3560. The Legislature hereby finds and declares that:
(a) The people of the State of California have a fundamental
interest in the development of harmonious and cooperative labor
relations between the public institutions of higher education and
their employees.
(b) All other employees of the public school systems in the state
have been granted the opportunity for collective bargaining through
the adoption of Chapter 10.3 (commencing with Section 3512) and
Chapter 10.7 (commencing with Section 3540), and it would be
advantageous and desirable to expand the jurisdiction of the board
created thereunder to cover the employees of the University of
California, Hastings College of the Law, and the California State
University. These institutions of higher education have their own
organizational characteristics.
(c) The people of the State of California have established a
system of higher education under the Constitution of the State of
California with the intention of providing an academic community with
full freedom of inquiry and insulation from political influence in
the administration thereof. In so doing, the people have caused to be
created the regents to govern the University of California, a board
of directors to govern Hastings College of the Law, an affiliate of
the University of California, and a board of trustees to govern the
California State University.
(d) The people and the aforementioned higher education employers
each have a fundamental interest in the preservation and promotion of
the responsibilities granted by the people of the State of
California. Harmonious relations between each higher education
employer and its employees are necessary to that endeavor.
(e) It is the purpose of this chapter to provide the means by
which relations between each higher education employer and its
employees may assure that the responsibilities and authorities
granted to the separate institutions under the Constitution and by
statute are carried out in an atmosphere which permits the fullest
participation by employees in the determination of conditions of
employment which affect them. It is the intent of this chapter to
accomplish this purpose by providing a uniform basis for recognizing
the right of the employees of these systems to full freedom of
association, self-organization, and designation of representatives of
their own choosing for the purpose of representation in their
employment relationships with their employers and to select one of
these organizations as their exclusive representative for the purpose
of meeting and conferring.
3561. (a) It is the further purpose of this chapter to provide
orderly and clearly defined procedures for meeting and conferring and
the resolution of impasses, and to define and prohibit certain
practices which are inimical to the public interest.
(b) The Legislature recognizes that joint decisionmaking and
consultation between administration and faculty or academic employees
is the long-accepted manner of governing institutions of higher
learning and is essential to the performance of the educational
missions of these institutions, and declares that it is the purpose
of this chapter to both preserve and encourage that process. Nothing
contained in this chapter shall be construed to restrict, limit, or
prohibit the full exercise of the functions of the faculty in any
shared governance mechanisms or practices, including the Academic
Senate of the University of California and the divisions thereof, the
Academic Senates of the California State University, and other
faculty councils, with respect to policies on academic and
professional matters affecting the California State University, the
University of California, or Hastings College of the Law. The
principle of peer review of appointment, promotion, retention, and
tenure for academic employees shall be preserved.
(c) It is the policy of the State of California to encourage the
pursuit of excellence in teaching, research, and learning through the
free exchange of ideas among the faculty, students, and staff of the
University of California, Hastings College of the Law, and the
California State University. All parties subject to this chapter
shall respect and endeavor to preserve academic freedom in the
University of California, Hastings College of the Law, and the
California State University.
3562. As used in this chapter:
(a) "Arbitration" means a method of resolving a rights dispute
under which the parties to a controversy must accept the award of a
third party.
(b) "Board" means the Public Employment Relations Board
established pursuant to Section 3513.
(c) "Certified organization" means an employee organization that
has been certified by the board as the exclusive representative of
the employees in an appropriate unit after a proceeding under Article
5 (commencing with Section 3573).
(d) "Confidential employee" means any employee who is required to
develop or present management positions with respect to meeting and
conferring or whose duties normally require access to confidential
information which contributes significantly to the development of
those management positions.
(e) "Employee" or "higher education employee" means any employee
of the Regents of the University of California, the Directors of the
Hastings College of the Law, or the Trustees of the California State
University. However, managerial and confidential employees and
employees whose principal place of employment is outside the State of
California at a worksite with 100 or fewer employees shall be
excluded from coverage under this chapter. The board may find student
employees whose employment is contingent on their status as students
are employees only if the services they provide are unrelated to
their educational objectives, or that those educational objectives
are subordinate to the services they perform and that coverage under
this chapter would further the purposes of this chapter.
