Bill Text: CA AB83 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Collective bargaining: Judicial Council.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2017-10-15 - Chaptered by Secretary of State - Chapter 835, Statutes of 2017. [AB83 Detail]

Download: California-2017-AB83-Amended.html

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Amended  IN  Senate  June 20, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 83

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Introduced by Assembly Member Santiago

January 05, 2017

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An act to amend Section 3513 of, and to add Section 3522.5 to, add Chapter 10.4 (commencing with Section 3524.50) to Division 4 of Title 1 of the Government Code, relating to the Judicial Council.

LEGISLATIVE COUNSEL'S DIGEST

AB 83, as amended, Santiago. Collective bargaining: Judicial Council.

Existing law, the Ralph C. Dills Act (Dills Act), governs collective bargaining between the state and recognized state public employee organizations. Existing law excludes certain employees from coverage under the Dills Act, including, among others, managerial employees, supervisory employees, and confidential employees, as defined. Existing law creates the Public Employment Relations Board and authorizes it, among other things, to determine appropriate state employee bargaining units, as specified. The California Constitution prescribes the membership of the California Supreme Court and requires the Legislature to create appellate court districts, all of which are vested with the judicial power of the state. The California Constitution prescribes the membership and duties of the Judicial Council and authorizes the council to appoint an Administrative Director of the Courts. Existing law creates the Habeas Corpus Resource Center for the purpose of providing representation to people who are convicted and sentenced to death in this state and who are without counsel.

This bill would apply the Dills Act to employees of the Judicial Council, enact the Judicial Council Employer-Employee Relations Act, to provide Judicial Council employees, as defined, the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations, except for managerial, confidential, or supervisory employees, judicial officers, employees of the Supreme Court, the courts of appeal, or the Habeas Corpus Resource Center, and employees in positions designated by the Judicial Council in its sole authority and discretion as excluded positions, as specified. The bill would prohibit exempted managerial, supervisory, confidential, and excluded positions from exceeding ¹/₃ of the total authorized Judicial Council positions as stated in the Department of Finance Salaries and Wages Supplement. The bill would define the employer, for purposes of bargaining or meeting and conferring, as the Administrative Director of the Courts, or his or her designated representatives, acting with the authorization of the Chairperson of the Judicial Council. The bill would provide that references in the Dills Act to actions or decisions by the Governor, or his or her designated representative, mean actions or decisions by the Administrative Director of the Courts. The bill would prescribe rights, duties, and prohibitions in this context that parallel those in the Dills Act. The bill would prohibit the Public Employment Relations Board from including Judicial Council employees in a bargaining unit that includes employees other than those of the Judicial Council. The bill would make it a misdemeanor for any person to willfully resist, prevent, impede or interfere with any member of the board, or any of its agents, in the performance of duties pursuant to its provisions. By expanding the definition of a crime, this bill would impose a state-mandated local program.

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 no reimbursement is required by this act for a specified reason.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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Bill Text

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

SECTION 1.

 Chapter 10.4 (commencing with Section 3524.50) is added to Division 4 of Title 1 of the Government Code, to read:

CHAPTER  10.4. Judicial Council Employer-Employee Relations

3524.50.

 This chapter shall be known and may be cited as the Judicial Council Employer-Employee Relations Act.

3524.51.

 The Legislature finds and declares that it is the purpose of this chapter to promote full communication between the Judicial Council and its employees by providing a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment between the Judicial Council 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 Judicial Council by providing a uniform basis for recognizing the right of Judicial Council employees to join organizations of their own choosing and be represented by those organizations in their employment relations with the Judicial Council. It is further the purpose of this chapter, in order to foster peaceful employer-employee relations, to allow Judicial Council 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.

3524.52.

 For purposes of this chapter:

(a) “Board” means the Public Employment Relations Board. The powers and duties of the board described in Section 3541.3 shall also apply, as appropriate, to this chapter.

(b) “Confidential employee” means any employee who is required to develop or present management positions with respect to employer-employee relations or whose duties normally require access to confidential information contributing significantly to the development of management positions.

