which shall be presented, when appropriate, to the Legislature for determination.

Section § 3517.6

Explanation

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.

(a)Copy CA Government Code § 3517.6(a)
(1)Copy CA Government Code § 3517.6(a)(1) In any case where the provisions of Section 70031 of the Education Code, or subdivision (i) of Section 3513, or Section 14876, 18714, 19080.5, 19100, 19143, 19261, 19818.16, 19819.1, 19820, 19822, 19826, 19827, 19828, 19829, 19830, 19831, 19832, 19833, 19834, 19835, 19836, 19837, 19838, 19839, 19840, 19841, 19842, 19843, 19844, 19845, 19846, 19847, 19848, 19849, 19849.1, 19849.4, 19850.1, 19850.2, 19850.3, 19850.4, 19850.5, 19850.6, 19851, 19853, 19854, 19856, 19856.1, 19858.1, 19858.2, 19859, 19860, 19861, 19862, 19862.1, 19863, 19863.1, 19864, 19866, 19869, 19870, 19871, 19871.1, 19872, 19873, 19874, 19875, 19876, 19877, 19877.1, 19878, 19879, 19880, 19880.1, 19881, 19882, 19883, 19884, 19885, 19887, 19887.1, 19887.2, 19888, 19990, 19991, 19991.1, 19991.2, 19991.3, 19991.4, 19991.5, 19991.6, 19991.7, 19992, 19992.1, 19992.2, 19992.3, 19992.4, 19993, 19994.1, 19994.2, 19994.3, 19994.4, 19995, 19995.1, 19995.2, 19995.3, 19996.1, 19996.2, 19998, 19998.1, 20796, 21600, 21602, 21604, 21605, 22870, 22871, or 22890 are in conflict with the provisions of a memorandum of understanding, the memorandum of understanding shall be controlling without further legislative action.
(2)CA Government Code § 3517.6(a)(2) Notwithstanding paragraph (1), this paragraph shall apply only to state employees in State Bargaining Unit 5. In any case where the provisions of Section 70031 of the Education Code, or subdivision (i) of Section 3513, or Section 14876, 18714, 19080.5, 19100, 19143, 19261, 19576.1, 19818.16, 19819.1, 19820, 19822, 19826, 19827, 19828, 19829, 19830, 19831, 19832, 19833, 19834, 19835, 19836, 19837, 19838, 19839, 19840, 19841, 19842, 19843, 19844, 19845, 19846, 19847, 19848, 19849, 19849.1, 19849.4, 19850.1, 19850.2, 19850.3, 19850.4, 19850.5, 19850.6, 19851, 19853, 19854, 19856, 19856.1, 19858.1, 19858.2, 19859, 19860, 19861, 19862, 19862.1, 19863, 19863.1, 19864, 19866, 19869, 19870, 19871, 19871.1, 19872, 19873, 19874, 19875, 19876, 19877, 19877.1, 19878, 19879, 19880, 19880.1, 19881, 19882, 19883, 19884, 19885, 19887, 19887.1, 19887.2, 19888, 19990, 19991, 19991.1, 19991.2, 19991.3, 19991.4, 19991.5, 19991.6, 19991.7, 19992, 19992.1, 19992.2, 19992.3, 19992.4, 19993, 19994.1, 19994.2, 19994.3, 19994.4, 19995, 19995.1, 19995.2, 19995.3, 19996.1, 19996.2, 19998, 19998.1, 20796, 21600, 21602, 21604, 21605, 22870, 22871, or 22890 are in conflict with the provisions of a memorandum of understanding, the memorandum of understanding shall be controlling without further legislative action.
(3)CA Government Code § 3517.6(a)(3) Notwithstanding paragraph (1), this paragraph shall apply only to state employees in State Bargaining Unit 8. In any case where the provisions of Section 70031 of the Education Code, or subdivision (i) of Section 3513, or Section 14876, 18714, 19080.5, 19100, 19143, 19261, 19574, 19574.1, 19574.2, 19575, 19576.1, 19578, 19582, 19582.1, 19175.1, 19818.16, 19819.1, 19820, 19822, 19826, 19827, 19828, 19829, 19830, 19831, 19832, 19833, 19834, 19835, 19836, 19837, 19838, 19839, 19840, 19841, 19842, 19843, 19844, 19845, 19846, 19847, 19848, 19849, 19849.1, 