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 4 - Rights, Obligations, Prohibitions, and Unfair Labor Practices › Section 3569.5.

3569.5. (a) The state shall allow up to three employee representatives from each employee organization which represents employees of the California State University reasonable time off during working hours without loss of compensation or other benefits, to attend and make oral presentations at meetings of the Trustees of the California State University, or a committee thereof, held during the working hours of the employees, if a matter affecting conditions of employment is scheduled for consideration.
(b) Any employee organization wishing to send employee representatives to make oral presentations at such a meeting shall submit a request to the trustees far enough in advance to permit scheduling of speakers pursuant to rules and regulations of the trustees. Each employee organization shall be limited to not more than three speakers at any meeting.
(c) Only employee representatives who are named in the request submitted to the trustees as employee representatives who will make an oral presentation, and who intend to make an oral presentation, shall be allowed time off as specified in subdivision (a). Other employees may attend meetings by taking vacation time, compensating time off, or time off without pay if the workload permits, when approved by their supervisor.
(d) Nothing in this section shall preclude the trustees from adopting rules and regulations relating to time off for employees not represented by an employee organization to attend meetings.
(e) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to this chapter, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
(Amended by Stats. 1983, Ch. 143, Sec. 179.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12 - Higher Education Employer-Employee Relations › ARTICLE 4 - Rights, Obligations, Prohibitions, and Unfair Labor Practices › Section 3570.

3570. Higher education employers, or such representatives as they may designate, shall engage in meeting and conferring with the employee organization selected as exclusive representative of an appropriate unit on all matters within the scope of representation.
(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 4 - Rights, Obligations, Prohibitions, and Unfair Labor Practices › Section 3571.

3571. It shall be unlawful for the higher education 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 engage in meeting and conferring with an exclusive representative.
(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. However, subject to rules and regulations adopted by the board pursuant to Section 3563, an employer shall not be prohibited from permitting employees to engage in meeting and conferring or consulting during working hours without loss of pay or benefits.
(e) Refuse to participate in good faith in the impasse procedure set forth in Article 9 (commencing with Section 3590).
(f) Consult with any academic, professional, or staff advisory group on any matter within the scope of representation for employees who are represented by an exclusive representative, or for whom an employee organization has filed a request for recognition or certification as an exclusive representative until such time as the request is withdrawn or an election has been held in which “no representative” received a majority of the votes cast. This subdivision is not intended to diminish the prohibition of unfair practices contained in subdivision (d). For the purposes of this subdivision, the term “academic” shall not be deemed to include the academic senates.
(Amended by Stats. 1989, Ch. 313, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12 - Higher Education Employer-Employee Relations › ARTICLE 4 - Rights, Obligations, Prohibitions, and Unfair Labor Practices › Section 3571.1.

3571.1. It shall be unlawful for an employee organization to:
(a) Cause or attempt to cause the higher education employer to violate Section 3571.
(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 engage in meeting and conferring with the higher education employer.
(d) Refuse to participate in good faith in the impasse procedure set forth in Article 9 (commencing with Section 3590).
(e) Fail to represent fairly and impartially all the employees in the unit for which it is the exclusive representative.
(f) Require of employees covered by a memorandum of understanding to which it is a party the payment of a fee, as a condition precedent to becoming a member of such organization, in an amount which the board finds excessive or discriminatory under all the circumstances. In making such a finding, the board shall consider, among other relevant factors, the practices and customs of employee organizations in higher education, and the wages currently paid to the employees affected.
(g) Cause, or attempt to cause, an employer to pay or deliver, or agree to pay or deliver, any money or other thing of value, in the nature of an exaction, for services which are not performed or are not to be performed.
(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 4 - Rights, Obligations, Prohibitions, and Unfair Labor Practices › Section 3571.3.

3571.3. The expression of any views, arguments, or opinions, or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute, or be evidence of, an unfair labor practice under any provision of this chapter, unless such expression contains a threat of reprisal, force, or promise of benefit; provided, however, that the employer shall not express a preference for one employee organization over another employee organization.
(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 4 - Rights, Obligations, Prohibitions, and Unfair Labor Practices › Section 3572.

