BILL NUMBER: AB 2839 ENROLLED
BILL TEXT
PASSED THE ASSEMBLY AUGUST 15, 2002
PASSED THE SENATE AUGUST 12, 2002
AMENDED IN SENATE JUNE 19, 2002
INTRODUCED BY Assembly Member Kehoe
FEBRUARY 25, 2002
An act to amend Sections 3526, 3528, 3530, 3531, 3532, 3533, 3534,
and 3538 of the Government Code, relating to state employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 2839, Kehoe. State employees.
Existing law, known as the Bill of Rights for State Excluded
Employees, among other things, requires the state to meet and confer,
as defined, with verified supervisory employee organizations
representing supervisory employees. Existing law defines "excluded
employee" for these purposes to mean all managerial employees,
confidential employees, supervisory employees, and specified
employees of the Department of Personnel Administration, the
Department of Finance, the Controller's office, the Legislative
Counsel Bureau, the Bureau of State Audits, the Public Employment
Relations Board, the Department of Industrial Relations, and the
State Athletic Commission.
This bill would revise the definition of "meet and confer" for the
purpose of that law, and would require the state to meet and confer
with employee organizations representing excluded employees. The
bill would also make other conforming changes.
Existing law authorizes excluded employee organizations to
represent their excluded members in their employment relations
including grievances with the State of California.
This bill would also authorize representation in arbitrations.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3526 of the Government Code is amended to read:
3526. The purpose of this chapter is to inform state supervisory,
managerial, confidential, and employees otherwise excepted from
coverage under the Ralph C. Dills Act by subdivision (c) of Section
3513 of their rights and terms and conditions of employment, to
inspire dedicated service, to recognize their important and
fundamental roles in the management of state government, and to
promote harmonious personnel relations among those representing state
management in the conduct of state affairs.
SEC. 2. Section 3528 of the Government Code is amended to read:
3528. The Legislature hereby finds and declares that the rights
and protections provided to excluded employees under this chapter
constitute a matter of important concern. The Legislature further
finds and declares that the efficient and effective administration of
state programs depends upon the maintenance of high morale and the
objective consideration and resolution of issues raised between
excluded employees and their employer.
SEC. 3. Section 3530 of the Government Code is amended to read:
3530. Excluded employee organizations shall have the right to
represent their excluded members in their employment relations,
including grievances and arbitrations, with the State of California.
Excluded employee organizations may establish reasonable
restrictions regarding who may join and may make reasonable
provisions for the dismissal of excluded employees from membership.
This section shall not prohibit any excluded employee from appearing
on his or her own behalf or through his or her chosen representative
in his or her employment relations and grievances with the State of
California.
SEC. 4. Section 3531 of the Government Code is amended to read:
3531. Excluded employees shall have the right to form, join, and
participate in the activities of excluded employee organizations of
their own choosing for the purpose of representation on all matters
of excluded employer-employee relations, as set forth in Section
3532. Excluded employees also shall have the right to refuse to join
or participate in the activities of excluded employee organizations
and shall have the right to represent themselves individually in
their employment relations with the public employer.
SEC. 5. Section 3532 of the Government Code is amended to read:
3532. The scope of representation for excluded employees shall
include all matters relating to employment conditions and excluded
employer-employee relations including wages, hours, and other terms
and conditions of employment.
SEC. 6. Section 3533 of the Government Code is amended to read:
3533. Upon request, the state shall meet and confer with verified
excluded employee organizations representing excluded employees.
"Meet and confer" means that they shall consider fully the
presentations that are made by the verified excluded employee
organization on behalf of their members prior to arriving at a
determination of policy or course of action.
SEC. 7. Section 3534 of the Government Code is amended to read:
3534. The state employer shall allow a reasonable number of
excluded public employee representatives of verified excluded
employee organizations reasonable time off without loss of
compensation or other benefits when meeting and conferring with
representatives of the state employer on matters within the scope of
representation for excluded employees.
SEC. 8. Section 3538 of the Government Code is amended to read:
3538. The state employer and excluded employee organizations
shall not interfere with, intimidate, restrain, coerce, or
discriminate against excluded employees because of their exercise of
their rights under this article.