Bill Text: CA AB2835 | 2015-2016 | Regular Session | Amended
Bill Title: Public employees: orientation and informational programs: exclusive representatives.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2016-11-30 - Died on Senate inactive file. [AB2835 Detail]
Download: California-2015-AB2835-Amended.html
BILL NUMBER: AB 2835 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 19, 2016
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN SENATE JUNE 21, 2016
AMENDED IN ASSEMBLY MARCH 15, 2016
INTRODUCED BY Assembly Member Cooper
( Principal coauthor: Assembly Member
Rendon )
(Principal coauthor: Senator
Pan coauthors: Senators
De León and Pan )
FEBRUARY 19, 2016
An act to add Chapter 11 (commencing with Section 3550) to
Division 4 of Title 1 of the Government Code, relating to public
employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 2835, as amended, Cooper. Public employees: orientation and
informational programs: recognized employee organizations.
exclusive representatives.
(1) Existing law, including the Meyers-Milias-Brown Act, the Ralph
C. Dills Act, the Trial Court Employment Protection and Governance
Act, the Trial Court Interpreter Employment and Labor Relations Act,
and the Los Angeles County Metropolitan Transportation Authority
Transit Employer-Employee Relations Act, as well as provisions
commonly referred to as the Educational Employment Relations Act and
the Higher Education Employer-Employee Relations Act, regulates the
labor relations of the state, the courts, and specified local public
agencies and their employees. Existing law establishes the Public
Employment Relations Board and prescribes its powers and duties, in
relation to these acts. These acts grant specified public employees
of these entities the right to form, join, and participate in the
activities of employee organizations of their choosing and requires
public agency employers, among other things, to meet and confer with
representatives of recognized employee organizations and exclusive
representatives on terms and conditions of employment.
This bill would require the public employers regulated by the acts
described above to provide newly hired employees, as defined, a
specified public employee orientation within 2
4 months of hiring. The bill would require these
orientations to be conducted, in-person, during the regular workday
of the employees attending. hiring, to be conducted
in-person, during work hours. The bill would require, if
employees are represented, that the exclusive representative be given
notice not less than 10 days in advance of an orientation. The bill
would require the pertinent exclusive representative to be permitted
to make a presentation of 30 minutes in the first half of the
orientation if employees are represented. The bill would,
with certain exceptions, require that the content of these
presentations be determined solely by the exclusive representative.
orientation.
This bill would require, prior to the implementation of
the provisions described above, that the public employer provide an
exclusive representative the same level of access to orientations
allowed as of June 1, 2016. The This bill would
require an affected public employer to provide the
recognized employee organization or exclusive
representative with the name, job title, department, work location,
phone number, and home address of newly hired employees within 30
days of the date of hire. The bill would permit a public
employer and a recognized employee organization or exclusive
representative to negotiate an agreement regarding these employee
orientation sessions. The bill would permit agreements
between a public employer and an exclusive
representative to negotiate an agreement that provides
that provide for orientations that vary from the
bill's requirements, but in absence of an agreement on orientations,
the bill's requirements would apply. The bill would also
require affected public employers to provide the exclusive
representative with the name, job title, department, work location,
telephone number, and home address of all employees in the bargaining
unit at least every 90 days, except as specified.
The bill would provide that affected public employers do not
unlawfully support or favor an employee organization or encourage
employees to join any organization in preference to another, as
specified, by permitting presentations at employee orientations or
informational programs, as described above, or consistent with a
negotiated agreement. The bill would grant the Public Employment
Relations Board jurisdiction over a violation of these provisions.
The bill would except from its provisions public employers with
respect to in-home supportive services providers, as specified.
By creating new duties for various local agencies, this bill would
impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, with regard to certain mandates, no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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) Except as set forth in subdivision (d), a
A public employer specified in Section 3552
shall provide all newly hired public employees a public
employee an orientation within two
four months of the time of hiring that
may include, but is not limited to, all of the following:
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.
(1) The personnel policies of the public employer, including
sexual harassment, violence prevention, and safety plans.
(2) Any applicable civil service rules.
(3) Any ethics or conflict-of-interest rules to which the public
employee is subject, if applicable.
(4) Any employer-provided benefit programs for which the public
employee is eligible.
(b) An orientation described in subdivision (a) shall meet all of
the following minimum requirements:
(1) Orientations shall be conducted in-person, during the regular
workday of employees attending. If employees are represented, the
exclusive representative shall be given not less than 10 days' notice
in advance of an orientation.
(2) If employees are represented, the exclusive representative
shall be permitted to make a presentation of 30 minutes, to begin in
the first half of the orientation that may include, but is not
limited to, the following:
(A) Information about the memorandum of understanding, including
the term of the agreement, eligibility to vote on its ratification,
and how to access the contract.
(B) Any union benefit for which members may be eligible.
(C) Contact information for the exclusive representative.
(3) If the representative from the exclusive representative is not
present at the designated start time of the part of the presentation
described in paragraph (2), there is no requirement that the
representative be afforded additional time.
(4) In addition to other representatives, each exclusive
representative may designate one employee representative who may
attend the orientation. The content of the exclusive representative's
presentation shall be determined solely by the exclusive
representative and shall not be subject to negotiation. The
presentation shall not include advocacy for or against a candidate
for political office or ballot measure. Prior to implementing the
orientation requirements set forth in this subdivision, the public
employer shall provide at least the level of access to, and the
opportunity to make presentations at, orientations that the public
employer allowed the exclusive representative as of June 1, 2016, and
nothing herein shall be construed as infringing upon or limiting
that access.
(c)
(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. 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.
(d) A
(c) This section does not prohibit
agreements between a public employer and an exclusive
representative may negotiate an agreement providing
that provide for orientation sessions that vary
from any requirement for orientations 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 this section
subdivisions (a) and (b) shall apply.
(e)
(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.
(f)
(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) This (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.
