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AB-2839 State employees.(2001-2002)

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Passed  IN  Senate  August 12, 2002
Passed  IN  Assembly  August 15, 2002

CALIFORNIA LEGISLATURE— 2001–2002 REGULAR SESSION

Assembly Bill
No. 2839

Introduced  by  Assembly Member Kehoe

February 25, 2002

An act to amend Sections 3526, 3528, 3530, 3531, 3532, 3533, 3534, and 3538 of the Government Code, relating to state employees.


LEGISLATIVE COUNSEL'S DIGEST


AB 2839, Kehoe. State employees.
Existing law, known as the Bill of Rights for State Excluded Employees, among other things, requires the state to meet and confer, as defined, with verified supervisory employee organizations representing supervisory employees. Existing law defines “excluded employee” for these purposes to mean all managerial employees, confidential employees, supervisory employees, and specified employees of the Department of Personnel Administration, the Department of Finance, the Controller’s office, the Legislative Counsel Bureau, the Bureau of State Audits, the Public Employment Relations Board, the Department of Industrial Relations, and the State Athletic Commission.
This bill would revise the definition of “meet and confer” for the purpose of that law, and would require the state to meet and confer with employee organizations representing excluded employees. The bill would also make other conforming changes.
Existing law authorizes excluded employee organizations to represent their excluded members in their employment relations including grievances with the State of California.
This bill would also authorize representation in arbitrations.

The people of the State of California do enact as follows:


SECTION 1.

 Section 3526 of the Government Code is amended to read:

3526.
 The purpose of this chapter is to inform state supervisory, managerial, confidential, and employees otherwise excepted from coverage under the Ralph C. Dills Act by subdivision (c) of Section 3513 of their rights and terms and conditions of employment, to inspire dedicated service, to recognize their important and fundamental roles in the management of state government, and to promote harmonious personnel relations among those representing state management in the conduct of state affairs.

SEC. 2.

 Section 3528 of the Government Code is amended to read:

3528.
 The Legislature hereby finds and declares that the rights and protections provided to excluded employees under this chapter constitute a matter of important concern. The Legislature further finds and declares that the efficient and effective administration of state programs depends upon the maintenance of high morale and the objective consideration and resolution of issues raised between excluded employees and their employer.

SEC. 3.

 Section 3530 of the Government Code is amended to read:

3530.
 Excluded employee organizations shall have the right to represent their excluded members in their employment relations, including grievances and arbitrations, 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.

SEC. 4.

 Section 3531 of the Government Code is amended to read:

3531.
 Excluded employees shall have the right to form, join, and participate in the activities of excluded employee organizations of their own choosing for the purpose of representation on all matters of excluded employer-employee relations, as set forth in Section 3532. Excluded employees also shall have the right to refuse to join or participate in the activities of excluded employee organizations and shall have the right to represent themselves individually in their employment relations with the public employer.

SEC. 5.

 Section 3532 of the Government Code is amended to read:

3532.
 The scope of representation for excluded employees shall include all matters relating to employment conditions and excluded employer-employee relations including wages, hours, and other terms and conditions of employment.

SEC. 6.

 Section 3533 of the Government Code is amended to read:

3533.
 Upon request, the state shall meet and confer with verified excluded employee organizations representing excluded employees. “Meet and confer” means that they shall consider fully the presentations that are made by the verified excluded employee organization on behalf of their members prior to arriving at a determination of policy or course of action.

SEC. 7.

 Section 3534 of the Government Code is amended to read:

3534.
 The state employer shall allow a reasonable number of excluded public employee representatives of verified excluded 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 excluded employees.

SEC. 8.

 Section 3538 of the Government Code is amended to read:

3538.
 The state employer and excluded employee organizations shall not interfere with, intimidate, restrain, coerce, or discriminate against excluded employees because of their exercise of their rights under this article.