(f) (1) "Employee organization" means any organization of any kind
in which higher education employees participate and that exists for
the purpose, in whole or in part, of dealing with higher education
employers concerning grievances, labor disputes, wages, hours, and
other terms and conditions of employment of employees. An
organization that represents one or more employees whose principal
worksite is located outside the State of California is an employee
organization only if it has filed with the board and with the
employer a statement agreeing, in consideration of obtaining the
benefits of status as an employee organization pursuant to this
chapter, to submit to the jurisdiction of the board. The board shall
promulgate the form of the statement.
(2) "Employee organization" shall also include any person that an
employee organization authorizes to act on its behalf. An academic
senate, or other similar academic bodies, or divisions thereof, shall
not be considered employee organizations for the purposes of this
chapter.
(g) "Employer" or "higher education employer" means the regents in
the case of the University of California, the directors in the case
of the Hastings College of the Law, and the trustees in the case of
the California State University, including any person acting as an
agent of an employer.
(h) "Employer representative" means any person or persons
authorized to act on behalf of the employer.
(i) "Exclusive representative" means any recognized or certified
employee organization or person it authorizes to act on its behalf.
(j) "Impasse" means that the parties have reached a point in
meeting and conferring at which their differences in positions are
such that further meetings would be futile.
(k) "Managerial employee" means any employee having significant
responsibilities for formulating or administering policies and
programs. No employee or group of employees shall be deemed to be
managerial employees solely because the employee or group of
employees participates in decisions with respect to courses,
curriculum, personnel, and other matters of educational policy. A
department chair or head of a similar academic unit or program who
performs the foregoing duties primarily on behalf of the members of
the academic unit or program shall not be deemed a managerial
employee solely because of those duties.
(l) "Mediation" means the efforts of a third person, or persons,
functioning as intermediaries, to assist the parties in reaching a
voluntary resolution to an impasse.
(m) "Meet and confer" means the performance of the mutual
obligation of the higher education employer and the exclusive
representative of its employees to meet at reasonable times and to
confer in good faith with respect to matters within the scope of
representation and to endeavor to reach agreement on matters within
the scope of representation. The process shall include adequate time
for the resolution of impasses. If agreement is reached between
representatives of the higher education employer and the exclusive
representative, they shall jointly prepare a written memorandum of
the understanding, which shall be presented to the higher education
employer for concurrence. However, these obligations shall not compel
either party to agree to any proposal or require the making of a
concession.
(n) "Person" means one or more individuals, organizations,
associations, corporations, boards, committees, commissions,
agencies, or their representatives.
(o) "Professional employee" means:
(1) Any employee engaged in work: (A) predominantly intellectual
and varied in character as opposed to routine mental, manual,
mechanical, or physical work; (B) involving the consistent exercise
of discretion and judgment in its performance; (C) of a character so
that the output produced or the result accomplished cannot be
standardized in relation to a given period of time; and (D) 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.
(2) Any employee who: (A) has completed the courses of specialized
intellectual instruction and study described in subparagraph (D) of
paragraph (1), and (B) is performing related work under the
supervision of a professional person to qualify himself or herself to
become a professional employee as defined in paragraph (1).
(p) "Recognized organization" means an employee organization that
has been recognized by an employer as the exclusive representative of
the employees in an appropriate unit pursuant to Article 5
(commencing with Section 3573).
(q) (1) For purposes of the University of California only, "scope
of representation" means, and is limited to, wages, hours of
employment, and other terms and conditions of employment. The scope
of representation shall not include any of the following:
(A) Consideration of the merits, necessity, or organization of any
service, activity, or program established by law or resolution of
the regents or the directors, except for the terms and conditions of
employment of employees who may be affected thereby.
(B) The amount of any fees that are not a term or condition of
employment.
(C) Admission requirements for students, conditions for the award
of certificates and degrees to students, and the content and
supervision of courses, curricula, and research programs, as those
terms are intended by the standing orders of the regents or the
directors.