3572. This section shall apply only to the California State University.
(a) The duty to meet and confer 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 the adoption date so that there is adequate time for agreement to be reached, or for the resolution of an impasse. The California State University shall maintain close liaison with the Department of Finance and the Legislature relative to the meeting and conferring on provisions of the written memoranda that have fiscal ramifications. The Governor shall appoint one representative to attend the meeting and conferring, including the impasse procedure, to advise the parties on the views of the Governor on matters that would require an appropriation or legislative action, and the Speaker of the Assembly and the Senate Committee on Rules may each appoint one representative to attend the meeting and conferring to advise the parties on the views of the Legislature on matters that would require an appropriation or legislative action.
(b) No written memoranda reached pursuant to this chapter that require budgetary or curative action by the Legislature or other funding agencies shall be effective unless and until that action has been taken. Following execution of written memoranda of understanding, an appropriate request for financing or budgetary funding for all state-funded employees or for necessary legislation shall be forwarded promptly to the Legislature and the Governor or other funding agencies. When memoranda require legislative action pursuant to this section, if the Legislature or the Governor fail to fully fund the memoranda or to take the requisite curative action, the entire memoranda shall be referred back to the parties for further meeting and conferring unless the parties agree that provisions of the memoranda that are nonbudgetary and do not require funding shall take effect whether or not the funding requests submitted to the Legislature are approved.
(Amended by Stats. 2006, Ch. 538, Sec. 230. Effective January 1, 2007.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12 - Higher Education Employer-Employee Relations › ARTICLE 4 - Rights, Obligations, Prohibitions, and Unfair Labor Practices › Section 3572.3.

3572.3. (a) This section shall apply only to the University of California.
(b) The duty to engage in meeting and conferring requires the parties to begin meeting and conferring at least 60 days before the expiration of memoranda of understanding, or the May 1, if earlier, of any year in which a memorandum shall expire, or May 1, if there is no existing memorandum. The University of California and the college named in Section 92200 of the Education Code shall maintain close liaison with the Department of Finance and the Legislature relative to the meeting and conferring on provisions of the written memoranda which have fiscal ramifications.
(c) Written memoranda reached pursuant to the provisions of this chapter that require budgetary or curative action by the Legislature or other funding agencies shall not be effective unless and until such an action has been taken. Following execution of written memoranda of understanding, an appropriate request for financing or budgetary funding in the aggregate for all state-funded employees or for necessary legislation will be forwarded promptly to the Legislature and the Governor or other funding agencies. When memoranda require legislative action pursuant to this section, if the Legislature or the Governor fail to fully fund the memoranda or to take the requisite curative action, the entire memoranda shall be referred back to the parties for further meeting and conferring; provided, however, that the parties may agree that provisions of the memoranda that are nonbudgetary and do not require funding shall take effect whether or not the aggregate funding requests submitted to the Legislature are approved. The Legislature recognizes that the University of California’s sources of funding are multiple and approval by the Legislature, and by other public agencies, as to employees funded by those agencies, may be required before implementation of increased expenditures resulting from agreements reached in accordance with the provisions of this chapter.
(Amended by Stats. 2022, Ch. 478, Sec. 52. (AB 1936) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12 - Higher Education Employer-Employee Relations › ARTICLE 4 - Rights, Obligations, Prohibitions, and Unfair Labor Practices › Section 3572.5.