19849.4, 19850.1, 19850.2, 19850.3, 19850.4, 19850.5, 19850.6, 19851, 19853, 19854, 19856, 19856.1, 19858.1, 19858.2, 19859, 19860, 19861, 19862, 19862.1, 19863, 19863.1, 19864, 19866, 19869, 19870, 19871, 19871.1, 19872, 19873, 19874, 19875, 19876, 19877, 19877.1, 19878, 19879, 19880, 19880.1, 19881, 19882, 19883, 19884, 19885, 19887, 19887.1, 19887.2, 19888, 19990, 19991, 19991.1, 19991.2, 19991.3, 19991.4, 19991.5, 19991.6, 19991.7, 19992, 19992.1, 19992.2, 19992.3, 19992.4, 19993, 19994.1, 19994.2, 19994.3, 19994.4, 19995, 19995.1, 19995.2, 19995.3, 19996.1, 19996.2, 19998, 19998.1, 20796, 21600, 21602, 21604, 21605, 22870, 22871, or 22890 are in conflict with the provisions of a memorandum of understanding, the memorandum of understanding shall be controlling without further legislative action.
(4)CA Government Code § 3517.6(a)(4) Notwithstanding paragraph (1), this paragraph shall apply only to state employees in State Bargaining Unit 12 or 13. In any case where the provisions of Section 70031 of the Education Code, or subdivision (i) of Section 3513, or Section 14876, 18670, 18714, 19080.5, 19100, 19143, 19261, 19574, 19574.1, 19574.2, 19575, 19578, 19582, 19583, 19702, 19818.16, 19819.1, 19820, 19822, 19826, 19827, 19828, 19829, 19830, 19831, 19832, 19833, 19834, 19835, 19836, 19837, 19838, 19839, 19840, 19841, 19842, 19843, 19844, 19845, 19846, 19847, 19848, 19849, 19849.1, 19849.4, 19850.1, 19850.2, 19850.3, 19850.4, 19850.5, 19850.6, 19851, 19853, 19854, 19856, 19856.1, 19858.1, 19858.2, 19859, 19860, 19861, 19862, 19862.1, 19863, 19863.1, 19864, 19866, 19869, 19870, 19871, 19871.1, 19872, 19873, 19874, 19875, 19876, 19877, 19877.1, 19878, 19879, 19880, 19880.1, 19881, 19882, 19883, 19884, 19885, 19887, 19887.1, 19887.2, 19888, 19990, 19991, 19991.1, 19991.2, 19991.3, 19991.4, 19991.5, 19991.6, 19991.7, 19992, 19992.1, 19992.2, 19992.3, 19992.4, 19993, 19994.1, 19994.2, 19994.3, 19994.4, 19995, 19995.1, 19995.2, 19995.3, 19996.1, 19996.2, 19998, 19998.1, 20796, 21600, 21602, 21604, 21605, 22870, 22871, or 22890 are in conflict with the provisions of a memorandum of understanding, the memorandum of understanding shall be controlling without further legislative action.
(b)CA Government Code § 3517.6(b) In any case where the provisions of Section 19997.2, 19997.3, 19997.8, 19997.9, 19997.10, 19997.11, 19997.12, 19997.13, or 19997.14 are in conflict with the provisions of a memorandum of understanding, the terms of the memorandum of understanding shall be controlling unless the State Personnel Board finds those terms to be inconsistent with merit employment principles as provided for by Article VII of the California Constitution. Where this finding is made, the provisions of the Government Code shall prevail until those affected sections of the memorandum of understanding are renegotiated to resolve the inconsistency. If any provision of the memorandum of understanding requires the expenditure of funds, those provisions of the memorandum of understanding may not become effective unless approved by the Legislature in the annual Budget Act. If any provision of the memorandum of understanding requires legislative action to permit its implementation by amendment of any section not cited above, those provisions of the memorandum of understanding may not become effective unless approved by the Legislature.