(c) “Employee organization” means any organization that includes employees of the Judicial Council and that has as one of its primary purposes representing these employees in their relations with the Judicial Council.

(d) “Excluded employees” means any employee occupying a position specifically designated by the Judicial Council pursuant to Section 3524.53.

(e) “Fair share fee” means the fee deducted by the Judicial Council from the salary or wages of a Judicial Council employee in an appropriate unit who does not become a member of, and financially support, the recognized employee organization. The fair share fee shall be used to defray the costs incurred by the recognized employee organization in fulfilling its duty to represent the employees in their employment relations with the Judicial Council, and shall not exceed the standard initiation fee, membership dues, and general assessments of the recognized employee organization.

(f) “Judicial Council,” or “employer,” for the purposes of bargaining or meeting and conferring in good faith, means the Administrative Director of the Courts, or his or her designated representative, acting with the authorization of the Chairperson of the Judicial Council.

(g) “Judicial Council employee” or “employee” means any employee of the Judicial Council, except managerial, supervisory, and confidential employees, and excluded employees, as designated by the Judicial Council pursuant to Section 3524.53, and a judicial officer or employee of the Supreme Court, the courts of appeal, or the Habeas Corpus Resource Center.

(h) “Maintenance of membership” means that all employees who voluntarily are, or who voluntarily become, members of a recognized employee organization shall remain members of that employee organization in good standing for a period as agreed to by the parties pursuant to a memorandum of understanding, commencing with the effective date of the memorandum of understanding. A maintenance of membership provision shall not apply to any employee who within 30 days prior to the expiration of the memorandum of understanding withdraws from the employee organization by sending a signed withdrawal letter to the employee organization and a copy to the Controller’s office.

(i) “Managerial employee” means any employee having significant responsibilities for formulating or administering agency or departmental policies and programs or administering an agency or department.

(j) “Mediation” means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours, and other terms and conditions of employment between representatives of the public agency and the recognized employee organization or recognized employee organizations through interpretation, suggestion, and advice.

(k) “Professional employee” means either of the following:

(1) Any employee engaged in any of the following types of work:

(A) Predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work.

(B) Work involving the consistent exercise of discretion and judgment in its performance.

(C) Work of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time.

(D) Work requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual, or physical processes.

(2) Any employee for which both of the following apply:

(A) Completed the courses of specialized intellectual instruction and study described in subparagraph (D) of paragraph (1).

(B) Is performing related work under the supervision of a professional person to qualify himself or herself to become a professional employee as defined in paragraph (1).

(l) “Recognized employee organization” means an employee organization that has been recognized by the Judicial Council as the exclusive representative of the employees in an appropriate unit.

(m) “Supervisory employee” means any individual, regardless of the job description or title, having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend this action, if, in connection with the foregoing, the exercise of this authority is not of a merely routine or clerical nature, but requires the use of independent judgment. Employees whose duties are substantially similar to those of their subordinates shall not be considered to be supervisory employees.

3524.53.

 The Judicial Council shall have the sole authority and discretion to designate Judicial Council state employee positions as excluded positions, provided that managerial, supervisory, confidential, and excluded positions not included in bargaining units under this chapter shall not exceed one-third of the total authorized Judicial Council positions as stated in the Department of Finance Salaries and Wages Supplement. Designation of the excluded positions under this section shall not be subject to review by the board.

3524.54.

 Any person who willfully resists, prevents, impedes or interferes with any member of the board, or any of its agents, in the performance of duties pursuant to this chapter, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of not more than one thousand dollars ($1,000).

3524.55.

 The initial determination as to whether the charges of unfair practices are justified, and, if so, what remedy is necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the board, except that in an action to recover damages due to an unlawful strike, the board shall have no authority to award strike-preparation expenses as damages, and shall have no authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. Procedures for investigating, hearing, and deciding these cases shall be devised and promulgated by the board and shall include all of the following:

(a) Any employee, employee organization, or employer shall have the right to file an unfair practice charge, except that the board shall not do either of the following:

(1) Issue a complaint in respect of any charge based upon an alleged unfair practice occurring more than six months prior to the filing of the charge.

