reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.5 - Excluded Employees Bill of Rights › Section 3530.

3530. Excluded employee organizations shall have the right to represent their excluded members in their employment relations, including grievances, with the State of California. Excluded employee organizations may establish reasonable restrictions regarding who may join and may make reasonable provisions for the dismissal of excluded employees from membership. This section shall not prohibit any excluded employee from appearing on his or her own behalf or through his or her chosen representative in his or her employment relations and grievances with the State of California.
(Repealed and added by Stats. 1990, Ch. 1522, Sec. 17.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.5 - Excluded Employees Bill of Rights › Section 3531.

3531. Supervisory employees shall have the right to form, join, and participate in the activities of supervisory employee organizations of their own choosing for the purpose of representation on all matters of supervisory employer-employee relations, as set forth in Section 3532. Supervisory employees also shall have the right to refuse to join or participate in the activities of supervisory employee organizations and shall have the right to represent themselves individually in their employment relations with the public employer.
(Repealed and added by Stats. 1990, Ch. 1522, Sec. 17.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.5 - Excluded Employees Bill of Rights › Section 3532.

3532. The scope of representation for supervisory employees shall include all matters relating to employment conditions and supervisory employer-employee relations including wages, hours, and other terms and conditions of employment.
(Repealed and added by Stats. 1990, Ch. 1522, Sec. 17.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.5 - Excluded Employees Bill of Rights › Section 3533.

3533. Upon request, the state shall meet and confer with verified supervisory organizations representing supervisory employees on matters within the scope of representation. Prior to arriving at a determination of policy or course of action directly impacting supervisory employees, the state employer shall provide reasonable advance notice and provide the verified supervisory employee organizations an opportunity to meet and confer with the state employer to discuss alternative means of achieving objectives. Advance notice may be written, oral, or electronic. “Meet and confer” shall mean that the state employer shall consider as fully as it deems reasonable, such presentations as are made by the verified supervisory employee organization on behalf of its supervisory members prior to arriving at a determination of policy or course of action. The final determination of policy or course of action shall be the sole responsibility of the state employer.
When the state employer determines that, due to an emergency or other immediate operational necessity, a law, rule, resolution, or regulation must be adopted immediately without prior notice or meeting and conferring with excluded employee organizations, the state employer shall provide notice and opportunity to meet and confer at the earliest practical time following the adoption of the law, rule, resolution, or regulation.
(Amended by Stats. 2004, Ch. 654, Sec. 2. Effective January 1, 2005.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.5 - Excluded Employees Bill of Rights › Section 3534.

3534. The state employer shall allow a reasonable number of supervisory public employee representatives of verified supervisory employee organizations reasonable time off without loss of compensation or other benefits when meeting and conferring with representatives of the state employer on matters within the scope of representation for supervisory employees.
(Repealed and added by Stats. 1990, Ch. 1522, Sec. 17.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.5 - Excluded Employees Bill of Rights › Section 3535.

3535. The Department of Human Resources may adopt rules and regulations for the administration of excluded employer-employee relations, including supervisory employer-employee relations, under these provisions. Such rules and regulations may include provisions for:
(a) Verifying that an excluded employee organization does in fact represent excluded employees.
(b) Verifying the official status of excluded employee organization officers and representatives.
(c) Access of excluded employee organization officers and representatives to work locations.
(d) Use of official bulletin boards and other means of communication by excluded employee organizations.
(e) Furnishing nonconfidential information pertaining to excluded employee relations to excluded employee organizations.
(f) Any other matters as are necessary to carry out the purposes of this chapter.
(Amended by Stats. 2012, Ch. 665, Sec. 36. (SB 1308) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.5 - Excluded Employees Bill of Rights › Section 3536.

3536. The state may adopt reasonable rules and regulations providing for designation of the management and confidential employees of the state and restricting these employees from representing any employee organization, which represents other employees of the state, on matters within the scope of representation. Except as specifically provided otherwise in this chapter, this section does not otherwise limit the right of excluded employees to be members of and to hold office in an excluded employee organization.
(Repealed and added by Stats. 1990, Ch. 1522, Sec. 17.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.5 - Excluded Employees Bill of Rights › Section 3537.

