reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12 - Higher Education Employer-Employee Relations › ARTICLE 11 - Miscellaneous › Section 3597.

3597. (a) Subject to provisions of subdivision (d), in all meeting and conferring between higher education employers and employee organizations representing student service or academic personnel, a student representative shall have the right to be notified in writing by the employer and the employee organizations of the issues under discussion. A student representative shall have the right to be present and comment at reasonable times during meeting and conferring between the employer and such employee organizations.
(b) The student representative shall be provided access to all documents exchanged between the parties pertaining to the meeting and conferring and shall have the right to have an aide present during all meetings; in the case of mediation of impasses, the student representative shall have an opportunity at reasonable times to comment to the mediator on impasse issues; and shall be free from coercion or reprisals in the exercise of his or her rights as set forth in this section.
(c) The student representative shall respect and maintain the rules governing confidentiality as they pertain to all parties involved in the meeting and conferring. Violations of this provision shall result in the termination of student involvement for the remainder of such meeting and conferring, and such other remedy, if any, deemed appropriate by the board.
(d) For purposes of this section, a student representative shall be designated by the official student body association, if any, of the higher education employer, or segment thereof, engaged in meeting and conferring. If no student body association exists, the students may elect and designate a representative for the purposes of this section.
(Added by Stats. 1978, Ch. 744.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12 - Higher Education Employer-Employee Relations › ARTICLE 11 - Miscellaneous › Section 3598.

3598. No memorandum of understanding shall contravene any federal or state law, including rules and regulations promulgated pursuant to such laws, prohibiting discrimination in employment.
(Added by Stats. 1978, Ch. 744.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12 - Higher Education Employer-Employee Relations › ARTICLE 11 - Miscellaneous › Section 3599.

3599. If any provision of this chapter or the application of such provision to any person or circumstance shall be held invalid, the remainder of this chapter, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
(Added by Stats. 1978, Ch. 744.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.50.

3599.50. This chapter shall be known, and may be cited, as the Legislature Employer-Employee Relations Act.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.51.

3599.51. The Legislature finds and declares that it is the purpose of this chapter to promote full communication between each employer and its employees by providing a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment between the employer 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 employer by providing a uniform basis for recognizing the right of its employees to join organizations of their own choosing and be represented by those organizations in their employment relations with their employer. It is further the purpose of this chapter, in order to foster peaceful employer-employee relations, to allow the 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.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.54.

3599.54. Any person who willfully resists, prevents, impedes, or interferes 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).
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.55.

3599.55. The initial determination as to whether charges of unfair practices are justified, and, if so, what remedy is necessary to effectuate the purposes of this chapter, is a matter within the exclusive jurisdiction of the board, except that, in an action to recover damages due to an unlawful strike, the board shall not award strike-preparation expenses as damages, and shall not award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. 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 or employee organization, or the employer, has the right to file an unfair practice charge, except that the board shall not do either of the following:
(1) Issue a complaint respecting a charge based upon an alleged unfair practice that occurred more than six months prior to the filing of the charge.
(2) Issue a complaint respecting 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 procedures would be futile, their exhaustion is not necessary. The board has discretionary jurisdiction to review a 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 the 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 paragraph (1) to have been tolled during the time it took the charging party to exhaust the grievance machinery.
(b) The board shall not enforce agreements between the parties or issue a complaint on any charge based on an alleged violation of an agreement that would not also constitute an unfair practice under this chapter.
(c) The board may 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 backpay, as will effectuate the policies of this chapter, except that the board shall not issue any decision or order that intrudes upon or interferes with the Legislature’s core function of efficient and effective lawmaking or the essential operation of the Legislature.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.56.

3599.56. Employees 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. Employees also have the right to refuse to join or participate in the activities of employee organizations, except that the parties are not precluded from agreeing to a maintenance of membership provision pursuant to a memorandum of understanding. In any event, employees have the right to represent themselves individually in their employment relations with the employer.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.57.

3599.57. Employee organizations have the right to represent their members in their employment relations with the employer, 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 employer. Employee organizations may establish reasonable restrictions regarding who may join and may make reasonable provisions for the dismissal of individuals from membership. This section does not prohibit any employee from appearing on the employee’s own behalf in the employee’s employment relations with the employer.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.58.

3599.58. All employee organizations 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 an employee organization is recognized as the exclusive representative for employees in an appropriate unit, and then any deductions as to any employee in the negotiating unit are not permissible except to the exclusive representative.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.59.