(2) Issue a complaint against conduct also prohibited by the provisions of the agreement between the parties until the grievance machinery of the agreement, if it exists and covers the matter at issue, has been exhausted, either by settlement or binding arbitration. However, when the charging party demonstrates that resort to contract grievance procedure would be futile, exhaustion shall not be necessary. The board shall have discretionary jurisdiction to review a settlement or arbitration award reached pursuant to the grievance machinery solely for the purpose of determining whether it is repugnant to the purposes of this chapter. If the board finds that the settlement or arbitration award is repugnant to the purposes of this chapter, it shall issue a complaint on the basis of a timely filed charge, and hear and decide the case on the merits; otherwise, it shall dismiss the charge. The board shall, in determining whether the charge was timely filed, consider the six-month limitation set forth in this subdivision to have been tolled during the time it took the charging party to exhaust the grievance machinery.

(b) The board shall not have authority to enforce agreements between the parties, and shall not issue a complaint on any charge based on alleged violation of an agreement that would not also constitute an unfair practice under this chapter.

(c) The board shall have the power to issue a decision and order directing an offending party to cease and desist from the unfair practice and to take such affirmative action, including, but not limited to, the reinstatement of employees with or without back pay, as will effectuate the policies of this chapter.

3524.56.

 Except as otherwise provided by the Legislature, Judicial Council employees shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Judicial Council employees also shall have the right to refuse to join or participate in the activities of employee organizations, except that nothing shall preclude the parties from agreeing to a maintenance of membership provision or a fair share fee provision pursuant to a memorandum of understanding. In any event, Judicial Council employees shall have the right to represent themselves individually in their employment relations with the Judicial Council.

3524.57.

 Employee organizations shall have the right to represent their members in their employment relations with the Judicial Council, except that once an employee organization is recognized as the exclusive representative of an appropriate unit, the recognized employee organization is the only organization that may represent that unit in employment relations with the Judicial Council. Employee organizations may establish reasonable restrictions regarding who may join and may make reasonable provisions for the dismissal of individuals from membership. This section shall not prohibit any employee from appearing in his or her own behalf in his or her employment relations with the Judicial Council.

3524.58.

 All employee organizations shall have the right to have membership dues, initiation fees, membership benefit programs, and general assessments deducted pursuant to subdivision (a) of Section 1152 and Section 1153 until an employee organization is recognized as the exclusive representative for employees in an appropriate unit, and then any deductions as to any employee in the negotiating unit shall not be permissible except to the exclusive representative.

3524.59.

 (a) Once an employee organization is recognized as the exclusive representative of an appropriate unit, it may enter into an agreement with the Judicial Council providing for organizational security in the form of maintenance of membership or fair share fee deduction.

(b) The Judicial Council shall furnish the recognized employee organization with sufficient employment data to allow the organization to calculate membership fees and the appropriate fair share fees, and shall deduct the amount specified by the recognized employee organization from the salary or wages of every employee for the membership fee or the fair share fee. These fees shall be remitted monthly to the recognized employee organization along with an adequate itemized record of the deductions, including, if required by the recognized employee organization, machine readable data. Fair share fee deductions shall continue until the effective date of a successor agreement or implementation of the Judicial Council’s last, best, and final offer, whichever occurs first. The Controller shall retain, from the fair share fee deduction, an amount equal to the cost of administering this section. The Judicial Council shall not be liable in any action by a Judicial Council employee seeking recovery of, or damages for, improper use or calculation of fair share fees.

(c) Notwithstanding subdivision (b), any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to financially support the recognized employee organization. That employee, in lieu of a membership fee or a fair share fee deduction, shall instruct the employer to deduct and pay sums equal to the fair share fee to a nonreligious, nonlabor organization, charitable fund approved by the Department of General Services for receipt of charitable contributions by payroll deductions.

