State Codes and Statutes

Statutes > California > Gov > 3525-3539.5

GOVERNMENT CODE
SECTION 3525-3539.5



3525.  This chapter shall be known, and may be cited, as the Bill of
Rights for State Excluded Employees.



3526.  The purpose of this chapter is to inform state supervisory,
managerial, confidential, and employees otherwise excepted from
coverage under the Ralph C. Dills Act by subdivision (c) of Section
3513 of their rights and terms and conditions of employment, and to
inspire dedicated service, to recognize their important and
fundamental roles in the management of state government, and to
promote harmonious personnel relations among those representing state
management in the conduct of state affairs.



3527.  As used in this chapter:
   (a) "Employee" means a civil service employee of the State of
California. The "State of California" as used in this chapter
includes such state agencies, boards, and commissions as may be
designated by law that employ civil service employees, except the
University of California, Hastings College of the Law, and the
California State University.
   (b) "Excluded employee," means all managerial employees, as
defined in subdivision (e) of Section 3513, all confidential
employees, as defined in subdivision (f) of Section 3513, and all
supervisory employees, as defined in subdivision (g) of Section 3513,
and all civil service employees of the Department of Personnel
Administration, 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 Public Employment Relations Board,
conciliators employed by the State Conciliation Service within the
Department of Industrial Relations, employees of the office of the
State Chief Information Officer except as provided in Section
11546.5, and intermittent athletic inspectors who are employees of
the State Athletic Commission.
   (c) "Supervisory employee organization" means an organization that
represents members who are supervisory employees under subdivision
(g) of Section 3513.
   (d) "Excluded employee organization" means an organization that
includes excluded employees of the state, as defined in subdivision
(b), and that has as one of its primary purposes representing its
members in employer-employee relations. Excluded employee
organization includes supervisory employee organizations.
   (e) "State employer" or "employer," for purposes of meeting and
conferring on matters relating to supervisory employer-employee
relations, means the Governor or his or her designated
representatives.



3528.  The Legislature hereby finds and declares that the rights and
protections provided to excluded employees under this chapter
constitute a matter of important concern. The Legislature further
finds and declares that the efficient and effective administration of
state programs depends upon the maintenance of high morale and the
objective consideration of issues raised between excluded employees
and their employer.



3529.  (a) Except for supervisory employees as defined in
subdivision (g) of Section 3513, excluded employees shall not hold
any office in an employee organization which also represents
nonexcluded employees.
   (b) Excluded employees shall not participate in the handling of
grievances on behalf of nonexcluded employees. Nonexcluded employees
shall not participate in the handling of grievances on behalf of
excluded employees.
   (c) Excluded employees shall not participate in meet and confer
sessions on behalf of nonexcluded employees. Nonexcluded employees
shall not participate in meet and confer sessions on behalf of
supervisory employees.
   (d) The prohibition in subdivisions (b) and (c) shall not apply to
the paid staff of an excluded or supervisory employee organization.
   (e) Excluded employees shall not vote on questions of ratification
or rejection of memoranda of understanding reached on behalf of
nonexcluded employees.


3530.  Excluded employee organizations shall have the right to
represent their excluded members in their employment relations,
including grievances, with the State of California. Excluded employee
organizations may establish reasonable restrictions regarding who
may join and may make reasonable provisions for the dismissal of
excluded employees from membership. This section shall not prohibit
any excluded employee from appearing on his or her own behalf or
through his or her chosen representative in his or her employment
relations and grievances with the State of California.



3531.  Supervisory employees shall have the right to form, join, and
participate in the activities of supervisory employee organizations
of their own choosing for the purpose of representation on all
matters of supervisory employer-employee relations, as set forth in
Section 3532. Supervisory employees also shall have the right to
refuse to join or participate in the activities of supervisory
employee organizations and shall have the right to represent
themselves individually in their employment relations with the public
employer.


3532.  The scope of representation for supervisory employees shall
include all matters relating to employment conditions and supervisory
employer-employee relations including wages, hours, and other terms
and conditions of employment.