(D) Procedures and policies to be used for the appointment,
promotion, and tenure of members of the academic senate, the
procedures to be used for the evaluation of the members of the
academic senate, and the procedures for processing grievances of
members of the academic senate. The exclusive representative of
members of the academic senate shall have the right to consult and be
consulted on matters excluded from the scope of representation
pursuant to this subparagraph. If the academic senate determines that
any matter in this subparagraph should be within the scope of
representation, or if any matter in this subparagraph is withdrawn
from the responsibility of the academic senate, the matter shall be
within the scope of representation.
(2) All matters not within the scope of representation are
reserved to the employer and may not be subject to meeting and
conferring, provided that nothing herein may be construed to limit
the right of the employer to consult with any employees or employee
organization on any matter outside the scope of representation.
(r) (1) For purposes of the California State University only,
"scope of representation" means, and is limited to, wages, hours of
employment, and other terms and conditions of employment. The scope
of representation shall not include:
(A) Consideration of the merits, necessity, or organization of any
service, activity, or program established by statute or regulations
adopted by the trustees, except for the terms and conditions of
employment of employees who may be affected thereby.
(B) The amount of any student fees that are not a term or
condition of employment.
(C) Admission requirements for students, conditions for the award
of certificates and degrees to students, and the content and conduct
of courses, curricula, and research programs.
(D) Criteria and standards to be used for the appointment,
promotion, evaluation, and tenure of academic employees, which shall
be the joint responsibility of the academic senate and the trustees.
The exclusive representative shall have the right to consult and be
consulted on matters excluded from the scope of representation
pursuant to this subparagraph. If the trustees withdraw any matter in
this subparagraph from the responsibility of the academic senate,
the matter shall be within the scope of representation.
(E) The amount of rental rates for housing charged to California
State University employees.
(2) All matters not within the scope of representation are
reserved to the employer, and may not be subject to meeting and
conferring, provided that nothing herein may be construed to limit
the right of the employer to consult with any employees or employee
organization on any matter outside the scope of representation.
3562.1. The California State University may meet and confer with
the employee organization selected as the exclusive representative of
appropriate units at the university on the establishment of flexible
benefit plans. Any agreement between the university and an employee
organization which requires the expenditure of funds for a flexible
benefit program is not subject to legislative approval if funds
otherwise appropriated to the California State University for
employee compensation are sufficient to finance the flexible benefit
plan.
3562.2. Notwithstanding subdivision (r) of Section 3562, for
purposes of the California State University only, "scope of
representation" also means any retirement benefits available to a
state member under Part 3 (commencing with Section 20000) of Title 2.
3560. The Legislature hereby finds and declares that:
(a) The people of the State of California have a fundamental
interest in the development of harmonious and cooperative labor
relations between the public institutions of higher education and
their employees.
(b) All other employees of the public school systems in the state
have been granted the opportunity for collective bargaining through
the adoption of Chapter 10.3 (commencing with Section 3512) and
Chapter 10.7 (commencing with Section 3540), and it would be
advantageous and desirable to expand the jurisdiction of the board
created thereunder to cover the employees of the University of
California, Hastings College of the Law, and the California State
University. These institutions of higher education have their own
organizational characteristics.
(c) The people of the State of California have established a
system of higher education under the Constitution of the State of
California with the intention of providing an academic community with
full freedom of inquiry and insulation from political influence in
the administration thereof. In so doing, the people have caused to be
created the regents to govern the University of California, a board
of directors to govern Hastings College of the Law, an affiliate of
the University of California, and a board of trustees to govern the
California State University.
(d) The people and the aforementioned higher education employers
each have a fundamental interest in the preservation and promotion of
the responsibilities granted by the people of the State of
California. Harmonious relations between each higher education
employer and its employees are necessary to that endeavor.