3537. Every excluded employee organization shall submit an annual registration statement on or before July 1 of each calendar year to the Department of Human Resources. The registration statement shall, at a minimum, list the name of the organization, its affiliations, headquarters, and other business addresses, its principal business telephone number, a list of principal officers and representatives, and a copy of its organization bylaws.
(Amended by Stats. 2012, Ch. 665, Sec. 37. (SB 1308) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.5 - Excluded Employees Bill of Rights › Section 3538.

3538. The state employer and excluded employee organizations shall not interfere with, intimidate, restrain, coerce, or discriminate against supervisory employees because of their exercise of their rights under this article.
(Added by Stats. 1990, Ch. 1522, Sec. 17.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.5 - Excluded Employees Bill of Rights › Section 3539.

3539. The enactment of this chapter shall not make Section 923 of the Labor Code applicable to state employees.
(Added by Stats. 1990, Ch. 1522, Sec. 17.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.5 - Excluded Employees Bill of Rights › Section 3539.5.

3539.5. (a) The Department of Human Resources may adopt or amend regulations to implement employee benefits for those state officers and employees excluded from, or not otherwise subject to, the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512)).
(b) These regulations shall not be subject to the review and approval of the Office of Administrative Law pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). These regulations shall become effective immediately upon filing with the Secretary of State.
(Amended by Stats. 2012, Ch. 665, Sec. 38. (SB 1308) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.5 - Excluded Employees Bill of Rights › Section 3539.6.

3539.6. Notwithstanding any other law, an employee excluded from the definition of “state employee” in subdivision (c) of Section 3513 or a nonelected officer of the executive branch exempt from civil service eligible for managerial benefits, who elects to participate in the annual leave program and who is eligible to receive Nonindustrial Disability Insurance benefits pursuant to Section 19879.1, shall also be eligible for Nonindustrial Disability Insurance Family Care Leave under that section.
(Added by Stats. 2019, Ch. 24, Sec. 1. (SB 83) Effective June 27, 2019.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.7 - Meeting and Negotiating in Public Educational Employment › ARTICLE 1 - General Provisions › Section 3540.

3540. It is the purpose of this chapter to promote the improvement of personnel management and employer-employee relations within the public school systems in the State of California by providing a uniform basis for recognizing the right of public school employees to join organizations of their own choice, to be represented by the organizations in their professional and employment relationships with public school employers, to select one employee organization as the exclusive representative of the employees in an appropriate unit, and to afford certificated employees a voice in the formulation of educational policy. This chapter shall not supersede other provisions of the Education Code and the rules and regulations of public school employers which establish and regulate tenure or a merit or civil service system or which provide for other methods of administering employer-employee relations, so long as the rules and regulations or other methods of the public school employer do not conflict with lawful collective agreements.
It is the further intention of the Legislature that this chapter shall not restrict, limit, or prohibit the full exercise of the functions of any academic senate or faculty council established by a school district in a community college to represent the faculty in making recommendations to the administration and governing board of the school district with respect to district policies on academic and professional matters, so long as the exercise of the functions does not conflict with lawful collective agreements.
It is the further intention of the Legislature that any legislation enacted by the Legislature governing employer-employee relations of other public employees shall be incorporated into this chapter to the extent possible. The Legislature also finds and declares that it is an advantageous and desirable state policy to expand the jurisdiction of the board created pursuant to this chapter to cover other public employers and their employees, in the event that this legislation is enacted, and if this policy is carried out, the name of the Educational Employment Relations Board shall be changed to the “Public Employment Relations Board.”
(Amended by Stats. 1988, Ch. 160, Sec. 51.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.7 - Meeting and Negotiating in Public Educational Employment › ARTICLE 1 - General Provisions › Section 3540.2.