Section § 3517.7

Explanation

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.

If the Legislature does not approve or fully fund any provision of the memorandum of understanding which 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 have received legislative approval or those provisions which do not require legislative action.

Section § 3517.8

Explanation

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.

(a)CA Government Code § 3517.8(a) If a memorandum of understanding has expired, and the Governor 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 § 3517.8(b) If the Governor and the recognized employee organization reach an impasse in negotiations for a new memorandum of understanding, the state employer may implement any or all of its last, best, and final offer. Any proposal in the state employer’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 approval and, if approved, shall be controlling without further legislative action, notwithstanding Sections 3517.5, 3517.6, and 3517.7. 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 § 3517.61

Explanation

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.

Notwithstanding Section 3517.6, for state employees in State Bargaining Unit 6, in any case where the provisions of Section 70031 of the Education Code, subdivision (i) of Section 3513, or Section 14876, 18714, 19080.5, 19100, 19143, 19261, 19818.16, 19819.1, 19820, 19822, 19826, 19827, 19828, 19829, 19830, 19831, 19832, 19833, 19834, 19835, 19836, 19837, 19838, 19839, 19840, 19841, 19842, 19843, 19844, 19845, 19846, 19847, 19848, 19849, 19849.1, 19849.4, 19850.1, 19850.2, 19850.3, 19850.4, 19850.5, 19850.6, 19851, 19853, 19854, 19856, 19856.1, 19858.1, 19858.2, 19859, 19860, 19861, 19862, 19862.1, 19863, 19863.1, 19864, 19866, 19869, 19870, 19871, 19871.1, 19872, 19873, 19874, 19875, 19876, 19877, 19877.1, 19878, 19879, 19880, 19880.1, 19881, 19882, 19883, 19884, 19885, 19887, 19887.1, 19887.2, 19888, 19990, 19991, 19991.1, 19991.2, 19991.3, 19991.4, 19991.5, 19991.6, 19991.7, 19992, 19992.1, 19992.2, 19992.3, 19992.4, 19993, 19994.1, 19994.2, 19994.3, 19994.4 19995, 19995.1, 19995.2, 19995.3, 19996.1, 19996.2, 19998, 19998.1, 20796, 21600, 21602, 21604, 21605, 22870, 22871, or 22890 are in conflict with the provisions of a memorandum of understanding, the memorandum of understanding shall be controlling without further legislative action. In any case where the provisions of Section 19997.2, 19997.3, 19997.8, 19997.9, 19997.10, 19997.11, 19997.12, 19997.13, or 19997.14 are in conflict with the provisions of a memorandum of understanding, the terms of the memorandum of understanding shall be controlling unless the State Personnel Board finds those terms to be inconsistent with merit employment principles as provided for by Article VII of the California Constitution. Where this finding is made, the provisions of the Government Code shall prevail until those affected sections of the memorandum of understanding are renegotiated to resolve the inconsistency. If any provision of the memorandum of understanding requires the expenditure of funds, those provisions of the memorandum of understanding may not become effective unless approved by the Legislature in the annual Budget Act. If any provision of the memorandum of understanding requires legislative action to permit its implementation by amendment of any section not cited above, those provisions of the memorandum of understanding may not become effective unless approved by the Legislature.

Section § 3517.63

Explanation

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.

(a)CA Government Code § 3517.63(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 Department of Human Resources 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 if 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 § 3517.63(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 Department of Human Resources if that side letter, appendix, or other addendum is to be incorporated in a subsequent memorandum of understanding submitted to the Legislature for approval.

Section § 3518

Explanation

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.

If after a reasonable period of time, the Governor and the recognized employee organization fail to reach agreement, the Governor 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 state 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 § 3518.5

Explanation

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.

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 state on matters within the scope of representation.
This section shall apply only to state employees, as defined by subdivision (c) of Section 3513, and only for periods when a memorandum of understanding is not in effect.

Section § 3518.7

Explanation

This law states that managerial and confidential employees cannot hold elected positions in a labor union or employee organization that also represents state employees.

Managerial employees and confidential employees shall be prohibited from holding elective office in an employee organization which also represents “state employees,” as defined in subdivision (c) of Section 3513.

Section § 3519

Explanation

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.

It shall be unlawful for the state to do any of the following:
(a)CA Government Code § 3519(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 § 3519(b) Deny to employee organizations rights guaranteed to them by this chapter.
(c)CA Government Code § 3519(c) Refuse or fail to meet and confer in good faith with a recognized employee organization.
(d)CA Government Code § 3519(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 § 3519(e) Refuse to participate in good faith in the mediation procedure set forth in Section 3518.

Section § 3519.5

Explanation

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.

It shall be unlawful for an employee organization to:
(a)CA Government Code § 3519.5(a) Cause or attempt to cause the state to violate Section 3519.
(b)CA Government Code § 3519.5(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 § 3519.5(c) Refuse or fail to meet and confer in good faith with a state agency employer of any of the employees of which it is the recognized employee organization.
(d)CA Government Code § 3519.5(d) Refuse to participate in good faith in the mediation procedure set forth in Section 3518.