(e) It is the purpose of this chapter to provide the means by
which relations between each higher education employer and its
employees may assure that the responsibilities and authorities
granted to the separate institutions under the Constitution and by
statute are carried out in an atmosphere which permits the fullest
participation by employees in the determination of conditions of
employment which affect them. It is the intent of this chapter to
accomplish this purpose by providing a uniform basis for recognizing
the right of the employees of these systems to full freedom of
association, self-organization, and designation of representatives of
their own choosing for the purpose of representation in their
employment relationships with their employers and to select one of
these organizations as their exclusive representative for the purpose
of meeting and conferring.
3561. (a) It is the further purpose of this chapter to provide
orderly and clearly defined procedures for meeting and conferring and
the resolution of impasses, and to define and prohibit certain
practices which are inimical to the public interest.
(b) The Legislature recognizes that joint decisionmaking and
consultation between administration and faculty or academic employees
is the long-accepted manner of governing institutions of higher
learning and is essential to the performance of the educational
missions of these institutions, and declares that it is the purpose
of this chapter to both preserve and encourage that process. Nothing
contained in this chapter shall be construed to restrict, limit, or
prohibit the full exercise of the functions of the faculty in any
shared governance mechanisms or practices, including the Academic
Senate of the University of California and the divisions thereof, the
Academic Senates of the California State University, and other
faculty councils, with respect to policies on academic and
professional matters affecting the California State University, the
University of California, or Hastings College of the Law. The
principle of peer review of appointment, promotion, retention, and
tenure for academic employees shall be preserved.
(c) It is the policy of the State of California to encourage the
pursuit of excellence in teaching, research, and learning through the
free exchange of ideas among the faculty, students, and staff of the
University of California, Hastings College of the Law, and the
California State University. All parties subject to this chapter
shall respect and endeavor to preserve academic freedom in the
University of California, Hastings College of the Law, and the
California State University.
3562. As used in this chapter:
(a) "Arbitration" means a method of resolving a rights dispute
under which the parties to a controversy must accept the award of a
third party.
(b) "Board" means the Public Employment Relations Board
established pursuant to Section 3513.
(c) "Certified organization" means an employee organization that
has been certified by the board as the exclusive representative of
the employees in an appropriate unit after a proceeding under Article
5 (commencing with Section 3573).
(d) "Confidential employee" means any employee who is required to
develop or present management positions with respect to meeting and
conferring or whose duties normally require access to confidential
information which contributes significantly to the development of
those management positions.
(e) "Employee" or "higher education employee" means any employee
of the Regents of the University of California, the Directors of the
Hastings College of the Law, or the Trustees of the California State
University. However, managerial and confidential employees and
employees whose principal place of employment is outside the State of
California at a worksite with 100 or fewer employees shall be
excluded from coverage under this chapter. The board may find student
employees whose employment is contingent on their status as students
are employees only if the services they provide are unrelated to
their educational objectives, or that those educational objectives
are subordinate to the services they perform and that coverage under
this chapter would further the purposes of this chapter.
(f) (1) "Employee organization" means any organization of any kind
in which higher education employees participate and that exists for
the purpose, in whole or in part, of dealing with higher education
employers concerning grievances, labor disputes, wages, hours, and
other terms and conditions of employment of employees. An
organization that represents one or more employees whose principal
worksite is located outside the State of California is an employee
organization only if it has filed with the board and with the
employer a statement agreeing, in consideration of obtaining the
benefits of status as an employee organization pursuant to this
chapter, to submit to the jurisdiction of the board. The board shall
promulgate the form of the statement.
(2) "Employee organization" shall also include any person that an
employee organization authorizes to act on its behalf. An academic
senate, or other similar academic bodies, or divisions thereof, shall
not be considered employee organizations for the purposes of this
chapter.
(g) "Employer" or "higher education employer" means the regents in
the case of the University of California, the directors in the case
of the Hastings College of the Law, and the trustees in the case of
the California State University, including any person acting as an
agent of an employer.
(h) "Employer representative" means any person or persons
authorized to act on behalf of the employer.
(i) "Exclusive representative" means any recognized or certified
employee organization or person it authorizes to act on its behalf.
