Amended  IN  Assembly  March 20, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 513

Introduced by Assembly Member Rodriguez

February 07, 2023

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


LEGISLATIVE COUNSEL'S DIGEST


AB 513, as amended, Rodriguez. State employment: labor negotiations. 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 approve provisions requiring the expenditure of funds in a memorandum of understanding, to be identified by date, entered into between the state employer and State Bargaining Unit 6 (SBU 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 SBU 6 to meet and confer to renegotiate the affected provisions if funds for those provisions are not specifically appropriated by the Legislature.
This bill, notwithstanding the requirement for approval in the annual Budget Act, would require 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.

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 make nonsubstantive changes to the above-described provisions regarding construction of the Ralph C. Dills Act.

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 of the Government Code 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 subdivision (b) of Section 3517.6 of the Government Code and Section 3517.61 of the Government Code, the provisions of the memorandum of understanding included in Section 2 of this act 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 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 uniform 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.

This chapter shall not 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.