3572.5. (a) Except as provided in subdivision (b), in the case where the following provisions of law are in conflict with a memorandum of understanding, the memorandum of understanding shall be controlling.
(1) Part 13 (commencing with Section 22000) of, and Sections 66609, 89007, 89039, 89500, 89501, 89502, 89503, 89504, 89505, 89505.5, 89506, 89507, 89508, 89510, 89512, 89513, 89514, 89515, 89516, 89517, 89518, 89519, 89520, 89523, 89524, 89527, 89531, 89532, 89533, 89534, 89537, 89541, 89542, 89543, 89544, 89545, 89546, 89550, 89551, 89552, 89553, 89554, 89555, 89556, 89700, and 89701 of, the Education Code.
(2) Sections 825, 825.2, 825.6, 3569.5, 6700, 11020, and 11021, Chapter 2 (commencing with Section 18150) of Part 1 of Division 5 of Title 2, Sections 18200, 19841, 19848, 19850.6, and 19864, Article 4 (commencing with Section 19869) and Article 5 (commencing with Section 19878) of Chapter 2.5 of Part 2.6 of Division 5 of Title 2, and Section 22871.
(3) Sections 395, 395.01, 395.05, 395.1, and 395.3 of the Military and Veterans Code.
(b) (1) Notwithstanding the inclusion in Section 89542.5 of the Education Code, except with respect to paragraph (5) of subdivision (a) of that section, of a provision providing that, if the statute is in conflict with a memorandum of understanding reached pursuant to this chapter, the memorandum of understanding shall be controlling without further legislative action, unless the memorandum of understanding requires the expenditure of funds, that section, except for paragraph (5) of subdivision (a) of that section, provides a minimum level of benefits or rights, and is superseded by a memorandum of understanding only if the relevant terms of the memorandum of understanding provide more than the minimum level of benefits or rights set forth in that section, except for paragraph (5) of subdivision (a) of that section.
(2) This subdivision only applies to a memorandum of understanding entered into on or after January 1, 2002.
(Amended by Stats. 2004, Ch. 69, Sec. 7. Effective June 24, 2004.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12 - Higher Education Employer-Employee Relations › ARTICLE 5 - Employee Organizations: Representation, Recognition, Certification and Decertification › Section 3573.

3573. An employee organization may become the exclusive representative for the employees of an appropriate unit for purposes of meeting and conferring by filing a request with a higher education employer alleging that a majority of the employees in an appropriate unit wish to be represented by such organization and asking the 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 certify that proof of majority support has been submitted to either the board or to a mutually agreed upon third party. Notice of any such request shall immediately be posted conspicuously on all employee bulletin boards in each facility of the employer in which members of the unit claimed to be appropriate are employed.
(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 5 - Employee Organizations: Representation, Recognition, Certification and Decertification › Section 3574.

3574. The higher education employer shall grant a request for recognition filed pursuant to Section 3573 unless any of the following occurs:
(a) The employer reasonably doubts that the employee organization has majority support or reasonably doubts the appropriateness of the requested unit. In that case, the employer shall notify the board, which shall conduct a representation election or verify proof of majority support pursuant to Section 3577 unless subdivision (c) or (d) applies.
(b) Another employee organization either files with the 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. If the claim is evidenced by the support of at least 30 percent of the members of the proposed unit, a question of representation shall be deemed to exist and the board shall conduct a representation election pursuant to Section 3577. Proof of that support shall be submitted to either the board or to a mutually agreed upon third party.
(c) There is currently in effect a lawful written memorandum of understanding between the employer and another employee organization recognized or certified as the exclusive representative of any employees included in the unit described in the request for recognition, unless the request for recognition is filed not more than 120 days and not less than 90 days prior to the expiration date of the memorandum of understanding, provided that, if the memorandum of understanding has been in effect for three years or more, there shall be no restriction as to the time of filing the request. The existence of a memorandum of understanding, or current certification as the exclusive representative, shall be the proof of support necessary to trigger a representation election pursuant to Section 3577 to determine majority support when a request for recognition is made by another employee organization.
(d) Within the previous 12 months, either another employee organization has been lawfully recognized or certified as the exclusive representative of any employees included in the unit described in the request for recognition, or a majority of the votes cast in a representation election held pursuant to Section 3577 were cast for “no representation.”
(Amended by Stats. 2003, Ch. 216, Sec. 1. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12 - Higher Education Employer-Employee Relations › ARTICLE 5 - Employee Organizations: Representation, Recognition, Certification and Decertification › Section 3575.