(j) "Impasse" means that the parties have reached a point in
meeting and conferring at which their differences in positions are
such that further meetings would be futile.
(k) "Managerial employee" means any employee having significant
responsibilities for formulating or administering policies and
programs. No employee or group of employees shall be deemed to be
managerial employees solely because the employee or group of
employees participates in decisions with respect to courses,
curriculum, personnel, and other matters of educational policy. A
department chair or head of a similar academic unit or program who
performs the foregoing duties primarily on behalf of the members of
the academic unit or program shall not be deemed a managerial
employee solely because of those duties.
(l) "Mediation" means the efforts of a third person, or persons,
functioning as intermediaries, to assist the parties in reaching a
voluntary resolution to an impasse.
(m) "Meet and confer" means the performance of the mutual
obligation of the higher education employer and the exclusive
representative of its employees to meet at reasonable times and to
confer in good faith with respect to matters within the scope of
representation and to endeavor to reach agreement on matters within
the scope of representation. The process shall include adequate time
for the resolution of impasses. If agreement is reached between
representatives of the higher education employer and the exclusive
representative, they shall jointly prepare a written memorandum of
the understanding, which shall be presented to the higher education
employer for concurrence. However, these obligations shall not compel
either party to agree to any proposal or require the making of a
concession.
(n) "Person" means one or more individuals, organizations,
associations, corporations, boards, committees, commissions,
agencies, or their representatives.
(o) "Professional employee" means:
(1) Any employee engaged in work: (A) predominantly intellectual
and varied in character as opposed to routine mental, manual,
mechanical, or physical work; (B) involving the consistent exercise
of discretion and judgment in its performance; (C) of a character so
that the output produced or the result accomplished cannot be
standardized in relation to a given period of time; and (D) 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.
(2) Any employee who: (A) has completed the courses of specialized
intellectual instruction and study described in subparagraph (D) of
paragraph (1), and (B) is performing related work under the
supervision of a professional person to qualify himself or herself to
become a professional employee as defined in paragraph (1).
(p) "Recognized organization" means an employee organization that
has been recognized by an employer as the exclusive representative of
the employees in an appropriate unit pursuant to Article 5
(commencing with Section 3573).
(q) (1) For purposes of the University of California only, "scope
of representation" means, and is limited to, wages, hours of
employment, and other terms and conditions of employment. The scope
of representation shall not include any of the following:
(A) Consideration of the merits, necessity, or organization of any
service, activity, or program established by law or resolution of
the regents or the directors, except for the terms and conditions of
employment of employees who may be affected thereby.
(B) The amount of any fees that are not a term or condition of
employment.
(C) Admission requirements for students, conditions for the award
of certificates and degrees to students, and the content and
supervision of courses, curricula, and research programs, as those
terms are intended by the standing orders of the regents or the
directors.
(D) Procedures and policies to be used for the appointment,
promotion, and tenure of members of the academic senate, the
procedures to be used for the evaluation of the members of the
academic senate, and the procedures for processing grievances of
members of the academic senate. The exclusive representative of
members of the academic senate shall have the right to consult and be
consulted on matters excluded from the scope of representation
pursuant to this subparagraph. If the academic senate determines that
any matter in this subparagraph should be within the scope of
representation, or if any matter in this subparagraph is withdrawn
from the responsibility of the academic senate, the matter shall be
within the scope of representation.
(2) All matters not within the scope of representation are
reserved to the employer and may not be subject to meeting and
conferring, provided that nothing herein may be construed to limit
the right of the employer to consult with any employees or employee
organization on any matter outside the scope of representation.
(r) (1) For purposes of the California State University only,
"scope of representation" means, and is limited to, wages, hours of
employment, and other terms and conditions of employment. The scope
of representation shall not include:
(A) Consideration of the merits, necessity, or organization of any
service, activity, or program established by statute or regulations
adopted by the trustees, except for the terms and conditions of
employment of employees who may be affected thereby.
(B) The amount of any student fees that are not a term or
condition of employment.
(C) Admission requirements for students, conditions for the award
of certificates and degrees to students, and the content and conduct
of courses, curricula, and research programs.
