Amended in Senate June 21, 2016

Amended in Assembly March 15, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2835


Introduced by Assembly Member Cooper

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(Principal coauthor: Senator Pan)

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February 19, 2016


An actbegin insert to add Chapter 11 (commencing with Section 3550) to Division 4 of Title 1 of the Government Code,end insert relating to public employees.

LEGISLATIVE COUNSEL’S DIGEST

AB 2835, as amended, Cooper. begin deleteState employees: memorandum of understanding. end deletebegin insertPublic employees: orientation and informational programs: recognized employee organizations.end insert

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(1) Existing law, including the Meyers-Milias-Brown Act, the Ralph C. Dills Act, the Trial Court Employment Protection and Governance Act, the Trial Court Interpreter Employment and Labor Relations Act, and the Los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act, as well as provisions commonly referred to as the Educational Employment Relations Act and the Higher Education Employer-Employee Relations Act, regulates the labor relations of the state, the courts, and specified local public agencies and their employees. Existing law establishes the Public Employment Relations Board and prescribes its powers and duties, in relation to these acts. These acts grant specified public employees of these entities the right to form, join, and participate in the activities of employee organizations of their choosing and requires public agency employers, among other things, to meet and confer with representatives of recognized employee organizations and exclusive representatives on terms and conditions of employment.

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This bill would require the public employers regulated by the acts described above to provide newly hired employees, as defined, a specified public employee orientation within 2 months of hiring. The bill would require these orientations to be conducted during the regular workday at the worksite, except as specified, and that all newly hired employees attend the orientation in person. The bill would require the scheduling of these orientations to be agreed upon with the recognized employee organization or exclusive representative. The bill would require the pertinent recognized employee organization or exclusive representative to be permitted to make a presentation of 30 minutes to begin within one hour of the start of the orientation if employees are represented by a recognized employee organization or exclusive representative, as specified. The bill would require that the content of these presentations be determined exclusively by the recognized employee organization or exclusive representative.

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This bill would require, prior to the implementation of the provisions described above, that the public employer provide a recognized employee organization or exclusive representative the same level of access to orientations allowed as of June 1, 2016. The bill would require an affected public employer to provide the recognized employee organization or exclusive representative with the name, job title, department, work location, phone number, and home address of newly hired employees within 7 days of the date of hire and notice of a scheduled orientation not less than 10 days prior to the orientation, as specified. The bill would permit a public employer and a recognized employee organization or exclusive representative to negotiate an agreement regarding these employee orientation sessions.

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The bill would provide that the obligation of affected public employers to meet and confer with regard to matters within the scope of representation includes an obligation to meet and confer regarding informational programs for current employees that are similar to the orientations provided to new employees. The bill would require the content of any employee organization presentation included as a part of these informational programs to be determined solely by the recognized employee organization or exclusive representative and that the content is not subject to negotiation.

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The bill would provide that affected public employers do not unlawfully support or favor an employee organization or encourage employees to join any organization in preference to another, as specified, by permitting presentations at employee orientations or informational programs, as described above, or consistent with a negotiated agreement. The bill would grant the Public Employment Relations Board jurisdiction over a violation of these provisions. By creating new duties for various local agencies, this bill would impose a state-mandated local program.

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(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, with regard to certain mandates, no reimbursement is required by this act for a specified reason.

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With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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Existing law provides that a provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees that requires the expenditure of funds does not become effective unless approved by the Legislature in the annual Budget Act.

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This bill would approve provisions of a memorandum of understanding entered into between the state employer and an unspecified bargaining unit that require the expenditure of funds, and would provide that these provisions will become effective even if these provisions are approved by the Legislature in legislation other than the annual Budget Act.

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The bill would provide that provisions of the memorandum of understanding approved by this bill that require the expenditure of funds will not take effect unless funds for those provisions are specifically appropriated by the Legislature, and would require the state employer and the affected employee organization to meet and confer to renegotiate the affected provisions if funds for those provisions are not specifically appropriated by the Legislature.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P4    1begin insert

begin insertSECTION 1.end insert  

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begin insertChapter 11 (commencing with Section 3550) is
2added to Division 4 of Title 1 of the end insert
begin insertGovernment Codeend insertbegin insert, to read:end insert

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3 

4Chapter  begin insert11.end insert Public Employee Orientation and
5Informational Programs
6

 

7

begin insert3550.end insert  

(a) A public employer specified in Section 3552 shall
8provide all newly hired public employees a public employee
9orientation within two months of the time of hiring that shall
10include, but is not limited to, all of the following:

11
(1) The personnel policies of the public employer, including
12sexual harassment, violence prevention, and safety plans.

