California Code of Regulations › Title 5 - Education › Division 5 - Board of Trustees of the California State Universities › Chapter 1 - California State University › Subchapter 7 - Employees › Article 16.1 - Public Notice of Initial Proposals of Exclusive Representatives and California State University › Section 43725 - Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Meeting and conferring as defined in the Higher Education
						Employer-Employee Relations Act shall not commence on an initial proposal which
						relates to matters within the scope of representation until the Board of Trustees
						has conducted not less than four (4) public meetings scheduled no sooner than seven
						(7) calendar days from one another. Such meetings shall proceed in a manner to be
						determined by the Board of Trustees or its designated committee, subject to the
						following requirements:
(a) An initial
					 meeting to present the proposal of an exclusive representative for a particular unit
					 shall be scheduled within a reasonable time by the Board of Trustees or its
					 designated committee.
(b) At the first
					 meeting called for a particular representation unit, the exclusive representative
					 shall present its proposal in writing and shall have ten (10) copies of such
					 proposal for members of the Board of Trustees or its designated committee present,
					 twenty (20) additional copies for distribution to the main library at each campus
					 and in the Office of the Chancellor, and a sufficient quantity, but not fewer than
					 twenty (20), for interested members of the public in attendance at the public
					 hearing. At the time of such presentation, a representative of the exclusive
					 representative may address the Board of Trustees or its designated committee for the
					 purpose of clarifying or amplifying upon any portion of its proposal. Thereafter,
					 the Board of Trustees or its designated committee shall set a time for a second
					 public hearing.
(c) At such second
					 meeting, members of the public shall be given an opportunity to address the
					 proposals presented at the previous meeting. If a member of the public wishes to
					 speak, he or she will be asked but not required to give his or her name, address,
					 name of organization, if any, and on whose behalf he or she is speaking. Members of
					 the public may submit written statements in addition to or in lieu of oral
					 statements. Such written statements shall become a part of the record. At the
					 conclusion of the testimony with respect to the exclusive representative's proposal
					 for a given unit, the Board of Trustees or its designated committee shall schedule a
					 third meeting.
(d) At the third meeting,
					 the Board of Trustees or its designated committee shall present management's
					 proposal for the representation unit in question in writing and shall have six (6)
					 copies of such proposal fo the exclusive representative, twenty (20) additional
					 copies for distribution to the main library at each campus and in the Office of the
					 Chancellor, and a sufficient quantity, but not fewer than twenty (20), for
					 interested members of the public in attendance at the public hearing. At such
					 meeting, the Board of Trustees or its designated committee may, at its discretion,
					 clarify or otherwise explain its proposal. Thereafter, the Board of Trustees or its
					 designated committee shall set a time for a fourth public meeting.
(e) At the fourth meeting, members of the public
					 shall be given an opportunity to address the proposals presented at the third
					 meeting. In all other respects, the rules which govern the second meeting, set forth
					 in subsection (c) hereof, shall govern.
(f) After the public has had the opportunity to
					 express itself, the Board of Trustees or its designated committee shall, at the
					 fourth meeting or at an additional public meeting scheduled at the Board of
					 Trustees' or its designated committee's discretion, adopt a proposal including any
					 changes in its initial proposal which it deems appropriate in light of the
					 proceedings described herein.
(g)
					 Notwithstanding any other provision of this Article, for all meetings required
					 pursuant to this Article, if the Board of Trustees or its designated committee fails
					 to schedule a meeting, it shall be scheduled by the Chair of the Board of Trustees
					 or of its designated committee.
(h)
					 Nothing herein shall preclude the consideration or proposals for more than one
					 representation unit at a particular public meeting.
1. New Article
						16.1 (Sections 43725 and
						43726) filed 9-30-81; effective
						thirtieth day thereafter (Register 81, No. 40).
2. Amendment of NOTE
						filed 9-20-82; effective thirtieth day thereafter (Register 82, No.
						39).
Note: Authority cite: Sections
						  66600,
						  89030,
						  89035 and
						  89500, Education
						  Code. Reference: Section
						  89500, Education
						  Code.