3599.59. (a) Once an employee organization is recognized as the exclusive representative of an appropriate unit, it may enter into an agreement with the employer providing for organizational security in the form of a maintenance of membership deduction.
(b) The employer shall furnish the recognized employee organization with sufficient employment data to allow the organization to calculate membership fees, and shall deduct the amount specified by the recognized employee organization from the salary or wages of every employee for the membership 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.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.60.

3599.60. (a) The scope of representation is limited to wages, hours, and other terms and conditions of employment, except that the scope of representation does not include consideration of the merits, necessity, or organization of any service or activity provided by law.
(b) In view of the powers and responsibilities vested in the Legislature pursuant to the California Constitution, decisions regarding the following matters shall not be included within the scope of representation:
(1) Any matter relating to the qualifications and elections of Members of the Legislature, or the holding of office of Members of the Legislature.
(2) Any matter relating to the Legislature or each house thereof choosing its officers, adopting rules for its proceedings, selecting committees necessary for the conduct of its business, considering and enacting legislation, or otherwise exercising the legislative power of this state.
(3) Any matter relating to legislative calendars, schedules, and deadlines of the Legislature.
(4) Laws, rules, policies, or procedures regarding ethics or conflicts of interest.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.61.

3599.61. (a) Except in cases of emergency as provided in subdivision (b), the employer shall give reasonable written notice to each recognized employee organization affected by any policy or procedure 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 employer.
(b) In cases of emergency when the employer determines that a policy or procedure must be adopted immediately without prior notice or meeting with a recognized employee organization, the employer shall provide notice and opportunity to meet and confer in good faith at the earliest practical time following the adoption of the policy or procedure.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.62.

3599.62. (a) The employer 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. For purposes of this section, the term “meet and confer in good faith” means that the employer and representatives of recognized employee organizations have the mutual obligation to personally meet and confer promptly upon request by either party and continue to meet and confer 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.
(b) The employer shall freely provide to representatives of recognized employee organizations nonconfidential information that is necessary and relevant to their scope of representation. However, this chapter does not require the employer to provide confidential information to representatives of recognized employee organizations. For purposes of this subdivision, “confidential information” means any information contained in records that are exempt from public disclosure under federal or state law. “Confidential information” does not include the name, job title, office, workplace location, work telephone number and email address, and home or personal telephone number and email address, if on file with the employer, for employees in the bargaining unit of the recognized employee organization.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.63.

3599.63. If an agreement is reached between the employer and the recognized employee organization, the parties shall jointly prepare a written memorandum of understanding reflecting the terms of the agreement, which shall be presented, when appropriate, to the employer for adoption as a resolution.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.64.

3599.64. A side letter, appendix, or other addendum to a properly ratified memorandum of understanding shall be expressly identified by the parties if that side letter, appendix, or other addendum is to be incorporated in a subsequent memorandum of understanding submitted to the employer for adoption as a resolution.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.65.

3599.65. If the employer does not fully fund any provision of the memorandum of understanding that requires the expenditure of funds, either party may reopen negotiations on all or part of the memorandum of understanding. The parties are not precluded from agreeing to and effecting those provisions of the memorandum of understanding that do not require legislative adoption of a resolution.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.66.

3599.66. (a) If a memorandum of understanding has expired, and the employer 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 provisions that supersede existing law, arbitration provisions, no-strike provisions, and agreements regarding matters covered in the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.).
(b) If the employer and the recognized employee organization reach an impasse in negotiations for a new memorandum of understanding, the employer may implement any or all of its last, best, and final offer through adoption of a resolution. 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 result in a waiver of rights that the recognized employee organization has under this chapter.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.67.

3599.67. If, after a reasonable period of time, the employer and the recognized employee organization fail to reach an agreement, the employer 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, the costs of mediation shall be divided one-half to the employer and one-half to the recognized employee organization. If the board appoints the mediator, the costs of mediation shall be paid by the board.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.68.

3599.68. 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 the employer on matters within the scope of representation. This section applies only to employees, as defined by Section 3599.52, and only for periods when a memorandum of understanding is not in effect.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.69.

3599.69. It is unlawful for the employer to do any of the following:
(a) Impose or threaten to impose reprisals on employees, discriminate or threaten to discriminate against employees, or otherwise 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 3599.67.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.70.

3599.70. It is unlawful for an employee organization to do any of the following:
(a) Cause or attempt to cause the employer to violate Section 3599.69.
(b) Impose or threaten to impose reprisals on employees, discriminate or threaten to discriminate against employees, or otherwise 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 the Legislature in relation to the employees for whom it is the recognized employee organization.
(d) Refuse to participate in good faith in the mediation procedure set forth in Section 3599.67.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.71.