(d) A fair share fee provision in a memorandum of understanding that is in effect may be rescinded by a majority vote of all the employees in the unit covered by the memorandum of understanding, subject to all of the following:

(1) A request for the vote shall be supported by a petition containing the signatures of at least 30 percent of the employees in the unit.

(2) The vote shall be by secret ballot.

(3) The vote may be taken at any time during the term of the memorandum of understanding, but in no event shall there be more than one vote taken during the term. If the board determines that the appropriate number of signatures have been collected, it shall conduct the vote in a manner that it shall prescribe. Notwithstanding this subdivision, the state employer and the recognized employee organization may negotiate, and by mutual agreement provide for, an alternative procedure or procedures regarding a vote on a fair share fee provision.

(e) Every recognized employee organization that has agreed to a fair share fee provision shall keep an adequate itemized record of its financial transactions and shall make available annually, to the Department of General Services and to the employees in the unit, within 90 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or comparable officers. In the event of failure of compliance with this section, any employee in the unit may petition the Department of General Services for an order compelling this compliance, or the Department of General Services may issue a compliance order on its own motion.

(f) If an employee who holds conscientious objections pursuant to subdivision (c) requests individual representation in a grievance, arbitration, or administrative hearing from the recognized employee organization, the recognized employee organization is authorized to charge the employee for the reasonable cost of the representation.

(g) An employee who pays a fair share fee shall be entitled to fair and impartial representation by the recognized employee organization. A breach of this duty shall be deemed to have occurred if the employee organization’s conduct in representation is arbitrary, discriminatory, or in bad faith.

3524.60.

 Any Judicial Council employee who pays a fair share fee shall have the right to demand and receive from the recognized employee organization, under procedures established by the recognized employee organization, a return of any part of that fee paid by him or her which represents the employee’s additional pro rata share of expenditures by the recognized employee organization that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the terms and conditions of employment, or applied towards the cost of any other benefits available only to members of the recognized employee organization. The pro rata share subject to refund shall not reflect, however, the costs of support of lobbying activities designed to foster policy goals and collective negotiations and contract administration, or to secure for the employees represented advantages in wages, hours, and other conditions of employment in addition to those secured through meeting and conferring with the Judicial Council employer. The board may compel the recognized employee organization to return that portion of a fair share fee which the board may determine to be subject to refund under the provisions of this section.

3524.61.

 The scope of representation shall be limited to wages, hours, and other terms and conditions of employment, except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order.

3524.62.

 (a) Except in cases of emergency as provided in subdivision (b), the employer shall give reasonable written notice to each recognized employee organization affected by any law, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the employer, and shall give such recognized employee organizations the opportunity to meet and confer with the administrative officials or their delegated representatives as may be properly designated by law.

(b) In cases of emergency when the employer determines that a law, rule, resolution, or regulation must be adopted immediately without prior notice or meeting with a recognized employee organization, the administrative officials or their delegated representatives as may be properly designated by law shall provide notice and opportunity to meet and confer in good faith at the earliest practical time following the adoption of the law, rule, resolution, or regulation.

3524.63.

 The Administrative Director of the Courts, or his or her designated representatives, acting with the authorization of the Chairperson of the Judicial Council, shall meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations, and shall consider fully such presentations as are made by the employee organization on behalf of its members prior to arriving at a determination of policy or course of action. For purposes of this section, the term “meet and confer in good faith” means that the Administrative Director of the Courts, or his or her designated representatives, and representatives of recognized employee organizations, shall have the mutual obligation personally to meet and confer promptly upon request by either party and continue to meet and confer for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on matters within the scope of representation prior to the adoption by the state of its final budget for the ensuing year. The process should include adequate time for the resolution of impasses.

3524.64.

 If an agreement is reached between the Administrative Director of the Courts and the recognized employee organization, they shall jointly prepare a written memorandum of the agreement which shall be presented, when appropriate, to the Legislature for appropriation of funding and amendment of any related statutes.

3524.65.

