SECTIONS 3565-3572.5 - California Statutes

GOVERNMENT CODE

SECTION 3565-3572.5

3565. Higher education 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 and for the purpose of meeting and
conferring. Higher education employees shall also have the right to
refuse to join employee organizations or to participate in the
activities of these organizations subject to the organizational
security provision permissible under this chapter.

3566. The Trustees of the California State University shall adopt
reasonable rules and regulations for all of the following:
(a) Registering employee organizations, as defined in Section
3562, and bona fide associations, as defined in 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.

3567. Any employee or group of employees may at any time, either
individually or through a representative of their own choosing,
present grievances to the employer and have such grievances adjusted,
without the intervention of the exclusive representative; provided,
the adjustment is reached prior to arbitration pursuant to Section
3589, and the adjustment is not inconsistent with the terms of a
written memorandum then in effect. The employer shall not agree to
resolution of the grievance until the exclusive representative has
received a copy of the grievance and the proposed resolution, and has
been given the opportunity to file a response.

3568. Subject to reasonable regulations, employee organizations
shall have the right of access at reasonable times to areas in which
employees work, the right to use institutional bulletin boards,
mailboxes and other means of communication, and the right to use
institutional facilities at reasonable times for the purpose of
meetings concerned with the exercise of the rights guaranteed by this
act.

3569. A reasonable number of representatives of an exclusive
representative shall have the right to receive reasonable periods of
released or reassigned time without loss of compensation when engaged
in meeting and conferring and for the processing of grievances prior
to the adoption of the initial memorandum of understanding. When a
memorandum of understanding is in effect, released or reassigned time
shall be in accordance with the memorandum.

3569.5. (a) The state shall allow up to three employee
representatives from each employee organization which represents
employees of the California State University reasonable time off
during working hours without loss of compensation or other benefits,
to attend and make oral presentations at meetings of the Trustees of
the California State University, or a committee thereof, held during
the working hours of the employees, if a matter affecting conditions
of employment is scheduled for consideration.
(b) Any employee organization wishing to send employee
representatives to make oral presentations at such a meeting shall
submit a request to the trustees far enough in advance to permit
scheduling of speakers pursuant to rules and regulations of the
trustees. Each employee organization shall be limited to not more
than three speakers at any meeting.
(c) Only employee representatives who are named in the request
submitted to the trustees as employee representatives who will make
an oral presentation, and who intend to make an oral presentation,
shall be allowed time off as specified in subdivision (a). Other
employees may attend meetings by taking vacation time, compensating
time off, or time off without pay if the workload permits, when
approved by their supervisor.
(d) Nothing in this section shall preclude the trustees from
adopting rules and regulations relating to time off for employees not
represented by an employee organization to attend meetings.
(e) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to this
chapter, the memorandum of understanding shall be controlling without
further legislative action, except that if the provisions of a
memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.

3570. Higher education employers, or such representatives as they
may designate, shall engage in meeting and conferring with the
employee organization selected as exclusive representative of an
appropriate unit on all matters within the scope of representation.

3571. It shall be unlawful for the higher education employer 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 engage in meeting and conferring with an
exclusive representative.
(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. However, subject to rules and regulations
adopted by the board pursuant to Section 3563, an employer shall not
be prohibited from permitting employees to engage in meeting and
conferring or consulting during working hours without loss of pay or
benefits.
(e) Refuse to participate in good faith in the impasse procedure
set forth in Article 9 (commencing with Section 3590).
(f) Consult with any academic, professional, or staff advisory
group on any matter within the scope of representation for employees
who are represented by an exclusive representative, or for whom an
employee organization has filed a request for recognition or
certification as an exclusive representative until such time as the
request is withdrawn or an election has been held in which "no
representative" received a majority of the votes cast. This
subdivision is not intended to diminish the prohibition of unfair
practices contained in subdivision (d). For the purposes of this
subdivision, the term "academic" shall not be deemed to include the
academic senates.

