BILL NUMBER: AB 1429	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member Evans

                        FEBRUARY 27, 2009

   An act to  amend Section 3533 of   add
Section 3533.5 to  the Government Code, relating to state
employees.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1429, as amended, 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.   meet and confer
with these parties on matters relating to employee compensation, as
provided. These provisions would not apply to managerial employees
within the Department of Personnel Administration. 
   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 3533.5 is added to the 
 Government Code  , to read:  
   3533.5.  (a) Upon request, the state shall meet and confer with
verified excluded employee organizations representing managerial
employees on matters relating to employee compensation, including
wages, benefits, and hours. "Meet and confer" shall mean that the
state employer shall consider, as fully as it deems reasonable, any
presentation that is made by the verified excluded employee
organization on behalf of managerial employees prior to arriving at a
determination of policy or course of action relative to employee
compensation directly impacting managerial employees. The final
determination of policy or course of action shall be the sole
responsibility of the state employer.
   (b) The meet and confer rights provided managerial employees
pursuant to subdivision (a) shall not extend to managers within the
Department of Personnel Administration, which represents the state
employer on matters relating to employee compensation under this
section.  
  SECTION 1.    Section 3533 of the Government Code
is amended to read:
   3533.  (a) Upon request, the state shall meet and confer with
verified 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 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, any presentation
that is made by the verified supervisory or managerial employee
organization on behalf of 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.
   (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.