3540.2. (a) A school district that has a qualified or negative certification pursuant to Section 42131 of the Education Code shall allow the county office of education in which the school district is located at least 10 working days to review and comment on any proposed agreement made between the exclusive representative and the public school employer, or designated representatives of the employer, pursuant to this chapter. The school district shall provide the county superintendent of schools with all information relevant to yield an understanding of the financial impact of that agreement.
(b) The Superintendent shall develop a format for use by the appropriate parties in generating the financial information required pursuant to subdivision (a).
(c) The county superintendent of schools shall notify the school district, the county board of education, the district superintendent, the governing board of the school district, and each parent and teacher organization of the district within those 10 days if, in his or her opinion, the agreement reviewed pursuant to subdivision (a) would endanger the fiscal well-being of the school district.
(d) A school district shall provide the county superintendent of schools, upon request, with all information relevant to provide an understanding of the financial impact of any final collective bargaining agreement reached pursuant to Section 3543.2.
(e) A county office of education, or a school district for which the county board of education serves as the governing board, that has a qualified or negative certification pursuant to Section 1240 of the Education Code shall allow the Superintendent at least 10 working days to review and comment on any proposed agreement or contract made between the exclusive representative and the public school employer, or designated representatives of the employer, pursuant to this chapter. The county superintendent of schools shall provide the Superintendent with all information relevant to yield an understanding of the financial impact of that agreement or contract. The Superintendent shall notify the county superintendent of schools, and the county board of education within those 10 days if, in his or her opinion, the proposed agreement or contract would endanger the fiscal well-being of the county office.
(Amended by Stats. 2004, Ch. 52, Sec. 16. Effective June 21, 2004.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.7 - Meeting and Negotiating in Public Educational Employment › ARTICLE 2 - Administration › Section 3541.35.

3541.35. Notwithstanding any other law, if a decision by an administrative law judge regarding the recognition or certification of an employee organization as described in subdivision (l) of Section 3541.3 is appealed, the decision shall be deemed 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. 2011, Ch. 242, Sec. 3. (SB 609) Effective January 1, 2012.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.7 - Meeting and Negotiating in Public Educational Employment › ARTICLE 2 - Administration › Section 3541.4.

3541.4. Any person who shall willfully resist, prevent, impede or interfere with any member of the board, or any of its agents, in the performance of duties pursuant to this chapter, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of not more than one thousand dollars ($1,000).
(Added by Stats. 1975, Ch. 961.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.7 - Meeting and Negotiating in Public Educational Employment › ARTICLE 2 - Administration › Section 3541.5.

3541.5. The initial determination as to whether the charges of unfair practices are justified, and, if so, what remedy is necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the board. Procedures for investigating, hearing, and deciding these cases shall be devised and promulgated by the board and shall include all of the following:
(a) Any employee, employee organization, or employer shall have the right to file an unfair practice charge, except that the board shall not do either of the following:
(1) Issue a complaint in respect of any charge based upon an alleged unfair practice occurring more than six months prior to the filing of the charge.
(2) Issue a complaint against conduct also prohibited by the provisions of the agreement between the parties until the grievance machinery of the agreement, if it exists and covers the matter at issue, has been exhausted, either by settlement or binding arbitration. However, when the charging party demonstrates that resort to contract grievance procedure would be futile, exhaustion shall not be necessary. The board shall have discretionary jurisdiction to review the 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 this subdivision to have been tolled during the time it took the charging party to exhaust the grievance machinery.
(b) The board shall not have the authority to enforce agreements between the parties, and shall not issue a complaint on any charge based on alleged violation of any agreement that would not also constitute an unfair practice under this chapter.
(c) The board shall have the power to issue a decision and order directing an offending party to cease and desist from the unfair practice and to take such affirmative action, including but not limited to the reinstatement of employees with or without back pay, as will effectuate the policies of this chapter.
(Amended by Stats. 1986, Ch. 248, Sec. 48.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.7 - Meeting and Negotiating in Public Educational Employment › ARTICLE 4 - Rights, Obligations, Prohibitions, and Unfair Practices › Section 3543.

