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AB-3302 State public employment: memorandum of understanding: State Bargaining Unit 6.(2019-2020)

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Date Published: 04/27/2020 09:00 PM
AB3302:v98#DOCUMENT

Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3302


Introduced by Assembly Member Salas

February 21, 2020


An act to amend Section 3512 of the Government Code, relating to public employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 3302, as amended, Salas. State employer-employee relations. public employment: memorandum of understanding: State Bargaining Unit 6.
Existing law provides that a provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees that requires the expenditure of funds does not become effective unless approved by the Legislature in the annual Budget Act.
This bill would, notwithstanding those provisions, require that the provisions of the memorandum of understanding requiring the expenditure of funds to also become effective if they are approved by the Legislature in legislation other than the annual Budget Act.
This bill would approve provisions requiring the expenditure of funds in the memorandum of understanding, to be identified by date, entered into between the state employer and State Bargaining Unit 6, but would specify that the provisions will not take effect unless funds for those provisions are specifically appropriated by the Legislature.
The bill would require the state employer and State Bargaining Unit 6 to meet and confer to renegotiate the affected provisions if funds for those provisions are not specifically appropriated by the Legislature.

Existing law, the Ralph C. Dills Act, grants to state employees the right to form employee organizations for the purpose of representing their members in negotiating terms and conditions of employment with the state and prescribes definitions and procedures in this regard. Existing law states the purpose of these provisions and prohibits construing them to contravene the spirit or intent of the merit system in state employment.

This bill would recast the statement of purpose for these provisions to specify that the purpose includes promoting harmonious relations between the state and its employees and providing a reliable basis for recognizing the right of state employees to join organizations of their choice.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares that the purpose of this act is to approve an agreement pursuant to Section 3517.5 of the Government Code entered into by the state employer and the recognized employee organization.

SEC. 2.

 The provisions of the memorandum of understanding prepared pursuant to Section 3517.5 of the Government Code and entered into by the state employer and State Bargaining Unit 6, dated _______, and requiring the expenditure of funds, are hereby approved for the purposes of subdivision (b) of Section 3517.6 and Section 3517.61 of the Government Code.

SEC. 3.

 The provisions of the memorandum of understanding approved by Section 2 of this act requiring the expenditure of funds shall not take effect unless funds for these provisions are specifically appropriated by the Legislature. If funds for these provisions are not specifically appropriated by the Legislature, the state employer and the affected employee organization shall meet and confer to renegotiate the affected provisions.

SEC. 4.

 Notwithstanding Section 3517.61 of the Government Code, the provisions of the memorandum of understanding included in Section 2 requiring the expenditure of funds shall also become effective if the provisions of the memorandum of understanding are approved by the Legislature in legislation other than the annual Budget Act.
SECTION 1.Section 3512 of the Government Code is amended to read:
3512.

It is the purpose of this chapter to promote full communication and encourage harmonious relations between the state and its employees by providing a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment between the state and public employee organizations. It is also the purpose of this chapter to promote the improvement of personnel management and employer-employee relations within the State of California by providing a reliable basis for recognizing the right of state employees to join organizations of their own choosing and be represented by those organizations in their employment relations with the state. It is further the purpose of this chapter, in order to foster peaceful employer-employee relations, to allow state employees to select one employee organization as the exclusive representative of the employees in an appropriate unit, and to permit the exclusive representative to receive financial support from those employees who receive the benefits of this representation.

Nothing in this chapter shall be construed to contravene the spirit or intent of the merit principle in state employment, nor to limit the entitlements of state civil service employees, including those designated as managerial and confidential, provided by Article VII of the California Constitution or by laws or rules enacted pursuant thereto.