3571.1. It shall be unlawful for an employee organization to:
(a) Cause or attempt to cause the higher education employer to
violate Section 3571.
(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 engage in meeting and conferring with the
higher education employer.
(d) Refuse to participate in good faith in the impasse procedure
set forth in Article 9 (commencing with Section 3590).
(e) Fail to represent fairly and impartially all the employees in
the unit for which it is the exclusive representative.
(f) Require of employees covered by a memorandum of understanding
to which it is a party the payment of a fee, as a condition precedent
to becoming a member of such organization, in an amount which the
board finds excessive or discriminatory under all the circumstances.
In making such a finding, the board shall consider, among other
relevant factors, the practices and customs of employee organizations
in higher education, and the wages currently paid to the employees
affected.
(g) Cause, or attempt to cause, an employer to pay or deliver, or
agree to pay or deliver, any money or other thing of value, in the
nature of an exaction, for services which are not performed or are
not to be performed.

3571.3. The expression of any views, arguments, or opinions, or the
dissemination thereof, whether in written, printed, graphic, or
visual form, shall not constitute, or be evidence of, an unfair labor
practice under any provision of this chapter, unless such expression
contains a threat of reprisal, force, or promise of benefit;
provided, however, that the employer shall not express a preference
for one employee organization over another employee organization.

3572. This section shall apply only to the California State
University.
(a) The duty to meet and confer in good faith requires the parties
to begin negotiations prior to the adoption of the final budget for
the ensuing year sufficiently in advance of the adoption date so that
there is adequate time for agreement to be reached, or for the
resolution of an impasse. The California State University shall
maintain close liaison with the Department of Finance and the
Legislature relative to the meeting and conferring on provisions of
the written memoranda that have fiscal ramifications. The Governor
shall appoint one representative to attend the meeting and
conferring, including the impasse procedure, to advise the parties on
the views of the Governor on matters that would require an
appropriation or legislative action, and the Speaker of the Assembly
and the Senate Committee on Rules may each appoint one representative
to attend the meeting and conferring to advise the parties on the
views of the Legislature on matters that would require an
appropriation or legislative action.
(b) No written memoranda reached pursuant to this chapter that
require budgetary or curative action by the Legislature or other
funding agencies shall be effective unless and until that action has
been taken. Following execution of written memoranda of
understanding, an appropriate request for financing or budgetary
funding for all state-funded employees or for necessary legislation
shall be forwarded promptly to the Legislature and the Governor or
other funding agencies. When memoranda require legislative action
pursuant to this section, if the Legislature or the Governor fail to
fully fund the memoranda or to take the requisite curative action,
the entire memoranda shall be referred back to the parties for
further meeting and conferring unless the parties agree that
provisions of the memoranda that are nonbudgetary and do not require
funding shall take effect whether or not the funding requests
submitted to the Legislature are approved.

3572.1. This section shall apply only to the California Maritime
Academy.
(a) The duty to engage in meeting and conferring requires the
parties to begin meeting and conferring at least 60 days prior to the
expiration of memoranda of understanding, or May 1, if earlier, of
any year in which a memorandum shall expire, or May 1, if there is no
existing memorandum of understanding. The trustees shall maintain
close liaison with the Department of Finance and the Legislature
relative to the meeting and conferring on provisions of the written
memoranda that have fiscal ramifications.
No written memoranda reached pursuant to this chapter that require
budgetary or curative action by the Legislature or other funding
agencies, including the Federal Maritime Administration, shall be
effective unless and until that action has been taken. Following
execution of written memoranda of understanding, an appropriate
request for financing or budgetary funding for all state-funded
employees or for necessary legislation will be forwarded promptly to
the Legislature and the Governor or other funding agencies. When
memoranda require legislative action pursuant to this section, if the
Legislature or the Governor fails fully to fund the memoranda or to
take the requisite curative action, the entire memoranda shall be
referred back to the parties for further meeting and conferring;
provided, however, that the parties may agree that provisions of the
memoranda that are nonbudgetary and do not require funding shall take
effect whether or not the funding requests submitted to the
Legislature are approved.
The Legislature recognizes that the California Maritime Academy's
sources of funding are multiple, and approval by the Legislature, and
by other public agencies, as to employees funded by those agencies,
may be required prior to implementation of increased expenditures
resulting from agreements reached in accordance with this chapter.
(b) The Legislature finds that federal funding in support of the
California Maritime Academy is essential. The trustees may suspend or
modify any provision of a memorandum of understanding that
jeopardizes federal funding, but shall provide notice to exclusive
representatives of any such suspension or modification and shall meet
and confer with the exclusive representative, if requested to do so,
to explain the need for, and the effects of, the suspension or
modification.
(c) Any memorandum of understanding that is in effect at the time
that the employer-employee relations of the California Maritime
Academy is transferred from the Ralph C. Dills Act (Chapter 10.3
(commencing with Section 3512) of Division 4 of Title 1), to the
Higher Education Employer-Employee Relations Act (Chapter 12
(commencing with Section 3560) of Division 4 of Title 1), shall
remain in effect until the end of the term of the memorandum of
understanding, upon extension of the contracts in existence on June
30, 1995, or until superseded by a new memorandum of understanding.
(d) If agreement is reached to extend existing memoranda of
understanding covering California Maritime Academy employees beyond
the current June 30, 1995, expiration date, then any decisions,
agreements, or settlements made by the California State University in
the administration of the memoranda of understanding relative to
employees of the California Maritime Academy shall not be binding
upon, or considered as precedent required to be followed by, the
Department of Personnel Administration.
(e) This section shall become operative on July 1, 1995.