 (a) Any side letter, appendix, or other addendum to a properly ratified memorandum of understanding that requires the expenditure of two hundred fifty thousand dollars ($250,000) or more related to salary and benefits and that is not already contained in the original memorandum of understanding or the Budget Act, shall be provided by the Judicial Council to the Joint Legislative Budget Committee. The Joint Legislative Budget Committee shall determine within 30 days after receiving the side letter, appendix, or other addendum whether it presents substantial additions that are not reasonably within the parameters of the original memorandum of understanding and thereby requires legislative action to ratify the side letter, appendix, or other addendum.

(b) A side letter, appendix, or other addendum to a properly ratified memorandum of understanding that does not require the expenditure of funds shall be expressly identified by the Judicial Council if that side letter, appendix, or other addendum is to be incorporated in a subsequent memorandum of understanding submitted to the Legislature for appropriation or statutory amendment.

3524.66.

 If the Legislature does not fully fund any provision of the memorandum of understanding that requires the expenditure of funds, either party may reopen negotiations on all or part of the memorandum of understanding. Nothing herein shall prevent the parties from agreeing and effecting those provisions of the memorandum of understanding which do not require legislative action.

3524.67.

 (a) If a memorandum of understanding has expired, and the Administrative Director of the Courts and the recognized employee organization have not agreed to a new memorandum of understanding and have not reached an impasse in negotiations, subject to subdivision (b), the parties to the agreement shall continue to give effect to the provisions of the expired memorandum of understanding, including, but not limited to, all provisions that supersede existing law, any arbitration provisions, any no-trike provisions, any agreements regarding matters covered in the Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.), and any provisions covering fair share fee deduction consistent with Section 3515.7.

(b) If the Administrative Director of the Courts and the recognized employee organization reach an impasse in negotiations for a new memorandum of understanding, the Judicial Council may implement any or all of its last, best, and final offer. Any proposal in the Judicial Council’s last, best, and final offer that, if implemented, would conflict with existing statutes or require the expenditure of funds shall be presented to the Legislature for appropriation of funding, and any related statutory changes shall be controlling without further legislative action. Implementation of the last, best, and final offer does not relieve the parties of the obligation to bargain in good faith and reach an agreement on a memorandum of understanding if circumstances change, and does not waive rights that the recognized employee organization has under this chapter.

3524.68.

 If after a reasonable period of time, the Administrative Director of the Courts and the recognized employee organization fail to reach agreement, the Administrative Director of the Courts and the recognized employee organization may agree upon the appointment of a mediator mutually agreeable to the parties, or either party may request the board to appoint a mediator. When both parties mutually agree upon a mediator, costs of mediation shall be divided one-half to the Judicial Council and one-half to the recognized employee organization. If the board appoints the mediator, the costs of mediation shall be paid by the board.

3524.69.

 A reasonable number of employee representatives of recognized employee organizations shall be granted reasonable time off without loss of compensation or other benefits when formally meeting and conferring with representatives of the Judicial Council on matters within the scope of representation. This section shall apply only to Judicial Council employees, as defined by subdivision (c) of Section 3524.52, and only for periods when a memorandum of understanding is not in effect.

3524.70.

 Managerial employees, confidential employees, supervisory employees, and excluded employees shall be prohibited from holding elective office in an employee organization that also represents Judicial Council employees.

3524.71.

 It shall be unlawful for the Judicial Council to do any of the following:

(a) Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by this chapter. For purposes of this subdivision, “employee” includes an applicant for employment or reemployment.

(b) Deny to employee organizations rights guaranteed to them by this chapter.

(c) Refuse or fail to meet and confer in good faith with a recognized employee organization.

(d) Dominate or interfere with the formation or administration of any employee organization, or contribute financial or other support to it, or in any way encourage employees to join any organization in preference to another.

(e) Refuse to participate in good faith in the mediation procedure set forth in Section 3524.68.

3524.72.

 It shall be unlawful for an employee organization to do any of the following:

(a) Cause or attempt to cause the Judicial Council to violate Section 3524.71.

(b) Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by this chapter.

(c) Refuse or fail to meet and confer in good faith with the Judicial Council in relation to the employees for whom it is the recognized employee organization.

