3512. 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.
3513. As used in this chapter:
(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) "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) "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 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 office of the Inspector General,
employees of the 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 otherwise provided in Section 11546.5, and intermittent athletic
inspectors who are employees of the State Athletic Commission.
(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) "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) "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) "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) "Board" means the Public Employment Relations Board. The
Educational Employment Relations Board established pursuant to
Section 3541 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) "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) "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) "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.
3514. 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).
3514.5. 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. Procedures for
investigating, hearing, and deciding these cases shall be devised and
promulgated by the board and shall include all of the following:
(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 such 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 such 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) 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) 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.
3515. 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.
3515.5. 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.
3515.6. 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.
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) 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) 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
California Victim Compensation and Government Claims Board for
receipt of charitable contributions by payroll deductions.
(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) 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) 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) 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.
3515.8. 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.
3516. 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.
3516.5. 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.
3517. 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.
3517.5. 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.
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, 19824, 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) 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, 19824, 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) 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, 19824, 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) 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, 19824, 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) 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.
3517.61. 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, 19824, 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.
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 Personnel Administration 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) 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 Personnel Administration if that side letter, appendix, or other
addendum is to be incorporated in a subsequent memorandum of
understanding submitted to the Legislature for approval.
3517.7. 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.
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) 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.
3518. 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.
3518.5. 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.
3518.7. 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.
3519. It shall be unlawful for the state to do any of the
following:
(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) Deny to employee organizations rights guaranteed to them by
this chapter.
(c) Refuse or fail to meet and confer in good faith with a
recognized employee organization.
(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) Refuse to participate in good faith in the mediation procedure
set forth in Section 3518.
3519.5. It shall be unlawful for an employee organization to:
(a) Cause or attempt to cause the state to violate Section 3519.
(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) 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) Refuse to participate in good faith in the mediation procedure
set forth in Section 3518.
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) 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) 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) 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.
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) The board shall establish reasonable procedures for petitions
and for holding elections and determining appropriate units pursuant
to subdivision (a).
(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.
3520.7. The state employer shall adopt reasonable rules and
regulations for all of the following:
(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) Determining the status of organizations and associations as
employee organizations or bona fide associations.
(c) Identifying the officers and representatives who officially
represent employee organizations and bona fide associations.
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) In determining an appropriate unit, the board shall take into
consideration all of the following criteria:
(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) 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) 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) 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) 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) 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) 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.
3521.5. 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).
3521.7. 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.
3522. (a) Physicians in any state bargaining unit may negotiate
under this chapter for preauthorized travel outside the state for
continuing medical education.
(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.
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) 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) 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) 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.
3523.5. The enactment of this chapter shall not be construed as
making the provisions of Section 923 of the Labor Code applicable to
state employees.
3524. This chapter shall be known and may be cited as the Ralph C.
Dills Act.
3512. 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.
3513. As used in this chapter:
(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) "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) "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 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 office of the Inspector General,
employees of the 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 otherwise provided in Section 11546.5, and intermittent athletic
inspectors who are employees of the State Athletic Commission.
(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) "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) "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) "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) "Board" means the Public Employment Relations Board. The
Educational Employment Relations Board established pursuant to
Section 3541 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) "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) "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) "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.
3514. 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).
3514.5. 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. Procedures for
investigating, hearing, and deciding these cases shall be devised and
promulgated by the board and shall include all of the following:
(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 such 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 such 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) 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) 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.
3515. 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.
3515.5. 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.
3515.6. 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.
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) 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) 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
California Victim Compensation and Government Claims Board for
receipt of charitable contributions by payroll deductions.
(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) 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) 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) 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.
3515.8. 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.
3516. 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.
3516.5. 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.
3517. 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.
3517.5. 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.
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, 19824, 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) 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, 19824, 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) 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, 19824, 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) 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, 19824, 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) 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.
3517.61. 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, 19824, 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.
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 Personnel Administration 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) 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 Personnel Administration if that side letter, appendix, or other
addendum is to be incorporated in a subsequent memorandum of
understanding submitted to the Legislature for approval.
3517.7. 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.
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) 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.
3518. 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.
3518.5. 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.
3518.7. 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.