3575. 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) An employee organization alleging that it has filed a request for recognition as an exclusive representative with an employer and that the request has been denied or has not been acted upon within 30 days after the filing of the request; or
(b) An employee organization alleging that it has filed a competing claim of representation pursuant to subdivision (b) of Section 3574; or
(c) An employee organization wishing to be certified by the board as the exclusive representative. Such petition for certification as the exclusive representative in an appropriate unit shall include proof of a 30-percent showing of interest designating the organization as the exclusive representative of the employees.
(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 5 - Employee Organizations: Representation, Recognition, Certification and Decertification › Section 3576.

3576. 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 the employees wish to decertify an exclusive representative or to reconsider the appropriateness of a unit. Such petition may allege 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 30 percent of the employees in the unit indicating support for another organization or lack of support for the incumbent exclusive representative.
(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 5 - Employee Organizations: Representation, Recognition, Certification and Decertification › Section 3578.

3578. The employee organization recognized or certified as the exclusive representative shall represent all employees in the unit, fairly and impartially. A breach of this duty shall be deemed to have occurred if the employee organization’s conduct in representation is arbitrary, discriminatory, or in bad faith.
(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 6.5 - Supervisors › Section 3580.

3580. Except as provided by this article, supervisory employees shall not have the rights, or be covered by, any provision or definition established by this chapter.
(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 6.5 - Supervisors › Section 3580.3.

3580.3. “Supervisory employee” means any individual, regardless of the job description or title, having authority, in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. With respect to faculty or academic employees, any department chair, head of a similar academic unit or program, or other employee who performs the foregoing duties primarily in the interest of and on behalf of the members of the academic department, unit or program, shall not be deemed a supervisory employee solely because of such duties; provided, that with respect to the University of California and the college named in Section 92200 of the Education Code, there shall be a rebuttable presumption that such an individual appointed by the employer to an indefinite term shall be deemed to be a supervisor. Employees whose duties are substantially similar to those of their subordinates shall not be considered to be supervisory employees.
(Amended by Stats. 2022, Ch. 478, Sec. 53. (AB 1936) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12 - Higher Education Employer-Employee Relations › ARTICLE 6.5 - Supervisors › Section 3580.5.

3580.5. (a) Supervisory employees shall not participate in the handling of grievances on behalf of nonsupervisory employees. Nonsupervisory employees shall not participate in the handling of grievances on behalf of supervisory employees.
(b) Supervisory employees shall not participate in meet and confer sessions on behalf of nonsupervisory employees. Nonsupervisory employees shall not participate in meet and confer sessions on behalf of supervisory employees.
(c) The prohibition in subdivisions (a) and (b) shall not be construed to apply to the paid staff of an employee organization.
(d) Supervisory employees shall not vote on questions of ratification or rejection of memoranda of understanding reached on behalf of nonsupervisory employees.
(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 6.5 - Supervisors › Section 3581.1.

3581.1. Supervisory employees shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of supervisory employee-employer relations as set forth in Section 3581.3. Supervisory employees also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the employer.
(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 6.5 - Supervisors › Section 3581.2.

3581.2. Employee organizations shall have the right to represent their supervisory employee members in their employment relations, including grievances, with the employer. Employee organizations may establish reasonable restrictions regarding who may join and may make reasonable provisions for the dismissal of employees from membership. Nothing in this section shall prohibit any employee from appearing on his or her own behalf or through his or her chosen representative in his or her employment relations and grievances with the higher education employer.
(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 6.5 - Supervisors › Section 3581.3.

3581.3. The scope of representation for supervisory employees shall include all matters relating to employment conditions and supervisory employee-employer relations including wages, hours, and other terms and conditions of employment.
(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 6.5 - Supervisors › Section 3581.4.

3581.4. The higher education employer shall meet and confer with representatives of employee organizations upon request. Meet and confer means that they shall consider as fully as the employer deems reasonable such presentations as are made by the employee organization on behalf of its supervisory members prior to arriving at a determination of policy or course of action.
(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 6.5 - Supervisors › Section 3581.5.

