BILL NUMBER: AB 1875	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 22, 2004

INTRODUCED BY   Assembly Member Maldonado

                        FEBRUARY 3, 2004

   An act to amend Sections 3526,  3529,  3531,
3533, 3534, and 3538 of the Government Code, relating to state
employees.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1875, as amended, Maldonado.  State employees.
   The existing Bill of Rights for State Excluded Employees
prescribes various rights and terms and conditions of employment for
excluded employees, defined as certain supervisory, managerial, and
confidential employees.  That law contains provisions relating to
participation by supervisory employees in employee organizations for
purposes of representation when meeting and conferring with respect
to employment conditions.
   This bill would specify that all excluded employees are included
within those provisions relating to participation in employee
organizations for purposes of representation when meeting and
conferring with respect to employment conditions.  The bill would
 except confidential employees from a prohibition against
holding office in an employee organization that represents
nonexcluded employees   revise the definition of "meet
and confer," as specified  .  The bill would also revise a
statement of the purpose of the Bill of Rights for State Excluded
Employees.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


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, and 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 3529 of the Government Code is amended to read:
   3529.  (a) Except for supervisory employees as defined in
subdivision (g) of Section 3513, and confidential employees as
defined in subdivision (f) of Section 3513, excluded employees shall
not hold any office in an employee organization that also represents
nonexcluded employees.
   (b) Excluded employees shall not participate in the handling of
grievances on behalf of nonexcluded employees.  Nonexcluded employees
shall not participate in the handling of grievances on behalf of
excluded employees.
   (c) Excluded employees shall not participate in meet and confer
sessions on behalf of nonexcluded employees.  Nonexcluded employees
shall not participate in meet and confer sessions on behalf of
supervisory employees.
   (d) The prohibition in subdivisions (b) and (c) shall not apply to
the paid staff of an excluded or supervisory employee organization.

   (e) Excluded employees shall not vote on questions of ratification
or rejection of memoranda of understanding reached on behalf of
nonexcluded employees.
  SEC. 3.   
  SEC. 2.   Section 3531 of the Government Code is amended to
read:
   3531.  Supervisory and excluded employees shall have the right to
form, join, and participate in the activities of supervisory employee
organizations of their own choosing for the purpose of
representation on all matters of supervisory and excluded
employer-employee relations, as set forth in Section 3532.
Supervisory and excluded employees also shall have the right to
refuse to join or participate in the activities of supervisory
employee organizations and shall have the right to represent
themselves individually in their employment relations with the public
employer.   
  SEC. 4.   
  SEC. 3.  Section 3533 of the Government Code is amended to
read:
   3533.  Upon request, the state shall meet and confer with 
verified supervisory and excluded employee organizations
representing supervisory or excluded employees.  "Meet and confer"
means that they shall consider fully the presentations that are made
by the verified excluded employee organizations on behalf of their
members prior to arriving at a determination of policy or course of
action.
  SEC. 5.    verified supervisor or excluded employee
organizations representing supervisory or excluded employees.  "Meet
and confer" means that the employer shall give supervisory and
excluded employee organizations reasonable notice and opportunity to
raise all issues prior to the state arriving at a determination and
implementation of policy or course of action.
  SEC. 4.   Section 3534 of the Government Code is amended to
read:
   3534.  The state employer shall allow a reasonable number of
supervisory  or excluded public employee representatives of verified
supervisory or 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 supervisory or excluded
employees.   
  SEC. 6.   
  SEC. 5.   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 supervisory or excluded employees because of
their exercise of their rights under this article.