(d) Refuse to participate in good faith in the mediation procedure set forth in Section 3524.68.

3524.73.

 (a) Judicial review of a unit determination shall only be allowed under either of the following circumstances:

(1) When the board, in response to a petition from the state or an employee organization, agrees that the case is one of special importance and joins in the request for the review.

(2) When the issue is raised as a defense to an unfair practice complaint. A board order directing an election shall not be stayed pending judicial review.

Upon receipt of a board order joining in the request for judicial review, a party to the case may petition for a writ of extraordinary relief from the unit determination decision or order.

(b) Any charging party, respondent, or intervenor aggrieved by a final decision or order of the board in an unfair practice case, except a decision of the board not to issue a complaint in such a case, may petition for a writ of extraordinary relief from such decision or order.

(c) The petition shall be filed in the district court of appeal in the appellate district where the unit determination or unfair practice dispute occurred. The petition shall be filed within 30 days after issuance of the board’s final order, order denying reconsideration, or order joining in the request for judicial review, as applicable. Upon the filing of the petition, the court shall cause notice to be served upon the board and thereupon shall have jurisdiction of the proceeding. The board shall file in the court the record of the proceeding, certified by the board, within 10 days after the clerk’s notice unless the time is extended by the court for good cause shown. The court shall have jurisdiction to grant to the board any temporary relief or restraining order it deems just and proper and in like manner to make and enter a decree enforcing, modifying, or setting aside the order of the board. The findings of the board with respect to questions of fact, including ultimate facts, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The provisions of Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure relating to writs shall, except where specifically superseded herein, apply to proceedings pursuant to this section.

(d) If the time to petition for extraordinary relief from a board decision has expired, the board may seek enforcement of any final decision or order in a district court of appeal or a superior court in the district where the unit determination or unfair practice case occurred. If, after hearing, the court determines that the order was issued pursuant to procedures established by the board and that the person or entity refuses to comply with the order, the court shall enforce the order by writ of mandamus. The court shall not review the merits of the order.

3524.74.

 (a) The Judicial Council shall grant exclusive recognition to employee organizations designated or selected pursuant to rules established by the board for employees of the Judicial Council or an appropriate unit thereof, subject to the right of an employee to represent himself or herself.

(b) The board shall establish reasonable procedures for petitions and for holding elections and determining appropriate units pursuant to subdivision (a).

(c) The board, as it determines appropriate bargaining units, shall not include Judicial Council employees in a bargaining unit that includes employees other than those of the Judicial Council.

(d) The board shall also establish procedures whereby recognition of employee organizations formally recognized as exclusive representatives pursuant to a vote of the employees may be revoked by a majority vote of the employees only after a period of not less than 12 months following the date of such recognition.

3524.75.

 The Judicial Council shall adopt reasonable rules and regulations for all of the following:

(a) Registering employee organizations, as defined by subdivision (c) of Section 1150, and bona fide associations, as defined by subdivision (d) of Section 1150.

(b) Determining the status of organizations and associations as employee organizations or bona fide associations.

(c) Identifying the officers and representatives who officially represent employee organizations and bona fide associations.

3524.76.

 Notwithstanding any other law, if a decision by an administrative law judge regarding the recognition or certification of an employee organization is appealed, the decision shall be deemed the final order of the board if the board does not issue a ruling that supersedes the decision on or before 180 days after the appeal is filed.

3524.77.

 (a) In determining an appropriate unit, the board shall be governed by the criteria in subdivision (b). However, the board shall not direct an election in a unit unless one or more of the employee organizations involved in the proceeding is seeking or agrees to an election in such a unit.

(b) In determining an appropriate unit, the board shall take into consideration all of the following criteria:

(1) The internal and occupational community of interest among the employees, including, but not limited to, all of the following:

(A) The extent to which they perform functionally related services or work toward established common goals.

(B) The history of employee representation in state government and in similar employment.

(C) The extent to which the employees have common skills, working conditions, job duties, or similar educational or training requirements.

(D) The extent to which the employees have common supervision.