3533.  Upon request, the state shall meet and confer with verified
supervisory organizations representing supervisory employees on
matters within the scope of representation. Prior to arriving at a
determination of policy or course of action directly impacting
supervisory employees, the state employer shall provide reasonable
advance notice and provide the verified supervisory employee
organizations an opportunity to meet and confer with the state
employer to discuss alternative means of achieving objectives.
Advance notice may be written, oral, or electronic. "Meet and confer"
shall mean that the state employer shall consider as fully as it
deems reasonable, such presentations as are made by the verified
supervisory employee organization on behalf of its supervisory
members prior to arriving at a determination of policy or course of
action. The final determination of policy or course of action shall
be the sole responsibility of the state employer.
   When the state employer determines that, due to an emergency or
other immediate operational necessity, a law, rule, resolution, or
regulation must be adopted immediately without prior notice or
meeting and conferring with excluded employee organizations, the
state employer shall provide notice and opportunity to meet and
confer at the earliest practical time following the adoption of the
law, rule, resolution, or regulation.



3534.  The state employer shall allow a reasonable number of
supervisory public employee representatives of verified supervisory
employee organizations reasonable time off without loss of
compensation or other benefits when meeting and conferring with
representatives of the state employer on matters within the scope of
representation for supervisory employees.



3535.  The Department of Personnel Administration may adopt rules
and regulations for the administration of excluded employer-employee
relations, including supervisory employer-employee relations, under
these provisions. Such rules and regulations may include provisions
for:
   (a) Verifying that an excluded employee organization does in fact
represent excluded employees.
   (b) Verifying the official status of excluded employee
organization officers and representatives.
   (c) Access of excluded employee organization officers and
representatives to work locations.
   (d) Use of official bulletin boards and other means of
communication by excluded employee organizations.
   (e) Furnishing nonconfidential information pertaining to excluded
employee relations to excluded employee organizations.
   (f) Any other matters as are necessary to carry out the purposes
of this chapter.



3536.  The state may adopt reasonable rules and regulations
providing for designation of the management and confidential
employees of the state and restricting these employees from
representing any employee organization, which represents other
employees of the state, on matters within the scope of
representation. Except as specifically provided otherwise in this
chapter, this section does not otherwise limit the right of excluded
employees to be members of and to hold office in an excluded employee
organization.



3537.  Every excluded employee organization shall submit an annual
registration statement on or before July 1 of each calendar year to
the Department of Personnel Administration. The registration
statement shall, at a minimum, list the name of the organization, its
affiliations, headquarters, and other business addresses, its
principal business telephone number, a list of principal officers and
representatives, and a copy of its organization bylaws.



3538.  The state employer and excluded employee organizations shall
not interfere with, intimidate, restrain, coerce, or discriminate
against supervisory employees because of their exercise of their
rights under this article.


3539.  The enactment of this chapter shall not make Section 923 of
the Labor Code applicable to state employees.



3539.5.  (a) The Department of Personnel Administration may adopt or
amend regulations to implement employee benefits for those state
officers and employees excluded from, or not otherwise subject to,
the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512)).
   (b) These regulations shall not be subject to the review and
approval of the Office of Administrative Law pursuant to the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2). These regulations shall
become effective immediately upon filing with the Secretary of State.


State Codes and Statutes

Statutes > California > Gov > 3525-3539.5

GOVERNMENT CODE
SECTION 3525-3539.5



3525.  This chapter shall be known, and may be cited, as the Bill of
Rights for State Excluded Employees.



3526.  The purpose of this chapter is to inform state supervisory,
managerial, confidential, and employees otherwise excepted from
coverage under the Ralph C. Dills Act by subdivision (c) of Section
3513 of their rights and terms and conditions of employment, and to
inspire dedicated service, to recognize their important and
fundamental roles in the management of state government, and to
promote harmonious personnel relations among those representing state
management in the conduct of state affairs.



3527.  As used in this chapter:
   (a) "Employee" means a civil service employee of the State of
California. The "State of California" as used in this chapter
includes such state agencies, boards, and commissions as may be
designated by law that employ civil service employees, except the
University of California, Hastings College of the Law, and the
California State University.
   (b) "Excluded employee," means all managerial employees, as
defined in subdivision (e) of Section 3513, all confidential
employees, as defined in subdivision (f) of Section 3513, and all
supervisory employees, as defined in subdivision (g) of Section 3513,
and all civil service employees of the Department of Personnel
Administration, 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 Public Employment Relations Board,
conciliators employed by the State Conciliation Service within the
Department of Industrial Relations, employees of the office of the
State Chief Information Officer except as provided in Section
11546.5, and intermittent athletic inspectors who are employees of
the State Athletic Commission.
   (c) "Supervisory employee organization" means an organization that
represents members who are supervisory employees under subdivision
(g) of Section 3513.
   (d) "Excluded employee organization" means an organization that
includes excluded employees of the state, as defined in subdivision
(b), and that has as one of its primary purposes representing its
members in employer-employee relations. Excluded employee
organization includes supervisory employee organizations.
   (e) "State employer" or "employer," for purposes of meeting and
conferring on matters relating to supervisory employer-employee
relations, means the Governor or his or her designated
representatives.