(D) Criteria and standards to be used for the appointment,
promotion, evaluation, and tenure of academic employees, which shall
be the joint responsibility of the academic senate and the trustees.
The exclusive representative shall have the right to consult and be
consulted on matters excluded from the scope of representation
pursuant to this subparagraph. If the trustees withdraw any matter in
this subparagraph from the responsibility of the academic senate,
the matter shall be within the scope of representation.
(E) The amount of rental rates for housing charged to California
State University employees.
(2) All matters not within the scope of representation are
reserved to the employer, and may not be subject to meeting and
conferring, provided that nothing herein may be construed to limit
the right of the employer to consult with any employees or employee
organization on any matter outside the scope of representation.
3562.1. The California State University may meet and confer with
the employee organization selected as the exclusive representative of
appropriate units at the university on the establishment of flexible
benefit plans. Any agreement between the university and an employee
organization which requires the expenditure of funds for a flexible
benefit program is not subject to legislative approval if funds
otherwise appropriated to the California State University for
employee compensation are sufficient to finance the flexible benefit
plan.
3562.2. Notwithstanding subdivision (r) of Section 3562, for
purposes of the California State University only, "scope of
representation" also means any retirement benefits available to a
state member under Part 3 (commencing with Section 20000) of Title 2.
3560. The Legislature hereby finds and declares that:
(a) The people of the State of California have a fundamental
interest in the development of harmonious and cooperative labor
relations between the public institutions of higher education and
their employees.
(b) All other employees of the public school systems in the state
have been granted the opportunity for collective bargaining through
the adoption of Chapter 10.3 (commencing with Section 3512) and
Chapter 10.7 (commencing with Section 3540), and it would be
advantageous and desirable to expand the jurisdiction of the board
created thereunder to cover the employees of the University of
California, Hastings College of the Law, and the California State
University. These institutions of higher education have their own
organizational characteristics.
(c) The people of the State of California have established a
system of higher education under the Constitution of the State of
California with the intention of providing an academic community with
full freedom of inquiry and insulation from political influence in
the administration thereof. In so doing, the people have caused to be
created the regents to govern the University of California, a board
of directors to govern Hastings College of the Law, an affiliate of
the University of California, and a board of trustees to govern the
California State University.
(d) The people and the aforementioned higher education employers
each have a fundamental interest in the preservation and promotion of
the responsibilities granted by the people of the State of
California. Harmonious relations between each higher education
employer and its employees are necessary to that endeavor.
(e) It is the purpose of this chapter to provide the means by
which relations between each higher education employer and its
employees may assure that the responsibilities and authorities
granted to the separate institutions under the Constitution and by
statute are carried out in an atmosphere which permits the fullest
participation by employees in the determination of conditions of
employment which affect them. It is the intent of this chapter to
accomplish this purpose by providing a uniform basis for recognizing
the right of the employees of these systems to full freedom of
association, self-organization, and designation of representatives of
their own choosing for the purpose of representation in their
employment relationships with their employers and to select one of
these organizations as their exclusive representative for the purpose
of meeting and conferring.
3561. (a) It is the further purpose of this chapter to provide
orderly and clearly defined procedures for meeting and conferring and
the resolution of impasses, and to define and prohibit certain
practices which are inimical to the public interest.
(b) The Legislature recognizes that joint decisionmaking and
consultation between administration and faculty or academic employees
is the long-accepted manner of governing institutions of higher
learning and is essential to the performance of the educational
missions of these institutions, and declares that it is the purpose
of this chapter to both preserve and encourage that process. Nothing
contained in this chapter shall be construed to restrict, limit, or
prohibit the full exercise of the functions of the faculty in any
shared governance mechanisms or practices, including the Academic
Senate of the University of California and the divisions thereof, the
Academic Senates of the California State University, and other
faculty councils, with respect to policies on academic and
professional matters affecting the California State University, the
University of California, or Hastings College of the Law. The
principle of peer review of appointment, promotion, retention, and
tenure for academic employees shall be preserved.