3581.5. The higher education employer shall allow a reasonable number of supervisory public employee representatives of verified employee organizations reasonable time off without loss of compensation or other benefits when meeting and conferring with representatives of the higher education employer on matters within the scope of representation.
(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 6.5 - Supervisors › Section 3581.6.

3581.6. The higher education employer and employee organizations shall not interfere with, intimidate, restrain, coerce, or discriminate against supervisory employees because of their exercise of their rights under this article.
(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 6.5 - Supervisors › Section 3581.7.

3581.7. Subject to review by the board, the higher education employer may adopt reasonable rules and regulations for the administration of supervisory employee-employer relations under this article. Such rules and regulations may include provisions for:
(a) Verifying that an employee organization does in fact represent supervisory employees of the employer.
(b) Verifying the official status of employee organization officers and representatives.
(c) Access of employee organization officers and representatives to work locations.
(d) Use of official bulletin boards and other means of communication by employee organizations.
(e) Furnishing nonconfidential information pertaining to supervisory employee relations to employee organizations.
(f) Such other matters as are necessary to carry out the purposes of this article.
(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 7 - Organizational Security › Section 3582.

3582. Subject to the limitations set forth in this section, organizational security shall be within the scope of representation.
(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 7 - Organizational Security › Section 3583.

3583. Permissible forms of organizational security shall be limited to either of the following:
(a) An arrangement pursuant to which an employee may decide whether or not to join the recognized or certified employee organization, but which requires the employer to deduct from the wages or salary of any employee who does join, and pay to the employee organization which is the exclusive representative of that employee, the standard initiation fee, periodic dues, and general assessments of the organization for the duration of the written memorandum of understanding. This arrangement shall not deprive the employee of the right to resign from the employee organization within a period of 30 days prior to the expiration of a written memorandum of understanding.
(b) The arrangement described in Section 3583.5.
(Amended by Stats. 1999, Ch. 952, Sec. 1. Effective January 1, 2000.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12 - Higher Education Employer-Employee Relations › ARTICLE 7 - Organizational Security › Section 3584.

3584. (a) Notwithstanding Section 3583.5, an employee of the California State University or the University of California, other than faculty of the University of California who are eligible for membership in the Academic Senate, who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations, shall not be required to join or financially support any public employee organization as a condition of employment. An employee to which this subdivision is applicable may be required, in lieu of periodic dues, initiation fees, or agency shop fees, to pay sums equal to the amount of the fair share service fee determined pursuant to subdivision (a) of Section 3583.5 to a nonreligious, nonlabor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the employee from a list of at least three of these funds designated by the employer and the exclusive representative or, if the employer and exclusive representative fail to designate funds, chosen by the employee. Proof of these payments shall be made on a monthly basis to the employer as a condition of continued exemption from the requirement of financial support of the exclusive representative.
(b) Every recognized or certified employee organization that has an agency shop provision under this section shall keep an adequate itemized record of its financial transactions, and shall make available annually, to the employer 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, certified as to accuracy by the president and treasurer or comparable officers. An employee organization covering employees governed under this chapter and required to file financial reports under the federal Labor-Management Disclosure Act of 1959 (29 U.S.C. Sec. 401 et seq.) , or required to file financial reports under Section 3546.5, may satisfy the financial reporting requirements of this section by providing the employer with a copy of those financial reports.
(Added by Stats. 1999, Ch. 952, Sec. 3. Effective January 1, 2000.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12 - Higher Education Employer-Employee Relations › ARTICLE 7 - Organizational Security › Section 3585.

3585. In the absence of an arrangement pursuant to Section 3583 or 3583.5, an employer shall, upon written authorization by the employee involved, deduct and remit to the exclusive representative or, in the absence of an exclusive representative, to the employee organization of the employee’s choice, the standard initiation fee, periodic dues, and general assessments of that organization, until the time an exclusive representative has been selected for the employee’s unit. Thereafter, deductions shall be made only for the exclusive representative.
(Amended by Stats. 1999, Ch. 952, Sec. 4. Effective January 1, 2000.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12 - Higher Education Employer-Employee Relations › ARTICLE 7 - Organizational Security › Section 3586.