3599.71. (a) Judicial review of a unit determination is allowed only under either of the following circumstances:
(1) When the board, in response to a petition from the employer or an employee organization, agrees that the case is one of special importance and joins in the request for review.
(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.
(b) Upon receipt of a board order joining in a request for judicial review, a party to the case may petition for a writ of extraordinary relief from the unit determination decision or order.
(c) 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 the decision or order.
(d) The 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 the 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 the time is extended by the court for good cause shown. The court has jurisdiction to grant to the board any 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, are conclusive. The provisions of Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure relating to writs, except where specifically superseded herein, apply to proceedings pursuant to this section.
(e) 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 a 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 the order by writ of mandamus. The court shall not review the merits of the order.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.72.

3599.72. (a) The employer shall grant exclusive recognition to employee organizations designated or selected pursuant to rules established by the board for employees or an appropriate unit thereof, subject to the right of an employee to self-represent.
(b) The board shall establish reasonable procedures for petitions and for holding elections and determining appropriate units pursuant to subdivision (a).
(c) The board, as it determines appropriate bargaining units, shall not include employees in a bargaining unit that includes employees other than those of the employer. The board shall not include within a bargaining unit employees from both the Assembly and Senate. The board shall not separate employees into bargaining units solely based on political affiliation.
(d) The board shall 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.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.73.

3599.73. The employer shall adopt reasonable rules for all of the following:
(a) Registering employee organizations, as defined by subdivision (c) of Section 3599.52.
(b) Determining the status of organizations as employee organizations.
(c) Identifying the officers and representatives who officially represent employee organizations.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.74.

3599.74. Notwithstanding any other law, if a decision by an administrative law judge regarding the recognition or certification of an employee organization is appealed, the decision is the final order of the board if the board does not issue a ruling that supersedes the decision on or before 180 days after the appeal is filed.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.75.

3599.75. (a) In determining an appropriate unit, the board is 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 seeks or agrees to an election in the 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, all of the following:
(A) The extent to which they perform functionally related services or work toward established common goals.
(B) The history of employee representation in state government and in similar employment.
(C) The extent to which the employees have common skills, working conditions, job duties, or similar educational or training requirements.
(2) The effect that the projected unit will have on the meet and confer relationships, emphasizing the availability and authority of the employer’s 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 employer, 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 the employer 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 employees.
(c) Political affiliation shall not constitute a community of interest for purposes of determining an appropriate unit.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.76.

3599.76. (a) (1) All initial meet and confer proposals of recognized employee organizations shall be presented to the employer at a public meeting, and those proposals thereafter are a public record.
(2) All initial meet and confer proposals or counterproposals of the employer shall be presented to the recognized employee organization at a public meeting, and those proposals or counterproposals thereafter are a public record.
(b) Except in cases of emergency as provided in subdivision (d), meeting and conferring shall not 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 an open meeting, hear public comment on all matters related to the meet and confer proposals.
(c) Forty-eight hours after any proposal that includes any substantive subject that has not first been presented in proposals for public reaction pursuant to this section is offered during any meeting and conferring session, the proposal and the position, if any, taken by the representatives of the employer are a public record.
(d) Subdivision (b) does not apply when the employer determines that, due to an act of God, natural disaster, or other emergency or calamity affecting the state, and that is beyond the control of the employer or recognized employee organization, it must meet and confer and take action upon a proposal immediately and without sufficient time for the public to become informed and to publicly express itself. In those cases, the results of the meeting and conferring shall be made public as soon as reasonably possible.
(e) This section does not affect the authority of each house of the Legislature and the committees thereof to hold closed meetings pursuant to paragraphs (3) and (4) of subdivision (c) of Section 7 of Article IV of the California Constitution and Article 2.2 (commencing with Section 9027) of Chapter 1.5 of Part 1 of Division 2 of Title 2.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.77.

3599.77. This chapter does not apply Section 923 of the Labor Code to employees.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.78.

3599.78. This chapter does not modify or eliminate any existing wages, hours, or terms and conditions of employment for employees. All existing wages, hours, and terms and conditions of employment for employees shall remain in effect unless and until changed in accordance with the employer’s procedures or pursuant to a memorandum of understanding or agreement between the employer and a recognized employee organization.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.79.

3599.79. If any provision of this chapter, or the application thereof to any person or circumstances, is held invalid, the invalidity shall not affect any other provision or application of this chapter that can be given effect without the invalid provision or application and, to this end, the provisions of this chapter are severable.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.80.