Section § 3520

Explanation

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.

(a)CA Government Code § 3520(a) Judicial review of a unit determination shall only be allowed: (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 such review; or (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 § 3520(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 § 3520(c) Such 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 such 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 such time is extended by the court for good cause shown. The court shall have jurisdiction to grant to the board such 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 § 3520(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 such order by writ of mandamus. The court shall not review the merits of the order.

Section § 3520.5

Explanation

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.

(a)CA Government Code § 3520.5(a) The state shall grant exclusive recognition to employee organizations designated or selected pursuant to rules established by the board for employees of the state or an appropriate unit thereof, subject to the right of an employee to represent himself.
(b)CA Government Code § 3520.5(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 § 3520.5(c) 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 § 3520.7

Explanation

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.

The state employer shall adopt reasonable rules and regulations for all of the following:
(a)CA Government Code § 3520.7(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 § 3520.7(b) Determining the status of organizations and associations as employee organizations or bona fide associations.
(c)CA Government Code § 3520.7(c) Identifying the officers and representatives who officially represent employee organizations and bona fide associations.

Section § 3520.8

Explanation

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.

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 § 3521

Explanation

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.

(a)CA Government Code § 3521(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 § 3521(b) In determining an appropriate unit, the board shall take into consideration all of the following criteria:
(1)CA Government Code § 3521(b)(1) The internal and occupational community of interest among the employees, including, but not limited to, the extent to which they perform functionally related services or work toward established common goals; the history of employee representation in state government and in similar employment; the extent to which the employees have common skills, working conditions, job duties, or similar educational or training requirements; and the extent to which the employees have common supervision.
(2)CA Government Code § 3521(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 § 3521(b)(3) The effect of the proposed unit on efficient operations of the employer and the compatibility of the unit with the responsibility of state government and its employees to serve the public.
(4)CA Government Code § 3521(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 § 3521(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 § 3521(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 § 3521(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 citeria set forth in subdivision (b) establishes.

Section § 3521.5

Explanation

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.

The term “professional employee” means (a) any employee engaged in work (1) predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work; (2) involving the consistent exercise of discretion and judgment in its performance; (3) of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; (4) requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual, or physical processes; or (b) any employee, who (1) has completed the courses of specialized intellectual instruction and study described in paragraph 4 of subdivision (a), and (2) is performing related work under the supervision of a professional person to qualify himself to become a professional employee as defined in subdivision (a).

Section § 3521.7

Explanation

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.

The board may, in accordance with reasonable standards, designate positions or classes of positions which have duties consisting primarily of the enforcement of state laws. Employees so designated shall not be denied the right to be in a unit composed solely of such employees.

Section § 3522

Explanation

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.

(a)CA Government Code § 3522(a) Physicians in any state bargaining unit may negotiate under this chapter for preauthorized travel outside the state for continuing medical education.
(b)CA Government Code § 3522(b) The execution of a memorandum of understanding entered into pursuant to subdivision (a) shall constitute the approvals required under Sections 11032 and 11033, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.

Section § 3523

Explanation

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.

(a)CA Government Code § 3523(a) All initial meet and confer proposals of recognized employee organizations shall be presented to the employer at a public meeting, and such proposals thereafter shall be a public record.
All initial meet and confer proposals or counterproposals of the employer shall be presented to the recognized employee organization at a public meeting, and such proposals or counterproposals thereafter shall be a public record.
(b)CA Government Code § 3523(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 open meeting, hear public comment on all matters related to the meet and confer proposals.
(c)CA Government Code § 3523(c) Forty-eight hours after any proposal which includes any substantive subject which has not first been presented as proposals for public reaction pursuant to this section is offered during any meeting and conferring session, such proposals and the position, if any, taken thereon by the representatives of the employer, shall be a public record.
(d)CA Government Code § 3523(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 which is beyond the control of the employer or recognized employee organization, it must meet and confer and take action upon such a proposal immediately and without sufficient time for the public to become informed and to publicly express itself. In such cases the results of such meeting and conferring shall be made public as soon as reasonably possible.

Section § 3523.5

Explanation

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.

The enactment of this chapter shall not be construed as making the provisions of Section 923 of the Labor Code applicable to state employees.

Section § 3524

Explanation

This law section states that the chapter should be known as the Ralph C. Dills Act.

This chapter shall be known and may be cited as the Ralph C. Dills Act.