BILL NUMBER: AB 1429	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Evans

                        FEBRUARY 27, 2009

   An act to amend Section 3533 of the Government Code, relating to
state employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1429, as introduced, Evans. Excluded employees: meet and confer
rights.
   Existing law, the Bill of Rights for State Excluded Employees,
requires the state to meet and confer, upon request, with verified
supervisory organizations representing supervisory employees on
matters within the scope of representation, and requires a state
employer to provide notice to, and meet and confer with, a verified
supervisory employee organization prior to arriving at a
determination of policy or course of action directly impacting
supervisory employees. Existing law defines a "supervisory employee
organization" and "managerial employees" for these purposes.
   This bill would extend the rights described above to verified
excluded employee organizations representing managerial or
supervisory employees. The bill would require the state employer to
provide notice to, and to meet and confer with, these parties prior
to determining policy or taking action that directly impacts excluded
employees generally.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
   AB 1429, as introduced, Evans. Excluded employees: meet and confer
rights.
   Existing law, the Bill of Rights for State Excluded Employees,
requires the state to meet and confer, upon request, with verified
supervisory organizations representing supervisory employees on
matters within the scope of representation, and requires a state
employer to provide notice to, and meet and confer with, a verified
supervisory employee organization prior to arriving at a
determination of policy or course of action directly impacting
supervisory employees. Existing law defines a "supervisory employee
organization" and "managerial employees" for these purposes.
   This bill would extend the rights described above to verified
excluded employee organizations representing managerial or
supervisory employees. The bill would require the state employer to
provide notice to, and to meet and confer with, these parties prior
to determining policy or taking action that directly impacts excluded
employees generally.
   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 3533 of the Government Code is amended to read:

   3533.   (a)    Upon request, the state shall
meet and confer with verified  supervisory  
excluded   employee  organizations representing
supervisory  or managerial  employees on matters within the
scope of representation. Prior to arriving at a determination of
policy or course of action directly impacting  supervisory
  excluded  employees, the state employer shall
provide reasonable advance notice and provide the verified
supervisory  or managerial  employee organizations an
opportunity to meet and confer with the state employer to discuss
alternative means of achieving objectives. Advance notice may be
written, oral, or electronic. "Meet and confer" shall mean that the
state employer shall consider ,  as fully as it deems
reasonable,  such presentations as are   any
presentation that is  made by the verified supervisory  or
managerial  employee organization on behalf of  its
supervisory members   excluded employees  prior to
arriving at a determination of policy or course of action. The final
determination of policy or course of action shall be the sole
responsibility of the state employer. 
   When 
    (b)     If  the state employer
determines that, due to an emergency or other immediate operational
necessity, a law, rule, resolution, or regulation must be adopted
immediately without prior notice or meeting and conferring with
excluded employee organizations, the state employer shall provide
notice and opportunity to meet and confer at the earliest practical
time following the adoption of the law, rule, resolution, or
regulation.
  SECTION 1.  Section 3533 of the Government Code is amended to read:

   3533.   (a)    Upon request, the state shall
meet and confer with verified  supervisory  
excluded   employee  organizations representing
supervisory  or managerial  employees on matters within the
scope of representation. Prior to arriving at a determination of
policy or course of action directly impacting  supervisory
  excluded  employees, the state employer shall
provide reasonable advance notice and provide the verified
supervisory  or managerial  employee organizations an
opportunity to meet and confer with the state employer to discuss
alternative means of achieving objectives. Advance notice may be
written, oral, or electronic. "Meet and confer" shall mean that the
state employer shall consider ,  as fully as it deems
reasonable,  such presentations as are   any
presentation that is  made by the verified supervisory  or
managerial  employee organization on behalf of  its
supervisory members   excluded employees  prior to
arriving at a determination of policy or course of action. The final
determination of policy or course of action shall be the sole
responsibility of the state employer. 
   When 
    (b)     If  the state employer
determines that, due to an emergency or other immediate operational
necessity, a law, rule, resolution, or regulation must be adopted
immediately without prior notice or meeting and conferring with
excluded employee organizations, the state employer shall provide
notice and opportunity to meet and confer at the earliest practical
time following the adoption of the law, rule, resolution, or
regulation.