3519. It shall be unlawful for the state to do any of the
following:
(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) Deny to employee organizations rights guaranteed to them by
this chapter.
(c) Refuse or fail to meet and confer in good faith with a
recognized employee organization.
(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) Refuse to participate in good faith in the mediation procedure
set forth in Section 3518.
3519.5. It shall be unlawful for an employee organization to:
(a) Cause or attempt to cause the state to violate Section 3519.
(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) 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) Refuse to participate in good faith in the mediation procedure
set forth in Section 3518.
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) 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) 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) 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.
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) The board shall establish reasonable procedures for petitions
and for holding elections and determining appropriate units pursuant
to subdivision (a).
(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.
3520.7. The state employer shall adopt reasonable rules and
regulations for all of the following:
(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) Determining the status of organizations and associations as
employee organizations or bona fide associations.
(c) Identifying the officers and representatives who officially
represent employee organizations and bona fide associations.
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) In determining an appropriate unit, the board shall take into
consideration all of the following criteria:
(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) 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) 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) 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) 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) 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) 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.
3521.5. 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).
3521.7. 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.
3522. (a) Physicians in any state bargaining unit may negotiate
under this chapter for preauthorized travel outside the state for
continuing medical education.
(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.
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) 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) 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) 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.
3523.5. The enactment of this chapter shall not be construed as
making the provisions of Section 923 of the Labor Code applicable to
state employees.
3524. This chapter shall be known and may be cited as the Ralph C.
Dills Act.
3512. 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.
3513. As used in this chapter:
(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) "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) "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 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 office of the Inspector General,
employees of the 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 otherwise provided in Section 11546.5, and intermittent athletic
inspectors who are employees of the State Athletic Commission.
(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) "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) "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) "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) "Board" means the Public Employment Relations Board. The
Educational Employment Relations Board established pursuant to
Section 3541 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) "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) "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) "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.
3514. 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).
3514.5. 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. Procedures for
investigating, hearing, and deciding these cases shall be devised and
promulgated by the board and shall include all of the following:
(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 such 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 such 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) 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) 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.
3515. 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.
3515.5. 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.
3515.6. 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.
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) 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) 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
California Victim Compensation and Government Claims Board for
receipt of charitable contributions by payroll deductions.
(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) 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) 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) 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.
3515.8. 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.
3516. 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.
3516.5. 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.
3517. 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.
3517.5. 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.
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, 19824, 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) 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, 19824, 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) 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, 19824, 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) 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, 19824, 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) 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.
3517.61. 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, 19824, 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.
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 Personnel Administration 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) 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 Personnel Administration if that side letter, appendix, or other
addendum is to be incorporated in a subsequent memorandum of
understanding submitted to the Legislature for approval.
3517.7. 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.
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) 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.
3518. 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.
3518.5. 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.
3518.7. 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.
3519. It shall be unlawful for the state to do any of the
following:
(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) Deny to employee organizations rights guaranteed to them by
this chapter.
(c) Refuse or fail to meet and confer in good faith with a
recognized employee organization.
(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) Refuse to participate in good faith in the mediation procedure
set forth in Section 3518.
3519.5. It shall be unlawful for an employee organization to:
(a) Cause or attempt to cause the state to violate Section 3519.
(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) 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) Refuse to participate in good faith in the mediation procedure
set forth in Section 3518.
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) 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) 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) 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.
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) The board shall establish reasonable procedures for petitions
and for holding elections and determining appropriate units pursuant
to subdivision (a).
(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.
3520.7. The state employer shall adopt reasonable rules and
regulations for all of the following:
(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) Determining the status of organizations and associations as
employee organizations or bona fide associations.
(c) Identifying the officers and representatives who officially
represent employee organizations and bona fide associations.
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) In determining an appropriate unit, the board shall take into
consideration all of the following criteria:
(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) 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) 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) 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) 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) 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) 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.
3521.5. 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).
3521.7. 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.
3522. (a) Physicians in any state bargaining unit may negotiate
under this chapter for preauthorized travel outside the state for
continuing medical education.
(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.
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) 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) 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) 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.
3523.5. The enactment of this chapter shall not be construed as
making the provisions of Section 923 of the Labor Code applicable to
state employees.
3524. This chapter shall be known and may be cited as the Ralph C.
Dills Act.