3543. (a) Public school employees shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Public school employees shall have the right to represent themselves individually in their employment relations with the public school employer, except that once the employees in an appropriate unit have selected an exclusive representative and it has been recognized pursuant to Section 3544.1 or certified pursuant to Section 3544.7, an employee in that unit shall not meet and negotiate with the public school employer. If the exclusive representative of a unit provides notification, as specified by subdivision (a) of Section 3546, public school employees who are in a unit for which an exclusive representative has been selected, shall be required, as a condition of continued employment, to join the recognized employee organization or to pay the organization a fair share services fee, as required by Section 3546. If a majority of the members of a bargaining unit rescind that arrangement, either of the following options shall be applicable:
(1) The recognized employee organization may petition for the reinstatement of the arrangement described in subdivision (a) of Section 3546 pursuant to the procedures in paragraph (2) of subdivision (d) of Section 3546.
(2) The employees may negotiate either of the two forms of organizational security described in subdivision (i) of Section 3540.1.
(b) An employee may at any time present grievances to his or her employer, and have those grievances adjusted, without the intervention of the exclusive representative, as long as the adjustment is reached prior to arbitration pursuant to Sections 3548.5, 3548.6, 3548.7, and 3548.8 and the adjustment is not inconsistent with the terms of a written agreement then in effect, provided that the public school employer shall not agree to a resolution of the grievance until the exclusive representative has received a copy of the grievance and the proposed resolution and has been given the opportunity to file a response.
(Amended by Stats. 2008, Ch. 179, Sec. 83. Effective January 1, 2009.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.7 - Meeting and Negotiating in Public Educational Employment › ARTICLE 4 - Rights, Obligations, Prohibitions, and Unfair Practices › Section 3543.1.

3543.1. (a) Employee organizations shall have the right to represent their members in their employment relations with public school employers, except that once an employee organization is recognized or certified as the exclusive representative of an appropriate unit pursuant to Section 3544.1 or 3544.7, respectively, only that employee organization may represent that unit in their employment relations with the public school employer. Employee organizations may establish reasonable restrictions regarding who may join and may make reasonable provisions for the dismissal of individuals from membership.
(b) Employee organizations shall have the right of access at reasonable times to areas in which employees work, the right to use institutional bulletin boards, mailboxes, and other means of communication, subject to reasonable regulation, and the right to use institutional facilities at reasonable times for the purpose of meetings concerned with the exercise of the rights guaranteed by this chapter.
(c) A reasonable number of representatives of an exclusive representative shall have the right to receive reasonable periods of released time without loss of compensation when meeting and negotiating and for the processing of grievances.
(d) All employee organizations shall have the right to have membership dues deducted pursuant to Sections 45060 and 45168 of the Education Code, until an employee organization is recognized as the exclusive representative for any of the employees in an appropriate unit, and then the deduction as to any employee in the negotiating unit shall not be permissible except to the exclusive representative.
(Amended by Stats. 2006, Ch. 538, Sec. 228. Effective January 1, 2007.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.7 - Meeting and Negotiating in Public Educational Employment › ARTICLE 4 - Rights, Obligations, Prohibitions, and Unfair Practices › Section 3543.3.

3543.3. A public school employer or such representatives as it may designate who may, but need not be, subject to either certification requirements or requirements for classified employees set forth in the Education Code, shall meet and negotiate with and only with representatives of employee organizations selected as exclusive representatives of appropriate units upon request with regard to matters within the scope of representation.
(Added by Stats. 1975, Ch. 961.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.7 - Meeting and Negotiating in Public Educational Employment › ARTICLE 4 - Rights, Obligations, Prohibitions, and Unfair Practices › Section 3543.4.

