3580. Except as provided by this article, supervisory employees
shall not have the rights, or be covered by, any provision or
definition established by this chapter.
3580.3. "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 such action, if, in connection with the
foregoing, the exercise of such authority is not of a merely routine
or clerical nature, but requires the use of independent judgment.
With respect to faculty or academic employees, any department chair,
head of a similar academic unit or program, or other employee who
performs the foregoing duties primarily in the interest of and on
behalf of the members of the academic department, unit or program,
shall not be deemed a supervisory employee solely because of such
duties; provided, that with respect to the University of California
and Hastings College of the Law, there shall be a rebuttable
presumption that such an individual appointed by the employer to an
indefinite term shall be deemed to be a supervisor. Employees whose
duties are substantially similar to those of their subordinates shall
not be considered to be supervisory employees.
3580.5. (a) Supervisory employees shall not participate in the
handling of grievances on behalf of nonsupervisory employees.
Nonsupervisory employees shall not participate in the handling of
grievances on behalf of supervisory employees.
(b) Supervisory employees shall not participate in meet and confer
sessions on behalf of nonsupervisory employees. Nonsupervisory
employees shall not participate in meet and confer sessions on behalf
of supervisory employees.
(c) The prohibition in subdivisions (a) and (b) shall not be
construed to apply to the paid staff of an employee organization.
(d) Supervisory employees shall not vote on questions of
ratification or rejection of memoranda of understanding reached on
behalf of nonsupervisory employees.
3581.1. Supervisory 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
supervisory employee-employer relations as set forth in Section
3581.3. Supervisory employees also shall have the right to refuse to
join or participate in the activities of employee organizations and
shall have the right to represent themselves individually in their
employment relations with the employer.
3581.2. Employee organizations shall have the right to represent
their supervisory employee members in their employment relations,
including grievances, with the employer. Employee organizations may
establish reasonable restrictions regarding who may join and may make
reasonable provisions for the dismissal of employees from
membership. Nothing in this section shall prohibit any 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 higher education employer.
3581.3. The scope of representation for supervisory employees shall
include all matters relating to employment conditions and
supervisory employee-employer relations including wages, hours, and
other terms and conditions of employment.
3581.4. The higher education employer shall meet and confer with
representatives of employee organizations upon request. Meet and
confer means that they shall consider as fully as the employer deems
reasonable such presentations as are made by the employee
organization on behalf of its supervisory members prior to arriving
at a determination of policy or course of action.
3581.5. The higher education employer shall allow a reasonable
number of supervisory public employee representatives of verified
employee organizations reasonable time off without loss of
compensation or other benefits when meeting and conferring with
representatives of the higher education employer on matters within
the scope of representation.
3581.6. The higher education employer and employee organizations
shall not interfere with, intimidate, restrain, coerce, or
discriminate against supervisory employees because of their exercise
of their rights under this article.
3581.7. Subject to review by the board, the higher education
employer may adopt reasonable rules and regulations for the
administration of supervisory employee-employer relations under this
article. Such rules and regulations may include provisions for:
(a) Verifying that an employee organization does in fact represent
supervisory employees of the employer.
(b) Verifying the official status of employee organization
officers and representatives.
(c) Access of employee organization officers and representatives
to work locations.
(d) Use of official bulletin boards and other means of
communication by employee organizations.
(e) Furnishing nonconfidential information pertaining to
supervisory employee relations to employee organizations.
(f) Such other matters as are necessary to carry out the purposes
of this article.
3580. Except as provided by this article, supervisory employees
shall not have the rights, or be covered by, any provision or
definition established by this chapter.
3580.3. "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 such action, if, in connection with the
foregoing, the exercise of such authority is not of a merely routine
or clerical nature, but requires the use of independent judgment.
With respect to faculty or academic employees, any department chair,
head of a similar academic unit or program, or other employee who
performs the foregoing duties primarily in the interest of and on
behalf of the members of the academic department, unit or program,
shall not be deemed a supervisory employee solely because of such
duties; provided, that with respect to the University of California
and Hastings College of the Law, there shall be a rebuttable
presumption that such an individual appointed by the employer to an
indefinite term shall be deemed to be a supervisor. Employees whose
duties are substantially similar to those of their subordinates shall
not be considered to be supervisory employees.
3580.5. (a) Supervisory employees shall not participate in the
handling of grievances on behalf of nonsupervisory employees.
Nonsupervisory employees shall not participate in the handling of
grievances on behalf of supervisory employees.
(b) Supervisory employees shall not participate in meet and confer
sessions on behalf of nonsupervisory employees. Nonsupervisory
employees shall not participate in meet and confer sessions on behalf
of supervisory employees.
(c) The prohibition in subdivisions (a) and (b) shall not be
construed to apply to the paid staff of an employee organization.
(d) Supervisory employees shall not vote on questions of
ratification or rejection of memoranda of understanding reached on
behalf of nonsupervisory employees.
3581.1. Supervisory 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
supervisory employee-employer relations as set forth in Section
3581.3. Supervisory employees also shall have the right to refuse to
join or participate in the activities of employee organizations and
shall have the right to represent themselves individually in their
employment relations with the employer.