3572.3. This section shall apply only to the University of
California.
(a) The duty to engage in meeting and conferring requires the
parties to begin meeting and conferring at least 60 days prior to the
expiration of memoranda of understanding, or the May 1, if earlier,
of any year in which a memorandum shall expire, or May 1, if there is
no existing memorandum. The University of California and Hastings
College of the Law shall maintain close liaison with the Department
of Finance and the Legislature relative to the meeting and conferring
on provisions of the written memoranda which have fiscal
ramifications.
No written memoranda reached pursuant to the provisions of this
chapter which require budgetary or curative action by the Legislature
or other funding agencies shall be effective unless and until such
an action has been taken. Following execution of written memoranda of
understanding, an appropriate request for financing or budgetary
funding in the aggregate for all state-funded employees or for
necessary legislation will be forwarded promptly to the Legislature
and the Governor or other funding agencies. When memoranda require
legislative action pursuant to this section, if the Legislature or
the Governor fail to fully fund the memoranda or to take the
requisite curative action, the entire memoranda shall be referred
back to the parties for further meeting and conferring; provided,
however, that the parties may agree that provisions of the memoranda
which are nonbudgetary and do not require funding shall take effect
whether or not the aggregate funding requests submitted to the
Legislature are approved. The Legislature recognizes that the
University of California's sources of funding are multiple and
approval by the Legislature, and by other public agencies, as to
employees funded by those agencies, may be required prior to
implementation of increased expenditures resulting from agreements
reached in accordance with the provisions of this chapter.

3572.5. (a) Except as provided in subdivision (b), in the case
where the following provisions of law are in conflict with a
memorandum of understanding, the memorandum of understanding shall be
controlling.
(1) Part 13 (commencing with Section 22000) of, and Sections
66609, 89007, 89039, 89500, 89501, 89502, 89503, 89504, 89505,
89505.5, 89506, 89507, 89508, 89510, 89512, 89513, 89514, 89515,
89516, 89517, 89518, 89519, 89520, 89523, 89524, 89527, 89531, 89532,
89533, 89534, 89537, 89541, 89542, 89543, 89544, 89545, 89546,
89550, 89551, 89552, 89553, 89554, 89555, 89556, 89700, and 89701 of,
the Education Code.
(2) Sections 825, 825.2, 825.6, 3569.5, 6700, 11020, and 11021,
Chapter 2 (commencing with Section 18150) of Part 1 of Division 5 of
Title 2, Sections 18200, 19841, 19848, 19850.6, and 19864, Article 4
(commencing with Section 19869) and Article 5 (commencing with
Section 19878) of Chapter 2.5 of Part 2.6 of Division 5 of Title 2,
and Section 22871.
(3) Sections 395, 395.01, 395.05, 395.1, and 395.3 of the Military
and Veterans Code.
(b) (1) Notwithstanding the inclusion in Section 89542.5 of the
Education Code, except with respect to paragraph (5) of subdivision
(a) of that section, of a provision providing that, if the statute is
in conflict with a memorandum of understanding reached pursuant to
this chapter, the memorandum of understanding shall be controlling
without further legislative action, unless the memorandum of
understanding requires the expenditure of funds, that section, except
for paragraph (5) of subdivision (a) of that section, provides a
minimum level of benefits or rights, and is superseded by a
memorandum of understanding only if the relevant terms of the
memorandum of understanding provide more than the minimum level of
benefits or rights set forth in that section, except for paragraph
(5) of subdivision (a) of that section.
(2) This subdivision only applies to a memorandum of understanding
entered into on or after January 1, 2002.