3528.  The Legislature hereby finds and declares that the rights and
protections provided to excluded employees under this chapter
constitute a matter of important concern. The Legislature further
finds and declares that the efficient and effective administration of
state programs depends upon the maintenance of high morale and the
objective consideration of issues raised between excluded employees
and their employer.



3529.  (a) Except for supervisory employees as defined in
subdivision (g) of Section 3513, excluded employees shall not hold
any office in an employee organization which also represents
nonexcluded employees.
   (b) Excluded employees shall not participate in the handling of
grievances on behalf of nonexcluded employees. Nonexcluded employees
shall not participate in the handling of grievances on behalf of
excluded employees.
   (c) Excluded employees shall not participate in meet and confer
sessions on behalf of nonexcluded employees. Nonexcluded employees
shall not participate in meet and confer sessions on behalf of
supervisory employees.
   (d) The prohibition in subdivisions (b) and (c) shall not apply to
the paid staff of an excluded or supervisory employee organization.
   (e) Excluded employees shall not vote on questions of ratification
or rejection of memoranda of understanding reached on behalf of
nonexcluded employees.


3530.  Excluded employee organizations shall have the right to
represent their excluded members in their employment relations,
including grievances, with the State of California. Excluded employee
organizations may establish reasonable restrictions regarding who
may join and may make reasonable provisions for the dismissal of
excluded employees from membership. This section shall not prohibit
any excluded employee from appearing on his or her own behalf or
through his or her chosen representative in his or her employment
relations and grievances with the State of California.



3531.  Supervisory employees shall have the right to form, join, and
participate in the activities of supervisory employee organizations
of their own choosing for the purpose of representation on all
matters of supervisory employer-employee relations, as set forth in
Section 3532. Supervisory employees also shall have the right to
refuse to join or participate in the activities of supervisory
employee organizations and shall have the right to represent
themselves individually in their employment relations with the public
employer.


3532.  The scope of representation for supervisory employees shall
include all matters relating to employment conditions and supervisory
employer-employee relations including wages, hours, and other terms
and conditions of employment.


3533.  Upon request, the state shall meet and confer with verified
supervisory organizations representing supervisory employees on
matters within the scope of representation. Prior to arriving at a
determination of policy or course of action directly impacting
supervisory employees, the state employer shall provide reasonable
advance notice and provide the verified supervisory employee
organizations an opportunity to meet and confer with the state
employer to discuss alternative means of achieving objectives.
Advance notice may be written, oral, or electronic. "Meet and confer"
shall mean that the state employer shall consider as fully as it
deems reasonable, such presentations as are made by the verified
supervisory employee organization on behalf of its supervisory
members prior to arriving at a determination of policy or course of
action. The final determination of policy or course of action shall
be the sole responsibility of the state employer.
   When the state employer determines that, due to an emergency or
other immediate operational necessity, a law, rule, resolution, or
regulation must be adopted immediately without prior notice or
meeting and conferring with excluded employee organizations, the
state employer shall provide notice and opportunity to meet and
confer at the earliest practical time following the adoption of the
law, rule, resolution, or regulation.



3534.  The state employer shall allow a reasonable number of
supervisory public employee representatives of verified supervisory
employee organizations reasonable time off without loss of
compensation or other benefits when meeting and conferring with
representatives of the state employer on matters within the scope of
representation for supervisory employees.



3535.  The Department of Personnel Administration may adopt rules
and regulations for the administration of excluded employer-employee
relations, including supervisory employer-employee relations, under
these provisions. Such rules and regulations may include provisions
for:
   (a) Verifying that an excluded employee organization does in fact
represent excluded employees.
   (b) Verifying the official status of excluded employee
organization officers and representatives.
   (c) Access of excluded employee organization officers and
representatives to work locations.
   (d) Use of official bulletin boards and other means of
communication by excluded employee organizations.
   (e) Furnishing nonconfidential information pertaining to excluded
employee relations to excluded employee organizations.
   (f) Any other matters as are necessary to carry out the purposes
of this chapter.