3543.4. A person serving in a management position, senior management position, or a confidential position may not be represented by an exclusive representative. Any person serving in such a position may represent himself or herself individually or by an employee organization whose membership is composed entirely of employees designated as holding those positions, in his or her employment relationship with the public school employer, but, in no case, shall such an organization meet and negotiate with the public school employer. A representative may not be permitted by a public school employer to meet and negotiate on any benefit or compensation paid to persons serving in a management position, senior management position, or a confidential position.
(Amended by Stats. 2001, Ch. 159, Sec. 102. Effective January 1, 2002.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.7 - Meeting and Negotiating in Public Educational Employment › ARTICLE 4 - Rights, Obligations, Prohibitions, and Unfair Practices › Section 3543.5.

3543.5. It is unlawful for a public school employer to do any of the following:
(a) Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by this chapter. For purposes of this subdivision, “employee” includes an applicant for employment or reemployment.
(b) Deny to employee organizations rights guaranteed to them by this chapter.
(c) Refuse or fail to meet and negotiate in good faith with an exclusive representative. Knowingly providing an exclusive representative with inaccurate information, whether or not in response to a request for information, regarding the financial resources of the public school employer constitutes a refusal or failure to meet and negotiate in good faith.
(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 impasse procedure set forth in Article 9 (commencing with Section 3548).
(Amended by Stats. 2003, Ch. 276, Sec. 1. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.7 - Meeting and Negotiating in Public Educational Employment › ARTICLE 4 - Rights, Obligations, Prohibitions, and Unfair Practices › Section 3543.6.

3543.6. It shall be unlawful for an employee organization to:
(a) Cause or attempt to cause a public school employer to violate Section 3543. 5.
(b) Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by this chapter.
(c) Refuse or fail to meet and negotiate in good faith with a public school employer of any of the employees of which it is the exclusive representative.
(d) Refuse to participate in good faith in the impasse procedure set forth in Article 9 (commencing with Section 3548).
(Added by Stats. 1975, Ch. 961.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.7 - Meeting and Negotiating in Public Educational Employment › ARTICLE 4 - Rights, Obligations, Prohibitions, and Unfair Practices › Section 3543.7.

3543.7. The duty to meet and negotiate in good faith requires the parties to begin negotiations prior to the adoption of the final budget for the ensuing year sufficiently in advance of such adoption date so that there is adequate time for agreement to be reached, or for the resolution of an impasse.
(Added by Stats. 1975, Ch. 961.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.7 - Meeting and Negotiating in Public Educational Employment › ARTICLE 4 - Rights, Obligations, Prohibitions, and Unfair Practices › Section 3543.8.

3543.8. (a) Any employee organization shall have standing to sue in any action or proceeding heretofore or hereafter instituted by it as representative and on behalf of one or more of its members.
(b) (1) At any time not less than 10 days before commencement of a hearing to resolve a dispute alleging that the employer failed to provide wages, benefits, or working conditions required by state law, an employee organization may serve an offer in writing upon the employer to settle the dispute for a specified amount or other consideration such as a change in employer policy. The written offer shall include a statement of the offer amount or other consideration, the terms and conditions by which that amount or other consideration shall be tendered to the employee, and a provision that allows the employer to indicate acceptance of the offer by signing a statement that the offer is accepted. An acceptance of the offer, whether made on the document containing the offer or on a separate document of acceptance, shall be in writing and shall be signed by counsel for the employer, or, if not represented by counsel, by the employer.
(2) If the offer is accepted, receipt of the specified amount or other consideration shall constitute a full satisfaction of the claim.
(3) If the offer is not accepted before the hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given in evidence in the action.
(4) For purposes of this subdivision, a hearing shall be deemed to be actually commenced at the beginning of the oral argument or opening statement of the plaintiff or counsel, or, if there is no opening statement, at the time of the administering of the oath or affirmation to the first witness, or the introduction of any evidence.
(5) (A) If an offer made by an employee organization is not accepted and the employer fails to obtain a more favorable judgment or award from the action or proceeding, the employer shall pay the reasonable postoffer attorney’s fees and expenses of the employee organization.
(B) Subparagraph (A) shall not apply if the adjudicator to the action or proceeding finds that the employer has raised substantial and credible issues involving complex or significant questions of law or fact relative to the employee’s claim or claims.
(6) This subdivision does not apply to unfair practice or arbitration proceedings under this chapter.
(Amended by Stats. 2017, Ch. 812, Sec. 1. (SB 550) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.7 - Meeting and Negotiating in Public Educational Employment › ARTICLE 5 - Employee Organizations: Representation, Recognition, Certification, and Decertification › Section 3544.