(2) The effect that the projected unit will have on the meet and confer relationships, emphasizing the availability and authority of employer representatives to deal effectively with employee organizations representing the unit, and taking into account such factors as work location, the numerical size of the unit, the relationship of the unit to organizational patterns of the state government, and the effect on the existing classification structure or existing classification schematic of dividing a single class or single classification schematic among two or more units.

(3) The effect of the proposed unit on efficient operations of the employer and the compatibility of the unit with the responsibility of Judicial Council and its employees to serve the public.

(4) The number of employees and classifications in a proposed unit and its effect on the operations of the employer, on the objectives of providing the employees the right to effective representation, and on the meet and confer relationship.

(5) The impact on the meet and confer relationship created by fragmentation of employees or any proliferation of units among the employees of the employer.

(6) Notwithstanding the foregoing provisions of this section, or any other provision of law, an appropriate group of skilled crafts employees shall have the right to be a separate unit of representation based upon occupation. Skilled crafts employees shall include, but not necessarily be limited to, employment categories such as carpenters, plumbers, electricians, painters, and operating engineers.

(c) There shall be a presumption that professional employees and nonprofessional employees should not be included in the same unit. However, the presumption shall be rebuttable, depending upon what the evidence pertinent to the criteria set forth in subdivision (b) establishes.

3524.78.

 (a) (1) All initial meet and confer proposals of recognized employee organizations shall be presented to the employer at a public meeting, and those proposals thereafter shall be a public record.

(2) All initial meet and confer proposals or counterproposals of the employer shall be presented to the recognized employee organization at a public meeting, and those proposals or counterproposals thereafter shall be a public record.

(b) Except in cases of emergency as provided in subdivision (d), no meeting and conferring shall take place on any proposal subject to subdivision (a) until not less than seven consecutive days have elapsed to enable the public to become informed, and to publicly express itself regarding the proposals, as well as regarding other possible subjects of meeting and conferring, and thereafter, the employer shall, in an open meeting, hear public comment on all matters related to the meet and confer proposals.

(c) Forty-eight hours after any proposal that includes any substantive subject that has not first been presented as proposals for public reaction pursuant to this section is offered during any meeting and conferring session, those proposals and the position, if any, taken by the representatives of the employer, shall be a public record.

(d) Subdivision (b) shall not apply when the employer determines that, due to an act of God, natural disaster, or other emergency or calamity affecting the state, and that is beyond the control of the employer or recognized employee organization, it must meet and confer and take action upon a proposal immediately and without sufficient time for the public to become informed and to publicly express itself. In those cases, the results of the meeting and conferring shall be made public as soon as reasonably possible.

3524.79.

 This chapter shall not be construed to apply Section 923 of the Labor Code to Judicial Council employees.

3524.80.

 Nothing in this chapter shall be construed as modifying or eliminating any wages, hours, or terms and conditions of employment for Judicial Council employees effective and operative on or before January 1, 2018. All wages, hours, and terms and conditions of employment for Judicial Council employees effective and operative on or before January 1, 2018, shall remain in effect unless and until changed in accordance with Judicial Council procedures or pursuant to a memorandum of understanding or agreement between the Judicial Council and a recognized employee organization.

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 will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SECTION 1.Section 3513 of the Government Code is amended to read:

3513.

As used in this chapter:

(a)“Employee organization” means any organization that includes employees of the state and that has as one of its primary purposes representing these employees in their relations with the state.

(b)“Recognized employee organization” means an employee organization that has been recognized by the state as the exclusive representative of the employees in an appropriate unit.

(c)(1)“State employee” means any civil service employee of the state, and the teaching staff of schools under the jurisdiction of the State Department of Education or the Superintendent of Public Instruction, except managerial employees, confidential employees, supervisory employees, employees of the Department of Human Resources, professional employees of the Department of Finance engaged in technical or analytical state budget preparation other than the auditing staff, professional employees in the Personnel/Payroll Services Division of the Controller’s office engaged in technical or analytical duties in support of the state’s personnel and payroll systems other than the training staff, employees of the Legislative Counsel Bureau, employees of the Bureau of State Audits, employees of the office of the Inspector General, employees of the board, conciliators employed by the California State Mediation and Conciliation Service, employees of the Office of the State Chief Information Officer except as otherwise provided in Section 11546.5, and intermittent athletic inspectors who are employees of the State Athletic Commission.