3536.  The state may adopt reasonable rules and regulations
providing for designation of the management and confidential
employees of the state and restricting these employees from
representing any employee organization, which represents other
employees of the state, on matters within the scope of
representation. Except as specifically provided otherwise in this
chapter, this section does not otherwise limit the right of excluded
employees to be members of and to hold office in an excluded employee
organization.



3537.  Every excluded employee organization shall submit an annual
registration statement on or before July 1 of each calendar year to
the Department of Personnel Administration. The registration
statement shall, at a minimum, list the name of the organization, its
affiliations, headquarters, and other business addresses, its
principal business telephone number, a list of principal officers and
representatives, and a copy of its organization bylaws.



3538.  The state employer and excluded employee organizations shall
not interfere with, intimidate, restrain, coerce, or discriminate
against supervisory employees because of their exercise of their
rights under this article.


3539.  The enactment of this chapter shall not make Section 923 of
the Labor Code applicable to state employees.



3539.5.  (a) The Department of Personnel Administration may adopt or
amend regulations to implement employee benefits for those state
officers and employees excluded from, or not otherwise subject to,
the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512)).
   (b) These regulations shall not be subject to the review and
approval of the Office of Administrative Law pursuant to the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2). These regulations shall
become effective immediately upon filing with the Secretary of State.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 3525-3539.5

GOVERNMENT CODE
SECTION 3525-3539.5



3525.  This chapter shall be known, and may be cited, as the Bill of
Rights for State Excluded Employees.



3526.  The purpose of this chapter is to inform state supervisory,
managerial, confidential, and employees otherwise excepted from
coverage under the Ralph C. Dills Act by subdivision (c) of Section
3513 of their rights and terms and conditions of employment, and to
inspire dedicated service, to recognize their important and
fundamental roles in the management of state government, and to
promote harmonious personnel relations among those representing state
management in the conduct of state affairs.



3527.  As used in this chapter:
   (a) "Employee" means a civil service employee of the State of
California. The "State of California" as used in this chapter
includes such state agencies, boards, and commissions as may be
designated by law that employ civil service employees, except the
University of California, Hastings College of the Law, and the
California State University.
   (b) "Excluded employee," means all managerial employees, as
defined in subdivision (e) of Section 3513, all confidential
employees, as defined in subdivision (f) of Section 3513, and all
supervisory employees, as defined in subdivision (g) of Section 3513,
and all civil service employees of the Department of Personnel
Administration, 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 Public Employment Relations Board,
conciliators employed by the State Conciliation Service within the
Department of Industrial Relations, employees of the office of the
State Chief Information Officer except as provided in Section
11546.5, and intermittent athletic inspectors who are employees of
the State Athletic Commission.
   (c) "Supervisory employee organization" means an organization that
represents members who are supervisory employees under subdivision
(g) of Section 3513.
   (d) "Excluded employee organization" means an organization that
includes excluded employees of the state, as defined in subdivision
(b), and that has as one of its primary purposes representing its
members in employer-employee relations. Excluded employee
organization includes supervisory employee organizations.
   (e) "State employer" or "employer," for purposes of meeting and
conferring on matters relating to supervisory employer-employee
relations, means the Governor or his or her designated
representatives.



3528.  The Legislature hereby finds and declares that the rights and
protections provided to excluded employees under this chapter
constitute a matter of important concern. The Legislature further
finds and declares that the efficient and effective administration of
state programs depends upon the maintenance of high morale and the
objective consideration of issues raised between excluded employees
and their employer.



3529.  (a) Except for supervisory employees as defined in
subdivision (g) of Section 3513, excluded employees shall not hold
any office in an employee organization which also represents
nonexcluded employees.
   (b) Excluded employees shall not participate in the handling of
grievances on behalf of nonexcluded employees. Nonexcluded employees
shall not participate in the handling of grievances on behalf of
excluded employees.
   (c) Excluded employees shall not participate in meet and confer
sessions on behalf of nonexcluded employees. Nonexcluded employees
shall not participate in meet and confer sessions on behalf of
supervisory employees.
   (d) The prohibition in subdivisions (b) and (c) shall not apply to
the paid staff of an excluded or supervisory employee organization.
   (e) Excluded employees shall not vote on questions of ratification
or rejection of memoranda of understanding reached on behalf of
nonexcluded employees.