3544. (a) An employee organization may become the exclusive representative for the employees of an appropriate unit for purposes of meeting and negotiating by filing a request with a public school employer alleging that a majority of the employees in an appropriate unit wish to be represented by such organization and asking the public school employer to recognize it as the exclusive representative. The request shall describe the grouping of jobs or positions which constitute the unit claimed to be appropriate and shall be based upon majority support on the basis of current dues deduction authorizations or other evidence such as notarized membership lists, or membership cards, or petitions designating the organization as the exclusive representative of the employees. Notice of any such request shall immediately be posted conspicuously on all employee bulletin boards in each facility of the public school employer in which members of the unit claimed to be appropriate are employed.
(b) The employee organization shall submit proof of majority support to the board. The information submitted to the board shall remain confidential and not be disclosed by the board. The board shall obtain from the employer the information necessary for it to carry out its responsibilities pursuant to this section and shall report to the employee organization and the public school employer as to whether the proof of majority support is adequate.
(Amended by Stats. 1977, Ch. 1084.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.7 - Meeting and Negotiating in Public Educational Employment › ARTICLE 5 - Employee Organizations: Representation, Recognition, Certification, and Decertification › Section 3544.1.

3544.1. The public school employer shall grant a request for recognition filed pursuant to Section 3544, unless any of the following apply:
(a) The public school employer doubts the appropriateness of a unit.
(b) Another employee organization either files with the public school employer a challenge to the appropriateness of the unit or submits a competing claim of representation within 15 workdays of the posting of notice of the written request. The claim shall be evidenced by current dues deductions authorizations or other evidence such as notarized membership lists, or membership cards, or petitions signed by employees in the unit indicating their desire to be represented by the organization. The evidence shall be submitted to the board, and shall remain confidential and not be disclosed by the board. The board shall obtain from the employer the information necessary for it to carry out its responsibilities pursuant to this section and shall report to the employee organizations seeking recognition and to the public school employer as to the adequacy of the evidence. If the claim is evidenced by the support of at least 30 percent of the members of an appropriate unit, a question of representation exists and the board shall conduct a representation election pursuant to Section 3544.7, unless subdivision (c) or (d) of this section applies.
(c) There is currently in effect a lawful written agreement negotiated by the public school employer and another employee organization covering any employees included in the unit described in the request for recognition, unless the request for recognition is filed less than 120 days, but more than 90 days, prior to the expiration date of the agreement.
(d) The public school employer has, within the previous 12 months, lawfully recognized another employee organization as the exclusive representative of any employees included in the unit described in the request for recognition.
(Amended by Stats. 2003, Ch. 190, Sec. 2. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.7 - Meeting and Negotiating in Public Educational Employment › ARTICLE 5 - Employee Organizations: Representation, Recognition, Certification, and Decertification › Section 3544.3.

3544.3. If, by January 1 of any school year, no employee organization has made a claim of majority support in an appropriate unit pursuant to Section 3544, a majority of employees of an appropriate unit may submit to a public school employer a petition signed by at least a majority of the employees in the appropriate unit requesting a representation election. An employee may sign such a petition though not a member of any employee organization.
Upon the filing of such a petition, the public school employer shall immediately post a notice of such request upon all employee bulletin boards at each school or other facility in which members of the unit claimed to be appropriate are employed.
Any employee organization shall have the right to appear on the ballot if, within 15 workdays after the posting of such notice, it makes the showing of interest required by subdivision (b) of Section 3544.1.
Immediately upon expiration of the 15-workday period following the posting of the notice, the public school employer shall transmit to the board the petition and the names of all employee organizations that have the right to appear on the ballot.
(Added by Stats. 1975, Ch. 961.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.7 - Meeting and Negotiating in Public Educational Employment › ARTICLE 5 - Employee Organizations: Representation, Recognition, Certification, and Decertification › Section 3544.5.