(c) It is the policy of the State of California to encourage the
pursuit of excellence in teaching, research, and learning through the
free exchange of ideas among the faculty, students, and staff of the
University of California, Hastings College of the Law, and the
California State University. All parties subject to this chapter
shall respect and endeavor to preserve academic freedom in the
University of California, Hastings College of the Law, and the
California State University.
3562. As used in this chapter:
(a) "Arbitration" means a method of resolving a rights dispute
under which the parties to a controversy must accept the award of a
third party.
(b) "Board" means the Public Employment Relations Board
established pursuant to Section 3513.
(c) "Certified organization" means an employee organization that
has been certified by the board as the exclusive representative of
the employees in an appropriate unit after a proceeding under Article
5 (commencing with Section 3573).
(d) "Confidential employee" means any employee who is required to
develop or present management positions with respect to meeting and
conferring or whose duties normally require access to confidential
information which contributes significantly to the development of
those management positions.
(e) "Employee" or "higher education employee" means any employee
of the Regents of the University of California, the Directors of the
Hastings College of the Law, or the Trustees of the California State
University. However, managerial and confidential employees and
employees whose principal place of employment is outside the State of
California at a worksite with 100 or fewer employees shall be
excluded from coverage under this chapter. The board may find student
employees whose employment is contingent on their status as students
are employees only if the services they provide are unrelated to
their educational objectives, or that those educational objectives
are subordinate to the services they perform and that coverage under
this chapter would further the purposes of this chapter.
(f) (1) "Employee organization" means any organization of any kind
in which higher education employees participate and that exists for
the purpose, in whole or in part, of dealing with higher education
employers concerning grievances, labor disputes, wages, hours, and
other terms and conditions of employment of employees. An
organization that represents one or more employees whose principal
worksite is located outside the State of California is an employee
organization only if it has filed with the board and with the
employer a statement agreeing, in consideration of obtaining the
benefits of status as an employee organization pursuant to this
chapter, to submit to the jurisdiction of the board. The board shall
promulgate the form of the statement.
(2) "Employee organization" shall also include any person that an
employee organization authorizes to act on its behalf. An academic
senate, or other similar academic bodies, or divisions thereof, shall
not be considered employee organizations for the purposes of this
chapter.
(g) "Employer" or "higher education employer" means the regents in
the case of the University of California, the directors in the case
of the Hastings College of the Law, and the trustees in the case of
the California State University, including any person acting as an
agent of an employer.
(h) "Employer representative" means any person or persons
authorized to act on behalf of the employer.
(i) "Exclusive representative" means any recognized or certified
employee organization or person it authorizes to act on its behalf.
(j) "Impasse" means that the parties have reached a point in
meeting and conferring at which their differences in positions are
such that further meetings would be futile.
(k) "Managerial employee" means any employee having significant
responsibilities for formulating or administering policies and
programs. No employee or group of employees shall be deemed to be
managerial employees solely because the employee or group of
employees participates in decisions with respect to courses,
curriculum, personnel, and other matters of educational policy. A
department chair or head of a similar academic unit or program who
performs the foregoing duties primarily on behalf of the members of
the academic unit or program shall not be deemed a managerial
employee solely because of those duties.
(l) "Mediation" means the efforts of a third person, or persons,
functioning as intermediaries, to assist the parties in reaching a
voluntary resolution to an impasse.
(m) "Meet and confer" means the performance of the mutual
obligation of the higher education employer and the exclusive
representative of its employees to meet at reasonable times and to
confer in good faith with respect to matters within the scope of
representation and to endeavor to reach agreement on matters within
the scope of representation. The process shall include adequate time
for the resolution of impasses. If agreement is reached between
representatives of the higher education employer and the exclusive
representative, they shall jointly prepare a written memorandum of
the understanding, which shall be presented to the higher education
employer for concurrence. However, these obligations shall not compel
either party to agree to any proposal or require the making of a
concession.
(n) "Person" means one or more individuals, organizations,
associations, corporations, boards, committees, commissions,
agencies, or their representatives.