3530.  Excluded employee organizations shall have the right to
represent their excluded members in their employment relations,
including grievances, with the State of California. Excluded employee
organizations may establish reasonable restrictions regarding who
may join and may make reasonable provisions for the dismissal of
excluded employees from membership. This section shall not prohibit
any excluded employee from appearing on his or her own behalf or
through his or her chosen representative in his or her employment
relations and grievances with the State of California.



3531.  Supervisory employees shall have the right to form, join, and
participate in the activities of supervisory employee organizations
of their own choosing for the purpose of representation on all
matters of supervisory employer-employee relations, as set forth in
Section 3532. Supervisory employees also shall have the right to
refuse to join or participate in the activities of supervisory
employee organizations and shall have the right to represent
themselves individually in their employment relations with the public
employer.


3532.  The scope of representation for supervisory employees shall
include all matters relating to employment conditions and supervisory
employer-employee relations including wages, hours, and other terms
and conditions of employment.


3533.  Upon request, the state shall meet and confer with verified
supervisory organizations representing supervisory employees on
matters within the scope of representation. Prior to arriving at a
determination of policy or course of action directly impacting
supervisory employees, the state employer shall provide reasonable
advance notice and provide the verified supervisory employee
organizations an opportunity to meet and confer with the state
employer to discuss alternative means of achieving objectives.
Advance notice may be written, oral, or electronic. "Meet and confer"
shall mean that the state employer shall consider as fully as it
deems reasonable, such presentations as are made by the verified
supervisory employee organization on behalf of its supervisory
members prior to arriving at a determination of policy or course of
action. The final determination of policy or course of action shall
be the sole responsibility of the state employer.
   When the state employer determines that, due to an emergency or
other immediate operational necessity, a law, rule, resolution, or
regulation must be adopted immediately without prior notice or
meeting and conferring with excluded employee organizations, the
state employer shall provide notice and opportunity to meet and
confer at the earliest practical time following the adoption of the
law, rule, resolution, or regulation.



3534.  The state employer shall allow a reasonable number of
supervisory public employee representatives of verified supervisory
employee organizations reasonable time off without loss of
compensation or other benefits when meeting and conferring with
representatives of the state employer on matters within the scope of
representation for supervisory employees.



3535.  The Department of Personnel Administration may adopt rules
and regulations for the administration of excluded employer-employee
relations, including supervisory employer-employee relations, under
these provisions. Such rules and regulations may include provisions
for:
   (a) Verifying that an excluded employee organization does in fact
represent excluded employees.
   (b) Verifying the official status of excluded employee
organization officers and representatives.
   (c) Access of excluded employee organization officers and
representatives to work locations.
   (d) Use of official bulletin boards and other means of
communication by excluded employee organizations.
   (e) Furnishing nonconfidential information pertaining to excluded
employee relations to excluded employee organizations.
   (f) Any other matters as are necessary to carry out the purposes
of this chapter.



3536.  The state may adopt reasonable rules and regulations
providing for designation of the management and confidential
employees of the state and restricting these employees from
representing any employee organization, which represents other
employees of the state, on matters within the scope of
representation. Except as specifically provided otherwise in this
chapter, this section does not otherwise limit the right of excluded
employees to be members of and to hold office in an excluded employee
organization.



3537.  Every excluded employee organization shall submit an annual
registration statement on or before July 1 of each calendar year to
the Department of Personnel Administration. The registration
statement shall, at a minimum, list the name of the organization, its
affiliations, headquarters, and other business addresses, its
principal business telephone number, a list of principal officers and
representatives, and a copy of its organization bylaws.



3538.  The state employer and excluded employee organizations shall
not interfere with, intimidate, restrain, coerce, or discriminate
against supervisory employees because of their exercise of their
rights under this article.


3539.  The enactment of this chapter shall not make Section 923 of
the Labor Code applicable to state employees.



3539.5.  (a) The Department of Personnel Administration may adopt or
amend regulations to implement employee benefits for those state
officers and employees excluded from, or not otherwise subject to,
the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512)).
   (b) These regulations shall not be subject to the review and
approval of the Office of Administrative Law pursuant to the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2). These regulations shall
become effective immediately upon filing with the Secretary of State.