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AB-1530 Public employment: communication with exclusive representatives.(2023-2024)

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Date Published: 03/27/2023 09:00 PM
AB1530:v97#DOCUMENT

Amended  IN  Assembly  March 27, 2023
Amended  IN  Assembly  March 16, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1530


Introduced by Assembly Member Ortega

February 17, 2023


An act to add Section 3555.1 to the Government Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 1530, as amended, Ortega. Public employment: communication with exclusive representatives.
Existing law generally grants public employees the right to join employee organizations and to be represented by those organizations in their employment relation. Existing law requires a public employer, as specified, to provide the exclusive representative of those employees mandatory access to certain information and to provide public employees with reasonable leaves of absence without loss of compensation or other benefits for purposes related to that representation, as specified. Existing law makes findings and declarations related to these provisions, including that it is the intent of the Legislature that recognized exclusive representatives of California’s public employees be provided meaningful access to their represented members, as described.
This bill would make legislative findings and declarations related to an exclusive representative’s right to communicate with public employees that it represents, and would state the intent of the Legislature to ensure that recognized exclusive representatives of public employees be provided meaningful email access to their represented members, as specified. The bill would require public employers to ensure recognized exclusive representatives have safe or trusted email sender access, and would prohibit public employers from using technology to interfere with or prevent email communications between public employees and their recognized representatives, as provided.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 3555.1 is added to the Government Code, to read:

3555.1.
 (a) The Legislature also finds and declares that the ability of an exclusive representative to communicate with public employees that it represents includes communicating through email and other communication devices or methods made available to public employees by the employer in which the employer also communicates with employees. Therefore, it is the intent of the Legislature that recognized exclusive representatives of California’s public employees be provided meaningful email access to their represented members unless expressly prohibited by law.
(b) A public employer shall not use ensure recognized exclusive representatives have safe or trusted email sender access, and are prohibited from using digital or electronic blocks, filters, or other automated systems that interfere with or prevent communications, as described in subdivision (a), including, but not limited to, using filters, blocks, or by placing the exclusive representatives on a restricted or denied access list, or electronically labeling or categorizing the communications as “spam,” “junk,” “suspicious,” or other another label or category that may have the same effect.