PersonnelEmployee Relations
Section § 125520
This law gives employees the right to band together, create, join, or help labor unions. They can negotiate work conditions with their chosen representatives and participate in group activities for collective bargaining or mutual support and protection.
Section § 125521
This law outlines how disputes about whether employees want a labor union to represent them should be handled. It says the Public Employment Relations Board will decide these questions using federal labor law guidelines. They will set rules for petitions, hearings, and elections.
The California State Mediation and Conciliation Service will run these processes, and will ensure there's a quick public hearing and a secret ballot to resolve the matter. Once a labor organization is certified to represent employees, this certification can't be challenged for at least a year, or until the current labor agreement ends, unless the agreement lasts over two years.
Section § 125522
This section states that if most employees in a specific group want to be represented by a labor union, and it's confirmed that the union truly represents the majority, then the district and the union must negotiate sincerely. They should work hard to agree on a contract about pay, work hours, pensions, and other job conditions.
Section § 125523
This section of the law states that contracts or agreements cannot be made with any labor organization, association, or group that denies membership based on certain protected characteristics, except they can deny membership to those who advocate the violent overthrow of the government. These protected characteristics are defined in related sections of the Government Code. Additionally, the district must not discriminate in employment matters against any person based on these same protected characteristics, again with certain exceptions provided in the Government Code.
Section § 125524
This law states that if a district and its employees' representatives cannot agree on a contract related to wages, hours, pensions, or working conditions, they can ask the State Conciliation Service to help mediate the disagreement.
Section § 125525
This law talks about what happens when a district and its employees can't agree on a contract involving wages, hours, and working conditions. If they both agree, they can take their dispute to an arbitration board. This board is made up of four people: two from the district and two from the labor group. They pick a fifth person together, or if they can't, a list is provided, and they each take turns removing names until one remains, who becomes the chair. The board's decision is final. Each side pays for their own costs, but they split the costs of running the arbitration equally.
Section § 125526
If the district and employee representatives can't agree on arbitration for a dispute, either party can notify the State Conciliation Service. This service checks if the dispute can be resolved and identifies the main issues. It then informs the Governor, who appoints a three-person factfinding commission within 10 days.
This commission investigates the dispute, has the power to call witnesses and demand documents, and reports back within 30 days. During this investigation and for 30 days after the report, no changes can be made to the conditions causing the dispute unless both parties agree. Public services must continue during this time.
Section § 125527
If a specific union is chosen to represent workers in collective bargaining as per Section 125521, certain government employment laws that typically apply do not apply to this district.