(2)“State employee” also has the meaning provided by Section 3522.5.

(d)“Mediation” means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours, and other terms and conditions of employment between representatives of the public agency and the recognized employee organization or recognized employee organizations through interpretation, suggestion, and advice.

(e)“Managerial employee” means any employee having significant responsibilities for formulating or administering agency or departmental policies and programs or administering an agency or department.

(f)“Confidential employee” means any employee who is required to develop or present management positions with respect to employer-employee relations or whose duties normally require access to confidential information contributing significantly to the development of management positions.

(g)“Supervisory employee” means any individual, regardless of the job description or title, having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend this action, if, in connection with the foregoing, the exercise of this authority is not of a merely routine or clerical nature, but requires the use of independent judgment. Employees whose duties are substantially similar to those of their subordinates shall not be considered to be supervisory employees.

(h)“Board” means the Public Employment Relations Board. The Educational Employment Relations Board shall be renamed the Public Employment Relations Board as provided in Section 3540. The powers and duties of the board described in Section 3541.3 shall also apply, as appropriate, to this chapter.

(i)“Maintenance of membership” means that all employees who voluntarily are, or who voluntarily become, members of a recognized employee organization shall remain members of that employee organization in good standing for a period as agreed to by the parties pursuant to a memorandum of understanding, commencing with the effective date of the memorandum of understanding. A maintenance of membership provision shall not apply to any employee who within 30 days prior to the expiration of the memorandum of understanding withdraws from the employee organization by sending a signed withdrawal letter to the employee organization and a copy to the Controller’s office.

(j)(1)“State employer,” or “employer,” for the purposes of bargaining or meeting and conferring in good faith, means the Governor or his or her designated representatives.

(2)“State employer,” or “employer,” also has the meaning provided by Section 3522.5.

(k)“Fair share fee” means the fee deducted by the state employer from the salary or wages of a state employee in an appropriate unit who does not become a member of and financially support the recognized employee organization. The fair share fee shall be used to defray the costs incurred by the recognized employee organization in fulfilling its duty to represent the employees in their employment relations with the state, and shall not exceed the standard initiation fee, membership dues, and general assessments of the recognized employee organization.

SEC. 2.Section 3522.5 is added to the Government Code, to read:

3522.5.

(a)This chapter shall apply to the Judicial Council and its employees subject to the provisions of this section.

(b)For the purpose of applying this chapter to the Judicial Council and its employees:

(1)“State employee” means an employee of the Judicial Council, except a managerial, supervisory, or confidential employee, or an employee in a position designated as an excluded position pursuant to subdivision (e). “State employee” does not include a judicial officer or employee of the Supreme Court, the courts of appeal, or the Habeas Corpus Resource Center.

(2)“State employer” or “employer,” for purposes of bargaining or meeting and conferring in good faith, means the Administrative Director of the Courts, or his or her designated representatives, acting with the authorization of the Chairperson of the Judicial Council.

(3)References to actions or decisions by the Governor, or his or her designated representative, shall mean actions or decisions by the Administrative Director of the Courts, or his or her designated representative, acting with the authorization of the Chairperson of the Judicial Council.

(c)Sections 3517.5, 3517.6, 3517.63, and 3517.7 shall not apply to the Judicial Council and its employees.

(d)The board, as it determines appropriate bargaining units, shall not include Judicial Council employees in a bargaining unit that includes employees other than those of the Judicial Council.

(e)The Judicial Council has the sole authority and discretion to designate Judicial Council employee positions as excluded positions, provided that managerial, supervisory, confidential, and excluded positions not included in bargaining units under this section shall not exceed one third of the total authorized Judicial Council positions as stated in the Department of Finance Salaries and Wages Supplement. Designation of the excluded positions under this section shall not be subject to review by the board.