Today's Law As Amended

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AB-2835 Public employees: orientation and informational programs: exclusive representatives.(2015-2016)



SECTION 1.

 Chapter 11 (commencing with Section 3550) is added to Division 4 of Title 1 of the Government Code, to read:

CHAPTER  11. Public Employee Orientation and Informational Programs
3550.
 (a) A public employer specified in Section 3552 shall provide all newly hired public employees an orientation within four months of the time of hiring. If the employees are represented, the exclusive representative of those employees shall be permitted to make a presentation of 30 minutes to begin in the first half of the orientation. The exclusive representative shall be given not less than 10 days notice in advance of an orientation. Orientations shall be conducted in -person during work hours.
(b) Notwithstanding Sections 6254 and 6254.3, the public employer shall provide the exclusive representative with the name, job title, department, work location, telephone number, and home address of any newly hired employee who may be represented by the exclusive representative within 30 days of the date of hire or by the first pay period of the month following hire. The information identified in this subdivision shall be provided to the exclusive representative regardless of whether the newly hired public employee was previously employed by the public employer. The information under this section shall be provided in a manner consistent with paragraph (3) of subdivision (a) of Section 6254.3. The information under this section shall be provided in a manner consistent with Section 6207 for any employee who is a participant in the address confidentiality program established pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1.
(c) This section does not prohibit agreements between a public employer and an exclusive representative that provide for orientation sessions that vary from the requirements of this section. If such an agreement is negotiated, the requirements of subdivisions (a) and (b) shall not apply to the extent that they are inconsistent with the agreement. In the absence of a mutual agreement regarding the orientation sessions, all of the requirements of subdivisions (a) and (b) shall apply.
(d) A public employer identified in Section 3552 does not unlawfully support or favor an employee organization or encourage employees to join any organization in preference to another as prohibited by subdivision (d) of Section 3506.5, subdivision (d) of Section 3519, subdivision (d) of Section 3543.5, or subdivision (d) of Section 3571 of this code, or subdivision (d) of Section 99563.7 of the Public Utilities Code, or any other state law, by permitting an exclusive representative the opportunity to present at employee orientations and informational programs as required by this section or consistent with a negotiated agreement pursuant to Section 3551.
(e) This section does not modify the scope of bargaining.
3551.
 Notwithstanding Sections 6254 and 6254.3, the public employer shall provide an exclusive representative with a list containing the name, job title, department, work location, telephone number, and home address of all employees in the bargaining unit at least every 90 days, unless more frequent or more detailed lists are required by an agreement with the exclusive representative. The information under this section shall be provided in a manner consistent with paragraph (3) of subdivision (a) of Section 6254.3. The information under this section shall be provided in a manner consistent with Section 6207 for any employee who is a participant in the address confidentiality program established pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1.
3552.
 (a) (1) Except as specified in paragraph (2), this chapter shall only apply to public employers subject to Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.7 (commencing with Section 3540), or Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, Chapter 7 (commencing with Section 71600) or Chapter 7.5 (commencing with Section 71800) of Title 8 of this code, or Chapter 7 (commencing with Section 99560) of Part 11 of Division 10 of the Public Utilities Code.
(2) This chapter does not apply to public employers with respect to in-home supportive services providers who are covered by Section 12301.25 of the Welfare and Institutions Code.
(b) For purposes of this chapter:
(1) “Newly hired public employee” means any employee, whether permanent, temporary, full time, or part time, hired by a public employer, to which this chapter applies, and who is still employed as of the date of the new hire orientation.
(2) “Exclusive representative” means the exclusive representative or recognized employee organization for the bargaining unit.
(c) The Public Employment Relations Board shall have jurisdiction over violations of this chapter. The powers and duties of the board described in Section 3541.3 shall apply, as appropriate, to this chapter.
SEC. 2.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII   B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.