3599.80. Expenses incurred by the employer in relation to a properly ratified memorandum of understanding pursuant to this chapter are subject to Section 7.5 of Article IV of the California Constitution.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.81.

3599.81. Notwithstanding any other law, the expression of any views, arguments, or opinions, or the dissemination thereof in any form, by a Member of the Legislature or an employee, including any employee specified in subparagraphs (B) to (E), inclusive, of paragraph (1) of subdivision (b) of Section 3599.52, related to this chapter or to matters within the scope of representation, shall not constitute, or be evidence of, an unfair labor practice, unless the employer authorized the individual to express that view, argument, or opinion on behalf of, or authorized the individual to represent, the employer as an employer.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.82.

3599.82. Notwithstanding Article 3.5 (commencing with Section 9070) of Chapter 1.5 of Part 1 of Division 2 of Title 2, or any other law, the employer is not required to disclose legislative records related to activities governed by this chapter, that reveal the employer’s deliberative processes, impressions, evaluations, opinions, recommendations, meeting minutes, research, work product, theories, or strategy, or that provide instruction, advice, or training to employees who do not have full collective bargaining and representation rights under this chapter.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.83.

3599.83. Employees of the Legislature are exempt from civil service under the California Constitution. A memorandum of understanding entered into between an employer and a recognized employee organization shall not prohibit the employer from separating an employee if the Member of the Legislature to whom the employee is assigned is not reelected, resigns, or otherwise departs from the employer. The employer shall provide a transition period for an employee if the Member of the Legislature to whom the employee is assigned is not reelected, resigns, or otherwise departs from the employer. The terms of the transition period, which may include, but are not limited to, length of time or opportunities to apply for vacancies with the employer, are within the scope of representation and are subject to collective bargaining.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024. Operative July 1, 2026, pursuant to Sec. 3599.84.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12.5 - Legislature Employer-Employee Relations › Section 3599.84.

3599.84. This chapter shall become operative on July 1, 2026.
(Added by Stats. 2023, Ch. 313, Sec. 1. (AB 1) Effective January 1, 2024.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4.5 - Mediation and Conciliation Service › CHAPTER 1 - General Provisions › Section 3600.

3600. There is within the Public Employment Relations Board a division known as the California State Mediation and Conciliation Service, which shall conduct the services provided pursuant to Section 3601 and carryout the functions vested by any other statute in the California State Mediation and Conciliation Service, the State Mediation and Conciliation Service, the State Conciliation Service, or the Division of Conciliation of the Department of Industrial Relations.
(Added by Stats. 2012, Ch. 46, Sec. 11. (SB 1038) Effective June 27, 2012.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4.5 - Mediation and Conciliation Service › CHAPTER 1 - General Provisions › Section 3601.

3601. The board may investigate and mediate labor disputes providing any bona fide party to this type of dispute requests intervention by the board and the board may proffer its services to both parties when work stoppage is threatened and neither party requests intervention. In the interest of preventing labor disputes, the board shall endeavor to promote sound union-employer relationships. The board may arbitrate or arrange for the selection of boards of arbitration on those terms that as all of the bona fide parties to the dispute may agree upon. Any decision or award arising out of an arbitration conducted pursuant to this section is a public record. Section 703.5 and Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code apply to a mediation conducted by the California State Mediation and Conciliation Service, and any person conducting the mediation. All other records of the California State Mediation and Conciliation Service relating to labor disputes are confidential.
(Added by Stats. 2012, Ch. 46, Sec. 11. (SB 1038) Effective June 27, 2012.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4.5 - Mediation and Conciliation Service › CHAPTER 1 - General Provisions › Section 3602.

3602. Notwithstanding any other law, the board may seek and collect reimbursement from private and public sector employers, labor unions, and employee organizations for election, arbitration, training, and facilitation services provided by the California State Mediation and Conciliation Service pursuant to Section 3601 and for representation services, including the provision of hearing officers, related to public transit labor relations provided by the California State Mediation and Conciliation Service pursuant to the Public Utilities Code.
(Added by Stats. 2012, Ch. 46, Sec. 11. (SB 1038) Effective June 27, 2012.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4.5 - Mediation and Conciliation Service › CHAPTER 3 - Public Transportation Labor Disputes › Section 3610.

