Today's Law As Amended


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AB-2839 State employees.(2001-2002)



As Amends the Law Today


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, and  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,  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.
 Supervisory Excluded  employees shall have the right to form, join, and participate in the activities of supervisory excluded  employee organizations of their own choosing for the purpose of representation on all matters of supervisory excluded  employer-employee relations, as set forth in Section 3532. Supervisory Excluded  employees also shall have the right to refuse to join or participate in the activities of supervisory 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 supervisory excluded  employees shall include all matters relating to employment conditions and supervisory 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 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.  excluded employee organizations representing excluded employees.  “Meet and confer” shall mean that the state employer  means that they  shall consider as fully as it deems reasonable, such presentations as fully the presentations that  are made by the verified supervisory excluded  employee organization on behalf of its supervisory  their  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.

SEC. 7.

 Section 3534 of the Government Code is amended to read:

3534.
 The state employer shall allow a reasonable number of supervisory excluded  public employee representatives of verified supervisory 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 supervisory 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 supervisory excluded  employees because of their exercise of their rights under this article.