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(2) Any applicable civil service rules.

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(3) Any ethics or conflict-of-interest rules to which the public
15employee is subject, if applicable.

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(4) Any employer-provided benefit programs for which the
17public employee is eligible.

18
(b) An orientation described in subdivision (a) shall meet all of
19the following minimum requirements:

20
(1) Orientations shall be conducted during the regular workday
21and shall take place at the worksite, unless the public employer
22and recognized employee organization or exclusive representative
23have agreed otherwise. The scheduling of orientations shall be
24agreed upon with the recognized employee organization or
25exclusive representative. All newly hired public employees shall
26attend in person.

27
(2) If employees are represented by a recognized employee
28organization or exclusive representative, representatives of the
29recognized employee organization or exclusive representative
30shall be permitted to make a presentation of 30 minutes to begin
31within one hour of the start of the orientation that shall include,
32but is not limited to, all of the following:

33
(A) Information about the memorandum of understanding,
34including the term of the agreement, eligibility to vote on its
35ratification, and how to access the contract.

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(B) Any union benefit for which members may be eligible.

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(C) Contact information for the exclusive representative.

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(3) If no representative from the recognized employee
2organization is present during the designated start time of that
3part of the presentation, there is no requirement that they be
4afforded additional time.

5
(4) If employees in different bargaining units are provided a
6combined orientation, employees in each bargaining unit shall be
7provided a separate space in which the employee organization
8representing each bargaining unit shall be permitted to address
9its bargaining unit members during the time allotted for the
10recognized employee organization’s or exclusive representative’s
11presentation. In addition to other representatives, each recognized
12employee organization or exclusive representative may designate
13one employee representative who may attend the orientation on
14paid time. The content of the recognized employee organization’s
15or exclusive representative’s presentation shall be determined
16solely by the employee organization and shall not be subject to
17negotiation. The presentation shall not include advocacy for or
18against a candidate for political office or ballot measure. Prior
19to implementing the orientation requirements set forth in this
20subdivision, the public employer shall provide at least the level of
21access to, and the opportunity to make presentations at,
22orientations that the public employer allowed the recognized
23employee organization or exclusive representative as of June 1,
242016, and nothing herein shall be construed as infringing upon
25or limiting that access.

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(c) Notwithstanding Sections 6254 and 6254.3, the public
27employer shall provide the recognized employee organization or
28exclusive representative with the name, job title, department, work
29location, telephone number, and home address of any newly hired
30employee within seven days of the date of hire and notice of a
31scheduled orientation not less than 10 days prior to the orientation
32unless earlier notice is required by an agreement with the
33recognized employee organization or exclusive representative.
34The information identified in this subdivision shall be provided to
35the recognized employee organization or exclusive representative
36regardless of whether the newly hired public employee was
37previously employed by the public employer. The information
38under this section shall be provided in a manner consistent with
39paragraph (3) of subdivision (a) of Section 6254.3. The information
40under this section shall be provided in a manner consistent with
P6    1Section 6207 for any employee who is a participant in the address
2confidentiality program established pursuant to Chapter 3.1
3(commencing with Section 6205) of Division 7 of Title 1.

4
(d) This section does not prohibit a public employer and a
5recognized employee organization or exclusive representative from
6negotiating an agreement providing for orientation sessions that
7vary from the requirements of this section. However, if the public
8employer and the recognized employee organization or exclusive
9representative do not reach a mutual agreement regarding the
10orientation sessions, all of the requirements of this section shall
11apply.

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(e) A public employer identified in Section 3552 does not
13unlawfully support or favor an employee organization or encourage
14employees to join any organization in preference to another as
15prohibited by subdivision (d) of Section 3506.5, subdivision (d) of
16Section 3519, subdivision (d) of Section 3543.5, or subdivision (d)
17of Section 3571 of this code, or subdivision (d) of Section 99563.7
18of the Public Utilities Code, or any other state law, by permitting
19a recognized employee organization or exclusive representative
20the opportunity to present at employee orientations and
21informational programs as required by this section or consistent
22with a negotiated agreement pursuant to Section 3551.