3586. The Trustees of the California State University shall continue all payroll assignments authorized by an employee prior to and until recognition or certification of an exclusive representative until notification is submitted by an employee to discontinue the employee’s assignments.
(Amended by Stats. 1983, Ch. 142, Sec. 27.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12 - Higher Education Employer-Employee Relations › ARTICLE 7 - Organizational Security › Section 3587.

3587. 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, certified as to accuracy by the president and treasurer or comparable 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.
(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 8 - Rights-Disputes Arbitration › Section 3589.

3589. (a) An employer and an exclusive representative who enter into a written memorandum of understanding may agree to procedures for final and binding arbitration of disputes that may arise under the memorandum of understanding or between the parties.
(b) Where a party to a memorandum of understanding is aggrieved by the failure, neglect, or refusal of the other party to proceed to arbitration pursuant to the procedures provided therefor in the memorandum, the aggrieved party may bring proceedings pursuant to Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure for a court order directing that the arbitration proceed pursuant to the procedures provided therefor in such memorandum of understanding.
(c) An arbitration award made pursuant to this section shall be final and binding upon the parties and may be enforced by a court pursuant to Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure.
(d) The board shall submit a list of names of arbitrators to employers and employee organizations upon their mutual request. Nothing in this subdivision shall preclude the parties from mutually agreeing to some other means of selecting an arbitrator. The board shall also, if mutually requested to do so, designate an arbitrator to hear and decide the rights dispute.
(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 9 - Impasse Procedure › Section 3590.

3590. Either an employer or the exclusive representative may declare that an impasse has been reached between the parties in negotiations over matters within the scope of representation and may request the board to appoint a mediator for the purpose of assisting them in reconciling their differences and resolving the controversy on terms which are mutually acceptable. If the board determines that an impasse exists, it shall, in no event later than five working days after the receipt of a request, appoint a mediator in accordance with such rules as it shall prescribe. The mediator shall meet forthwith with the parties or their representatives, either jointly or separately, and shall take such other steps as he may deem appropriate in order to persuade the parties to resolve their differences and effect a mutually acceptable memorandum of understanding. The services of the mediator, including any per diem fees, and actual and necessary travel and subsistence expenses, shall be provided by the board without cost to the parties. Nothing in this section shall be construed to prevent the parties from mutually agreeing upon their own mediation procedure and in the event of such agreement, the board shall not appoint its own mediator, unless failure to do so would be inconsistent with the policies of this chapter. If the parties agree upon their own mediation procedure, the cost of the services of any appointed mediator, unless appointed by the board, including any per diem fees, and actual and necessary travel and subsistence expenses, shall be borne equally by the parties.
(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 9 - Impasse Procedure › Section 3591.

3591. If the mediator is unable to effect settlement of the controversy within 15 days after his appointment and the mediator declares that factfinding is appropriate to the resolution of the impasse, either party may, by written notification to the other, request that their differences be submitted to a factfinding panel. Within five days after receipt of the written request, each party shall select a person to serve as its member of the factfinding panel. The board shall, within five days after such selection, select a chairman of the factfinding panel. The chairman designated by the board shall not, without the consent of both parties, be the same person who served as mediator pursuant to Section 3590.
(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 9 - Impasse Procedure › Section 3592.

3592. The panel shall, within 10 days after its appointment, meet with the parties or their representatives and consider their respective positions. The panel may make additional inquiries and investigations, hold hearings, and take other steps that it may deem appropriate. For the purpose of the hearings, investigations, and inquiries, the panel may issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence. The Regents of the University of California, the Board of Directors of the college named in Section 92200 of the Education Code, and the Trustees of the California State University shall furnish the panel, upon its request, with all records, papers, and information in their possession relating to any matter under investigation by or in issue before the panel, except for those records, books, and information that are confidential by statute.
(Amended by Stats. 2022, Ch. 478, Sec. 54. (AB 1936) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12 - Higher Education Employer-Employee Relations › ARTICLE 9 - Impasse Procedure › Section 3593.