3544.5. A petition may be filed with the board, in accordance with its rules and regulations, requesting it to investigate and decide the question of whether employees have selected or wish to select an exclusive representative or to determine the appropriateness of a unit, by:
(a) A public school employer alleging that it doubts the appropriateness of the claimed unit; or
(b) An employee organization alleging that it has filed a request for recognition as an exclusive representative with a public school employer and that the request has been denied or has not been acted upon within 30 days after the filing of the request; or
(c) An employee organization alleging that it has filed a competing claim of representation pursuant to subdivision (b) of Section 3544.1; or
(d) An employee organization alleging that the employees in an appropriate unit no longer desire a particular employee organization as their exclusive representative, provided that such petition is supported by evidence of support such as notarized membership lists, cards, or petitions from 30 percent of the employees in the negotiating unit indicating support for another organization or lack of support for the incumbent exclusive representative. Such evidence of support shall be submitted to the board, and shall remain confidential and not be disclosed by the board. The board shall obtain from the employer the information necessary for it to carry out its responsibilities pursuant to this section and shall report to the employee organizations seeking recognition and to the public school employer as to the adequacy of the evidence of support.
(Amended by Stats. 1978, Ch. 194.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.7 - Meeting and Negotiating in Public Educational Employment › ARTICLE 5 - Employee Organizations: Representation, Recognition, Certification, and Decertification › Section 3544.7.

3544.7. (a) Upon receipt of a petition filed pursuant to Section 3544.3 or 3544.5, the board shall conduct inquiries and investigations or hold any hearings it deems necessary in order to decide the questions raised by the petition. The determination of the board may be based upon the evidence adduced in the inquiries, investigations, or hearing. However, if the board finds on the basis of the evidence that a question of representation exists, or a question of representation exists pursuant to subdivision (b) of Section 3544.1, it shall order that an election be conducted by secret ballot and it shall certify the results of the election on the basis of which ballot choice received a majority of the valid votes cast. There shall be printed on each ballot the statement: “no representation.” No voter shall record more than one choice on his or her ballot. Any ballot upon which there is recorded more than one choice shall be void and shall not be counted for any purpose. If at any election no choice on the ballot receives a majority of the votes cast, a runoff election shall be conducted. The ballot for the runoff election shall provide for a selection between the two choices receiving the largest and second largest number of valid votes cast in the election.
(b) An election may not be held and the petition shall be dismissed if either of the following exist:
(1) There is currently in effect a lawful written agreement negotiated by the public school employer and another employee organization covering any employees included in the unit described in the request for recognition, or unless the request for recognition is filed less than 120 days, but more than 90 days, prior to the expiration date of the agreement.
(2) The public school employer has, within the previous 12 months, lawfully recognized an employee organization other than the petitioner as the exclusive representative of any employees included in the unit described in the petition.
(Amended by Stats. 2003, Ch. 190, Sec. 3. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.7 - Meeting and Negotiating in Public Educational Employment › ARTICLE 5 - Employee Organizations: Representation, Recognition, Certification, and Decertification › Section 3544.9.

3544.9. The employee organization recognized or certified as the exclusive representative for the purpose of meeting and negotiating shall fairly represent each and every employee in the appropriate unit.
(Added by Stats. 1975, Ch. 961.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.7 - Meeting and Negotiating in Public Educational Employment › ARTICLE 6 - Unit Determinations › Section 3545.