(o) "Professional employee" means:
(1) Any employee engaged in work: (A) predominantly intellectual
and varied in character as opposed to routine mental, manual,
mechanical, or physical work; (B) involving the consistent exercise
of discretion and judgment in its performance; (C) of a character so
that the output produced or the result accomplished cannot be
standardized in relation to a given period of time; and (D) 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.
(2) Any employee who: (A) has completed the courses of specialized
intellectual instruction and study described in subparagraph (D) of
paragraph (1), and (B) is performing related work under the
supervision of a professional person to qualify himself or herself to
become a professional employee as defined in paragraph (1).
(p) "Recognized organization" means an employee organization that
has been recognized by an employer as the exclusive representative of
the employees in an appropriate unit pursuant to Article 5
(commencing with Section 3573).
(q) (1) For purposes of the University of California only, "scope
of representation" means, and is limited to, wages, hours of
employment, and other terms and conditions of employment. The scope
of representation shall not include any of the following:
(A) Consideration of the merits, necessity, or organization of any
service, activity, or program established by law or resolution of
the regents or the directors, except for the terms and conditions of
employment of employees who may be affected thereby.
(B) The amount of any fees that are not a term or condition of
employment.
(C) Admission requirements for students, conditions for the award
of certificates and degrees to students, and the content and
supervision of courses, curricula, and research programs, as those
terms are intended by the standing orders of the regents or the
directors.
(D) Procedures and policies to be used for the appointment,
promotion, and tenure of members of the academic senate, the
procedures to be used for the evaluation of the members of the
academic senate, and the procedures for processing grievances of
members of the academic senate. The exclusive representative of
members of the academic senate shall have the right to consult and be
consulted on matters excluded from the scope of representation
pursuant to this subparagraph. If the academic senate determines that
any matter in this subparagraph should be within the scope of
representation, or if any matter in this subparagraph is withdrawn
from the responsibility of the academic senate, the matter shall be
within the scope of representation.
(2) All matters not within the scope of representation are
reserved to the employer and may not be subject to meeting and
conferring, provided that nothing herein may be construed to limit
the right of the employer to consult with any employees or employee
organization on any matter outside the scope of representation.
(r) (1) For purposes of the California State University only,
"scope of representation" means, and is limited to, wages, hours of
employment, and other terms and conditions of employment. The scope
of representation shall not include:
(A) Consideration of the merits, necessity, or organization of any
service, activity, or program established by statute or regulations
adopted by the trustees, except for the terms and conditions of
employment of employees who may be affected thereby.
(B) The amount of any student fees that are not a term or
condition of employment.
(C) Admission requirements for students, conditions for the award
of certificates and degrees to students, and the content and conduct
of courses, curricula, and research programs.
(D) Criteria and standards to be used for the appointment,
promotion, evaluation, and tenure of academic employees, which shall
be the joint responsibility of the academic senate and the trustees.
The exclusive representative shall have the right to consult and be
consulted on matters excluded from the scope of representation
pursuant to this subparagraph. If the trustees withdraw any matter in
this subparagraph from the responsibility of the academic senate,
the matter shall be within the scope of representation.
(E) The amount of rental rates for housing charged to California
State University employees.
(2) All matters not within the scope of representation are
reserved to the employer, and may not be subject to meeting and
conferring, provided that nothing herein may be construed to limit
the right of the employer to consult with any employees or employee
organization on any matter outside the scope of representation.
3562.1. The California State University may meet and confer with
the employee organization selected as the exclusive representative of
appropriate units at the university on the establishment of flexible
benefit plans. Any agreement between the university and an employee
organization which requires the expenditure of funds for a flexible
benefit program is not subject to legislative approval if funds
otherwise appropriated to the California State University for
employee compensation are sufficient to finance the flexible benefit
plan.
3562.2. Notwithstanding subdivision (r) of Section 3562, for
purposes of the California State University only, "scope of
representation" also means any retirement benefits available to a
state member under Part 3 (commencing with Section 20000) of Title 2.
