SECTIONS 3582-3587 - California Statutes

GOVERNMENT CODE

SECTION 3582-3587

3582. Subject to the limitations set forth in this section,
organizational security shall be within the scope of representation.

3583. Permissible forms of organizational security shall be limited
to either of the following:
(a) An arrangement pursuant to which an employee may decide
whether or not to join the recognized or certified employee
organization, but which requires the employer to deduct from the
wages or salary of any employee who does join, and pay to the
employee organization which is the exclusive representative of that
employee, the standard initiation fee, periodic dues, and general
assessments of the organization for the duration of the written
memorandum of understanding. This arrangement shall not deprive the
employee of the right to resign from the employee organization within
a period of 30 days prior to the expiration of a written memorandum
of understanding.
(b) The arrangement described in Section 3583.5.

3583.5. (a) (1) Notwithstanding any other provision of law, any
employee of the California State University or the University of
California, other than a faculty member of the University of
California who is eligible for membership in the Academic Senate, who
is in a unit for which an exclusive representative has been selected
pursuant to this chapter, shall be required, as a condition of
continued employment, either to join the recognized employee
organization or to pay the organization a fair share service fee. The
amount of the fee shall not exceed the dues that are payable by
members of the employee organization, and shall cover the cost of
negotiation, contract administration, and other activities of the
employee organization that are germane to its functions as the
exclusive bargaining representative. Upon notification to the
employer by the exclusive representative, the amount of the fee shall
be deducted by the employer from the wages or salary of the employee
and paid to the employee organization.
(2) The costs covered by the fee under this section may include,
but shall not necessarily be limited to, the cost of lobbying
activities designed to foster collective bargaining negotiations and
contract administration, or to secure for the represented employees
advantages in wages, hours, and other conditions of employment in
addition to those secured through meeting and conferring with the
higher education employer.
(b) The organizational security arrangement described in
subdivision (a) shall remain in effect unless it is rescinded
pursuant to subdivision (c). The higher education employer shall
remain neutral, and shall not participate in any election conducted
under this section unless required to do so by the board.
(c) (1) The organizational security arrangement described in
subdivision (a) may be rescinded by a majority vote of all the
employees in the negotiating unit subject to that arrangement, if a
request for a vote is supported by a petition containing the
signatures of at least 30 percent of the employees in the negotiating
unit, and the signatures are obtained in one academic year. There
shall not be more than one vote taken during the term of any
memorandum of understanding in effect on or after January 1, 2000.
(2) If the organizational security arrangement described in
subdivision (a) is rescinded pursuant to paragraph (1), a majority of
all the employees in the negotiating unit may request that the
arrangement be reinstated. That request shall be submitted to the
board along with a petition containing the signatures of at least 30
percent of the employees in the negotiating unit. The vote shall be
conducted at the worksite by secret ballot, and shall be conducted no
sooner than one year after the rescission of the organizational
security arrangement under this subdivision.
(3) If the board determines that the appropriate number of
signatures have been collected, it shall conduct the vote to rescind
or reinstate in a manner that it shall prescribe in accordance with
this subdivision.
(4) The cost of conducting an election under this subdivision to
reinstate the organizational security arrangement shall be borne by
the petitioning party, and the cost of conducting an election to
rescind the arrangement shall be borne by the board.

3584. (a) Notwithstanding Section 3583.5, an employee of the
California State University or the University of California, other
than faculty of the University of California who are eligible for
membership in the Academic Senate, who is a member of a bona fide
religion, body, or sect that has historically held conscientious
objections to joining or financially supporting public employee
organizations, shall not be required to join or financially support
any public employee organization as a condition of employment. An
employee to which this subdivision is applicable may be required, in
lieu of periodic dues, initiation fees, or agency shop fees, to pay
sums equal to the amount of the fair share service fee determined
pursuant to subdivision (a) of Section 3583.5 to a nonreligious,
nonlabor charitable fund exempt from taxation under Section 501(c)(3)
of the Internal Revenue Code, chosen by the employee from a list of
at least three of these funds designated by the employer and the
exclusive representative or, if the employer and exclusive
representative fail to designate funds, chosen by the employee. Proof
of these payments shall be made on a monthly basis to the employer
as a condition of continued exemption from the requirement of
financial support of the exclusive representative.
(b) Every recognized or certified employee organization that has
an agency shop provision under this section shall keep an adequate
itemized record of its financial transactions, and shall make
available annually, to the employer and to the employees who are
members of the organization, within 60 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 the president and treasurer or comparable officers. An
employee organization covering employees governed under this chapter
and required to file financial reports under the federal
Labor-Management Disclosure Act of 1959 (29 U.S.C. Sec. 401 et seq.)
, or required to file financial reports under Section 3546.5, may
satisfy the financial reporting requirements of this section by
providing the employer with a copy of those financial reports.

3585. In the absence of an arrangement pursuant to Section 3583 or
3583.5, an employer shall, upon written authorization by the employee
involved, deduct and remit to the exclusive representative or, in
the absence of an exclusive representative, to the employee
organization of the employee's choice, the standard initiation fee,
periodic dues, and general assessments of that organization, until
the time an exclusive representative has been selected for the
employee's unit. Thereafter, deductions shall be made only for the
exclusive representative.

3586. The Trustees of the California State University shall
continue all payroll assignments authorized by an employee prior to
and until recognition or certification of an exclusive representative
until notification is submitted by an employee to discontinue the
employee's assignments.

3587. Every recognized or certified employee organization shall
keep an adequate itemized record of its financial transactions and
shall make available annually, to the board and to the employees who
are members of the organization, within 60 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 the president and treasurer or comparable officers. In
the event of failure of compliance with this section, any employee
within the organization may petition the board for an order
compelling such compliance, or the board may issue such compliance
order on its motion.