23

begin insert3551.end insert  

(a) The obligation established by Sections 3505, 3517,
243543.3, 3570, 71634.2, and 71818 of this code and Section 99563.4
25of the Public Utilities Code to meet and confer in good faith
26regarding terms and conditions of employment includes an
27obligation to meet and confer regarding informational programs
28for current state employees that are similar to the state employee
29orientations required by Section 3550. The establishment,
30scheduling, and administration of these programs shall be
31negotiated by the public employer and the recognized employee
32organization or exclusive representative pursuant to the applicable
33law governing the public employment relationship at issue in the
34same manner as other matters within the scope of representation.
35The content of any recognized employee organization presentation
36 included as part of the informational program shall be determined
37solely by the recognized employee organization or exclusive
38representative and shall not be subject to negotiation. The failure
39to reach agreement on an employee informational program shall
40be subject to the mediation provisions of law governing the public
P7    1employment relationship at issue in the same manner as other
2matters within the scope of representation.

3
(b) Notwithstanding Sections 6254 and 6254.3, the public
4employer shall provide the recognized employee organization or
5exclusive representative with a list containing the name, job title,
6department, work location, telephone number, and home address
7of all employees in the bargaining unit at least every 90 days,
8unless more frequent or more detailed lists are required by an
9agreement with the recognized employee organization or exclusive
10representative. The information under this section shall be provided
11in a manner consistent with paragraph (3) of subdivision (a) of
12Section 6254.3. The information under this section shall be
13provided in a manner consistent with Section 6207 for any
14employee who is a participant in the address confidentiality
15program established pursuant to Chapter 3.1 (commencing with
16Section 6205) of Division 7 of Title 1.

17

begin insert3552.end insert  

(a) This chapter shall only apply to public employers
18subject to Chapter 10 (commencing with Section 3500), Chapter
1910.3 (commencing with Section 3512), Chapter 10.7 (commencing
20with Section 3540), or Chapter 12 (commencing with Section 3560)
21of Division 4 of Title 1, Chapter 7 (commencing with Section
2271600) or Chapter 7.5 (commencing with Section 71800) of Title
238 of this code, or Chapter 7 (commencing with Section 99560) of
24Part 11 of Division 10 of the Public Utilities Code.

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(b) For purposes of this chapter, “newly hired public employee”
26shall mean any employee, whether permanent, temporary, full
27time, or part time, hired by a public employer, to which this chapter
28applies, and who is still employed as of the date of the new hire
29 orientation.

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(c) The Public Employment Relations Board shall have
31jurisdiction over violations of this chapter. The powers and duties
32of the board described in Section 3541.3 shall apply, as
33appropriate, to this chapter.

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begin insertSEC. 2.end insert  

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No reimbursement is required by this act pursuant to
35Section 6 of Article XIII   B of the California Constitution because
36the only costs that may be incurred by a local agency or school
37district under this act would result from a legislative mandate that
38is within the scope of paragraph (7) of subdivision (b) of Section
393 of Article I of the California Constitution.

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However, if the Commission on State Mandates determines that
2this act contains other costs mandated by the state, reimbursement
3to local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.

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6

SECTION 1.  

The Legislature finds and declares that the
7purpose of this act is to approve an agreement entered into by the
8state employer and State Bargaining Unit ____ pursuant to Section
93517.5 of the Government Code.

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10

SEC. 2.  

The provisions of the memorandum of understanding
11prepared pursuant to Section 3517.5 of the Government Code and
12entered into by the state employer and State Bargaining Unit ____,
13dated ____, and that require the expenditure of funds, are hereby
14approved for the purposes of subdivision (b) of Section 3517.6 of
15the Government Code.

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16

SEC. 3.  

The provisions of the memorandum of understanding
17approved by Section 2 of this act that require the expenditure of
18funds shall not take effect unless funds for these provisions are
19specifically appropriated by the Legislature. If funds for these
20provisions are not specifically appropriated by the Legislature, the
21state employer and the affected employee organization shall meet
22and confer to renegotiate the affected provisions.

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23

SEC. 4.  

Notwithstanding Section 3517.6 of the Government
24Code, the provisions of the memorandum of understanding
25included in Section 2 of this act that require the expenditure of
26funds shall become effective even if the provisions of the
27memorandum of understanding are approved by the Legislature
28in legislation other than the annual Budget Act.

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