3593. (a) If the dispute is not settled within 30 days after the appointment of the panel, or, upon agreement by both parties, within a longer period, the panel shall make findings of fact and recommend terms of settlement, which recommendations shall be advisory only. Any findings of fact and recommended terms of settlement shall be submitted in writing to the parties privately before they are made public. The panel, subject to the rules and regulations of the board, may make those findings and recommendations public 10 days thereafter. During this 10-day period, the parties are prohibited from making the panel’s findings and recommendations public.
(b) The costs for the services of the panel chairperson, including per diem fees, if any, and actual and necessary travel and subsistence expenses, shall be borne by the board. Any other mutually incurred costs shall be borne equally by the employer and the exclusive representative. Each party shall bear the costs it incurs for the panel member it selects.
(c) (1) This subdivision applies only to disputes relating to the faculty and librarians of the University of California and the college named in Section 92200 of the Education Code. For the purposes of this subdivision, “faculty” means teachers employed to teach courses and authorize the granting of credit for the successful completion of courses, and excludes employees whose employment is contingent on their status as students.
(2) Irrespective of whether the panel makes its findings and recommendations public pursuant to subdivision (a), the Regents of the University of California and the Board of Directors of the college named in Section 92200 of the Education Code, as appropriate, shall make the findings and recommendations of the panel public after the 10-day period prescribed by subdivision (a) has ended. These findings and recommendations shall be posted in a prominent public place, and copies of the findings and recommendations shall be made available to any person attending the next regularly scheduled public meeting of the regents or the directors, as appropriate. The publicly distributed agenda of the next regularly scheduled meeting of the Regents of the University of California or the Board of Directors of the college named in Section 92200 of the Education Code, as appropriate, shall reference the availability of these findings and recommendations.
(3) It is the intent of the Legislature that the Regents of the University of California or the Board of Directors of the college named in Section 92200 of the Education Code, as appropriate, shall act upon the findings and recommendations of the panel at an open and public meeting within 90 days of their submission to the parties by the panel.
(Amended by Stats. 2022, Ch. 478, Sec. 55. (AB 1936) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 12 - Higher Education Employer-Employee Relations › ARTICLE 9 - Impasse Procedure › Section 3594.

3594. Nothing in this article shall be construed to prohibit the mediator appointed pursuant to Section 3590, with the permission of the parties, from continuing mediation efforts on the basis of the findings of fact and recommended terms of settlement made pursuant to Section 3594.
(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 10 - Public Notice › Section 3595.

3595. (a) All initial proposals of exclusive representatives and of higher education employers, which relate to matters within the scope of representation, shall be presented at a public meeting of the higher education employer and thereafter shall be public records.
(b) Meeting and conferring shall not commence on an initial 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 higher education employer.
(c) After the public has had the opportunity to express itself, the higher education employer shall, at a meeting which is open to the public, adopt a proposal, including any changes to its initial proposal which the higher education employer deems appropriate based on the public’s comments.
(d) New subjects of meeting and conferring arising after the presentation of initial proposals shall be made public within 24 hours. If a vote is taken on such subject by the higher education 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 met and conferred upon and have full opportunity to express their views on the issues to the higher education employer, and to know of the positions of the higher education employer.
(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 3596.

3596. All the proceedings set forth in this section shall be exempt from the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2, and Section 92030 of the Education Code, unless the parties mutually agree otherwise:
(a) Any meeting and conferring discussion between a higher education employer and a recognized or certified employee organization.
(b) Any meeting of a mediator with either party or both parties to the meeting and conferring process.
(c) Any hearing, meeting, or investigation conducted by a factfinder or arbitrator.
(d) Any executive session of the higher education employer or between the higher education employer and its designated representatives for the purpose of discussing its position respecting meeting and conferring or regarding any matter within the scope of representation or instructing its designated representatives.
(Added by Stats. 1978, Ch. 744.)