3545. (a) In each case where the appropriateness of the unit is an issue, the board shall decide the question on the basis of the community of interest between and among the employees and their established practices including, among other things, the extent to which such employees belong to the same employee organization, and the effect of the size of the unit on the efficient operation of the school district.
(b) In all cases:
(1) A negotiating unit that includes classroom teachers shall not be appropriate unless it at least includes all of the classroom teachers employed by the public school employer, except management employees, supervisory employees, and confidential employees.
(2) Except as provided in subdivision (c), a negotiating unit of supervisory employees shall not be appropriate unless it includes all supervisory employees employed by the district and shall not be represented by the same employee organization as employees whom the supervisory employees supervise.
(3) Classified employees and certificated employees shall not be included in the same negotiating unit.
(c) In the case of a district which employs 20 or more supervisory peace officer employees, a negotiating unit of supervisory employees shall be appropriate if it includes any of the following:
(1) All supervisory nonpeace officer employees employed by the district and all supervisory peace officer employees employed by the district.
(2) All supervisory nonpeace officer employees employed by the district, exclusively.
(3) All supervisory peace officer employees employed by the district, exclusively.
A negotiating unit of supervisory employees shall not be represented by the same employee organization as employees whom the supervisory employees supervise.
(Amended by Stats. 1984, Ch. 832, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.7 - Meeting and Negotiating in Public Educational Employment › ARTICLE 7 - Organizational Security › Section 3546.3.

3546.3. Notwithstanding subdivision (i) of Section 3540.1, Section 3546, or any other provision of this chapter, any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to join, maintain membership in, or financially support any employee organization as a condition of employment; except that such employee may be required, in lieu of a service fee, to pay sums equal to such service fee either to a nonreligious, nonlabor organization, charitable fund exempt from taxation under Section 501(c)(3) of Title 26 of the Internal Revenue Code, chosen by such employee from a list of at least three such funds, designated in the organizational security arrangement, or if the arrangement fails to designate such funds, then to any such fund chosen by the employee. Either the employee organization or the public school employer may require that proof of such payments be made on an annual basis to the public school employer as a condition of continued exemption from the requirement of financial support to the recognized employee organization. If such employee who holds conscientious objections pursuant to this section requests the employee organization to use the grievance procedure or arbitration procedure on the employee’s behalf, the employee organization is authorized to charge the employee for the reasonable cost of using such procedure.
(Added by Stats. 1980, Ch. 816.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.7 - Meeting and Negotiating in Public Educational Employment › ARTICLE 7 - Organizational Security › Section 3546.5.

3546.5. Every recognized or certified employee organization shall keep an adequate itemized record of its financial transactions and shall make available annually, to the board and to the employees who are members of the organization, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, signed and certified as to accuracy by its president and treasurer, or corresponding principal officers. In the event of failure of compliance with this section, any employee within the organization may petition the board for an order compelling such compliance, or the board may issue such compliance order on its motion.
(Amended by Stats. 1977, Ch. 185.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 10.7 - Meeting and Negotiating in Public Educational Employment › ARTICLE 8 - Public Notice › Section 3547.

3547. (a) All initial proposals of exclusive representatives and of public school employers, which relate to matters within the scope of representation, shall be presented at a public meeting of the public school employer and thereafter shall be public records.
(b) Meeting and negotiating shall not take place on any proposal until a reasonable time has elapsed after the submission of the proposal to enable the public to become informed and the public has the opportunity to express itself regarding the proposal at a meeting of the public school employer.
(c) After the public has had the opportunity to express itself, the public school employer shall, at a meeting which is open to the public, adopt its initial proposal.
(d) New subjects of meeting and negotiating arising after the presentation of initial proposals shall be made public within 24 hours. If a vote is taken on such subject by the public school employer, the vote thereon by each member voting shall also be made public within 24 hours.
(e) The board may adopt regulations for the purpose of implementing this section, which are consistent with the intent of the section; namely that the public be informed of the issues that are being negotiated upon and have full opportunity to express their views on the issues to the public school employer, and to know of the positions of their elected representatives.
(Added by Stats. 1975, Ch. 961.)