3581.2. Employee organizations shall have the right to represent
their supervisory employee members in their employment relations,
including grievances, with the employer. Employee organizations may
establish reasonable restrictions regarding who may join and may make
reasonable provisions for the dismissal of employees from
membership. Nothing in this section shall prohibit any 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 higher education employer.
3581.3. The scope of representation for supervisory employees shall
include all matters relating to employment conditions and
supervisory employee-employer relations including wages, hours, and
other terms and conditions of employment.
3581.4. The higher education employer shall meet and confer with
representatives of employee organizations upon request. Meet and
confer means that they shall consider as fully as the employer deems
reasonable such presentations as are made by the employee
organization on behalf of its supervisory members prior to arriving
at a determination of policy or course of action.
3581.5. The higher education employer shall allow a reasonable
number of supervisory public employee representatives of verified
employee organizations reasonable time off without loss of
compensation or other benefits when meeting and conferring with
representatives of the higher education employer on matters within
the scope of representation.
3581.6. The higher education employer and employee organizations
shall not interfere with, intimidate, restrain, coerce, or
discriminate against supervisory employees because of their exercise
of their rights under this article.
3581.7. Subject to review by the board, the higher education
employer may adopt reasonable rules and regulations for the
administration of supervisory employee-employer relations under this
article. Such rules and regulations may include provisions for:
(a) Verifying that an employee organization does in fact represent
supervisory employees of the employer.
(b) Verifying the official status of employee organization
officers and representatives.
(c) Access of employee organization officers and representatives
to work locations.
(d) Use of official bulletin boards and other means of
communication by employee organizations.
(e) Furnishing nonconfidential information pertaining to
supervisory employee relations to employee organizations.
(f) Such other matters as are necessary to carry out the purposes
of this article.
3580. Except as provided by this article, supervisory employees
shall not have the rights, or be covered by, any provision or
definition established by this chapter.
3580.3. "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 such action, if, in connection with the
foregoing, the exercise of such authority is not of a merely routine
or clerical nature, but requires the use of independent judgment.
With respect to faculty or academic employees, any department chair,
head of a similar academic unit or program, or other employee who
performs the foregoing duties primarily in the interest of and on
behalf of the members of the academic department, unit or program,
shall not be deemed a supervisory employee solely because of such
duties; provided, that with respect to the University of California
and Hastings College of the Law, there shall be a rebuttable
presumption that such an individual appointed by the employer to an
indefinite term shall be deemed to be a supervisor. Employees whose
duties are substantially similar to those of their subordinates shall
not be considered to be supervisory employees.
3580.5. (a) Supervisory employees shall not participate in the
handling of grievances on behalf of nonsupervisory employees.
Nonsupervisory employees shall not participate in the handling of
grievances on behalf of supervisory employees.
(b) Supervisory employees shall not participate in meet and confer
sessions on behalf of nonsupervisory employees. Nonsupervisory
employees shall not participate in meet and confer sessions on behalf
of supervisory employees.
(c) The prohibition in subdivisions (a) and (b) shall not be
construed to apply to the paid staff of an employee organization.
(d) Supervisory employees shall not vote on questions of
ratification or rejection of memoranda of understanding reached on
behalf of nonsupervisory employees.
3581.1. Supervisory 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
supervisory employee-employer relations as set forth in Section
3581.3. Supervisory employees also shall have the right to refuse to
join or participate in the activities of employee organizations and
shall have the right to represent themselves individually in their
employment relations with the employer.
3581.2. Employee organizations shall have the right to represent
their supervisory employee members in their employment relations,
including grievances, with the employer. Employee organizations may
establish reasonable restrictions regarding who may join and may make
reasonable provisions for the dismissal of employees from
membership. Nothing in this section shall prohibit any 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 higher education employer.
3581.3. The scope of representation for supervisory employees shall
include all matters relating to employment conditions and
supervisory employee-employer relations including wages, hours, and
other terms and conditions of employment.
3581.4. The higher education employer shall meet and confer with
representatives of employee organizations upon request. Meet and
confer means that they shall consider as fully as the employer deems
reasonable such presentations as are made by the employee
organization on behalf of its supervisory members prior to arriving
at a determination of policy or course of action.
3581.5. The higher education employer shall allow a reasonable
number of supervisory public employee representatives of verified
employee organizations reasonable time off without loss of
compensation or other benefits when meeting and conferring with
representatives of the higher education employer on matters within
the scope of representation.
3581.6. The higher education employer and employee organizations
shall not interfere with, intimidate, restrain, coerce, or
discriminate against supervisory employees because of their exercise
of their rights under this article.
3581.7. Subject to review by the board, the higher education
employer may adopt reasonable rules and regulations for the
administration of supervisory employee-employer relations under this
article. Such rules and regulations may include provisions for:
(a) Verifying that an employee organization does in fact represent
supervisory employees of the employer.
(b) Verifying the official status of employee organization
officers and representatives.
(c) Access of employee organization officers and representatives
to work locations.
(d) Use of official bulletin boards and other means of
communication by employee organizations.
(e) Furnishing nonconfidential information pertaining to
supervisory employee relations to employee organizations.
(f) Such other matters as are necessary to carry out the purposes
of this article.