3610. The definitions set forth in this section shall govern the construction and meaning of the terms used in this chapter:
(a) “Local agency” means any city, county, special district, or other public entity in the state. It includes a charter city or a charter county.
(b) “Public transit employee” means an employee of any transit district of the state, an employee of the Golden Gate Bridge, Highway and Transportation District, and an employee of any local agency who is employed to work for transit service provided by that agency.
(Added by Stats. 2012, Ch. 46, Sec. 11. (SB 1038) Effective June 27, 2012.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4.5 - Mediation and Conciliation Service › CHAPTER 3 - Public Transportation Labor Disputes › Section 3611.

3611. Notwithstanding any other law, the following provisions shall govern disputes between exclusive bargaining representatives of public transit employees and local agencies:
(a) The disputes shall not be subject to any fact-finding procedure otherwise provided by law.
(b) Each party shall exchange contract proposals not less than 90 days before the expiration of a contract, and shall be in formal collective bargaining not less than 60 days before that expiration.
(c) Each party shall supply to the other party all reasonable data as requested by the other party.
(d) At the request of either party to a dispute, a conciliator from the California State Mediation and Conciliation Service shall be assigned to mediate the dispute and shall have access to all formal negotiations.
The provisions of this section shall not apply to any local agency subject to the provisions of Chapter 10 (commencing with Section 3500) of Division 4.
(Added by Stats. 2012, Ch. 46, Sec. 11. (SB 1038) Effective June 27, 2012.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4.5 - Mediation and Conciliation Service › CHAPTER 3 - Public Transportation Labor Disputes › Section 3612.

3612. (a) Whenever in the opinion of the Governor, a threatened or actual strike or lockout will, if permitted to occur or continue, significantly disrupt public transportation services and endanger the public’s health, safety, or welfare, and upon the request of either party to the dispute, the Governor may appoint a board to investigate the issues involved in the dispute and to make a written report to him or her within seven days. The report shall include a statement of the facts with respect to the dispute, including the respective positions of the parties, but shall not contain recommendations. The report shall be made available to the public.
(b) Any strike or lockout during the period of investigation of the board appointed pursuant to this section is prohibited.
(Added by Stats. 2012, Ch. 46, Sec. 11. (SB 1038) Effective June 27, 2012.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4.5 - Mediation and Conciliation Service › CHAPTER 3 - Public Transportation Labor Disputes › Section 3613.

3613. The board of investigation shall be composed of no more than five members, one of whom shall be designated by the Governor as chairperson. Members of the board shall receive one hundred dollars ($100) for each day actually spent by them in the work of the board and shall receive their actual and necessary expenses incurred in the performance of their duties.
The board may hold public hearings to ascertain the facts with respect to the causes and circumstances of the dispute. For the purpose of any hearing or investigation, the board may summon and subpoena witnesses, require the production of papers, books, accounts, reports, documents, records, and papers of any kind and description, to issue subpoenas, and to take all necessary means to compel the attendance of witnesses and procure testimony.
(Added by Stats. 2012, Ch. 46, Sec. 11. (SB 1038) Effective June 27, 2012.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4.5 - Mediation and Conciliation Service › CHAPTER 3 - Public Transportation Labor Disputes › Section 3614.

3614. Upon receiving a report from a board of investigation, the Governor may request the Attorney General to, and he or she shall, petition any court of competent jurisdiction to enjoin the strike or lockout or the continuing thereof, for a period of 60 days. The court shall issue an order enjoining the strike or lockout, or the continuation thereof, if the court finds that the threatened or actual strike or lockout, if permitted to occur or continue, will significantly disrupt public transportation services and endanger the public’s health, safety, or welfare.
(Added by Stats. 2012, Ch. 46, Sec. 11. (SB 1038) Effective June 27, 2012.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4.5 - Mediation and Conciliation Service › CHAPTER 3 - Public Transportation Labor Disputes › Section 3615.

3615. If the charter or establishing legislation of the local agency establishes a time period for the negotiating or meeting and conferring process which is shorter than 60 days, the provisions of this chapter shall not be applicable to any disputes which may arise between the exclusive bargaining representative of public transit employees and the local agency.
(Added by Stats. 2012, Ch. 46, Sec. 11. (SB 1038) Effective June 27, 2012.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4.5 - Mediation and Conciliation Service › CHAPTER 3 - Public Transportation Labor Disputes › Section 3616.

3616. Except as expressly provided by subdivision (b) of Section 3612 and Section 3614, nothing in this chapter shall be construed to grant or deprive employees of a right to strike.
(Added by Stats. 2012, Ch. 46, Sec. 11. (SB 1038) Effective June 27, 2012.)