BILL NUMBER: AB 2835	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 21, 2016
	AMENDED IN ASSEMBLY  MARCH 15, 2016

INTRODUCED BY   Assembly Member Cooper
    (   Principal coauthor:   Senator 
 Pan   ) 

                        FEBRUARY 19, 2016

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2835, as amended, Cooper.  State employees: memorandum
of understanding.   Public employees: orientation and
informational programs: recognized employee organizations.  

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

   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. 

   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. 

   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.  
   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.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Chapter 11 (commencing with Section
3550) is added to Division 4 of Title 1 of the   Government
Code   , to read:  
      CHAPTER 11.  PUBLIC EMPLOYEE ORIENTATION AND INFORMATIONAL
PROGRAMS


   3550.  (a) A public employer specified in Section 3552 shall
provide all newly hired public employees a public employee
orientation within two months of the time of hiring that shall
include, but is not limited to, all of the following:
   (1) The personnel policies of the public employer, including
sexual harassment, violence prevention, and safety plans.
   (2) Any applicable civil service rules.
   (3) Any ethics or conflict-of-interest rules to which the public
employee is subject, if applicable.
   (4) Any employer-provided benefit programs for which the public
employee is eligible.
   (b) An orientation described in subdivision (a) shall meet all of
the following minimum requirements:
   (1) Orientations shall be conducted during the regular workday and
shall take place at the worksite, unless the public employer and
recognized employee organization or exclusive representative have
agreed otherwise. The scheduling of orientations shall be agreed upon
with the recognized employee organization or exclusive
representative. All newly hired public employees shall attend in
person.
   (2) If employees are represented by a recognized employee
organization or exclusive representative, representatives of the
recognized employee organization or exclusive representative shall be
permitted to make a presentation of 30 minutes to begin within one
hour of the start of the orientation that shall include, but is not
limited to, all of the following:
   (A) Information about the memorandum of understanding, including
the term of the agreement, eligibility to vote on its ratification,
and how to access the contract.
   (B) Any union benefit for which members may be eligible.
   (C) Contact information for the exclusive representative.
   (3) If no representative from the recognized employee organization
is present during the designated start time of that part of the
presentation, there is no requirement that they be afforded
additional time.
   (4) If employees in different bargaining units are provided a
combined orientation, employees in each bargaining unit shall be
provided a separate space in which the employee organization
representing each bargaining unit shall be permitted to address its
bargaining unit members during the time allotted for the recognized
employee organization's or exclusive representative's presentation.
In addition to other representatives, each recognized employee
organization or exclusive representative may designate one employee
representative who may attend the orientation on paid time. The
content of the recognized employee organization's or exclusive
representative's presentation shall be determined solely by the
employee organization and shall not be subject to negotiation. The
presentation shall not include advocacy for or against a candidate
for political office or ballot measure. Prior to implementing the
orientation requirements set forth in this subdivision, the public
employer shall provide at least the level of access to, and the
opportunity to make presentations at, orientations that the public
employer allowed the recognized employee organization or exclusive
representative as of June 1, 2016, and nothing herein shall be
construed as infringing upon or limiting that access.
   (c) Notwithstanding Sections 6254 and 6254.3, the public employer
shall provide the recognized employee organization or exclusive
representative with the name, job title, department, work location,
telephone number, and home address of any newly hired employee within
seven days of the date of hire and notice of a scheduled orientation
not less than 10 days prior to the orientation unless earlier notice
is required by an agreement with the recognized employee
organization or exclusive representative. The information identified
in this subdivision shall be provided to the recognized employee
organization or exclusive representative regardless of whether the
newly hired public employee was previously employed by the public
employer. The information under this section shall be provided in a
manner consistent with paragraph (3) of subdivision (a) of Section
6254.3. The information under this section shall be provided in a
manner consistent with Section 6207 for any employee who is a
participant in the address confidentiality program established
pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7
of Title 1.
   (d) This section does not prohibit a public employer and a
recognized employee organization or exclusive representative from
negotiating an agreement providing for orientation sessions that vary
from the requirements of this section. However, if the public
employer and the recognized employee organization or exclusive
representative do not reach a mutual agreement regarding the
orientation sessions, all of the requirements of this section shall
apply.
   (e) A public employer identified in Section 3552 does not
unlawfully support or favor an employee organization or encourage
employees to join any organization in preference to another as
prohibited by subdivision (d) of Section 3506.5, subdivision (d) of
Section 3519, subdivision (d) of Section 3543.5, or subdivision (d)
of Section 3571 of this code, or subdivision (d) of Section 99563.7
of the Public Utilities Code, or any other state law, by permitting a
recognized employee organization or exclusive representative the
opportunity to present at employee orientations and informational
programs as required by this section or consistent with a negotiated
agreement pursuant to Section 3551.
   3551.  (a) The obligation established by Sections 3505, 3517,
3543.3, 3570, 71634.2, and 71818 of this code and Section 99563.4 of
the Public Utilities Code to meet and confer in good faith regarding
terms and conditions of employment includes an obligation to meet and
confer regarding informational programs for current state employees
that are similar to the state employee orientations required by
Section 3550. The establishment, scheduling, and administration of
these programs shall be negotiated by the public employer and the
recognized employee organization or exclusive representative pursuant
to the applicable law governing the public employment relationship
at issue in the same manner as other matters within the scope of
representation. The content of any recognized employee organization
presentation included as part of the informational program shall be
determined solely by the recognized employee organization or
exclusive representative and shall not be subject to negotiation. The
failure to reach agreement on an employee informational program
shall be subject to the mediation provisions of law governing the
public employment relationship at issue in the same manner as other
matters within the scope of representation.
   (b) Notwithstanding Sections 6254 and 6254.3, the public employer
shall provide the recognized employee organization or exclusive
representative with a list containing the name, job title,
department, work location, telephone number, and home address of all
employees in the bargaining unit at least every 90 days, unless more
frequent or more detailed lists are required by an agreement with the
recognized employee organization or exclusive representative. The
information under this section shall be provided in a manner
consistent with paragraph (3) of subdivision (a) of Section 6254.3.
The information under this section shall be provided in a manner
consistent with Section 6207 for any employee who is a participant in
the address confidentiality program established pursuant to Chapter
3.1 (commencing with Section 6205) of Division 7 of Title 1.
   3552.  (a) This chapter shall only apply to public employers
subject to Chapter 10 (commencing with Section 3500), Chapter 10.3
(commencing with Section 3512), Chapter 10.7 (commencing with Section
3540), or Chapter 12 (commencing with Section 3560) of Division 4 of
Title 1, Chapter 7 (commencing with Section 71600) or Chapter 7.5
(commencing with Section 71800) of Title 8 of this code, or Chapter 7
(commencing with Section 99560) of Part 11 of Division 10 of the
Public Utilities Code.
   (b) For purposes of this chapter, "newly hired public employee"
shall mean any employee, whether permanent, temporary, full time, or
part time, hired by a public employer, to which this chapter applies,
and who is still employed as of the date of the new hire
orientation.
   (c) The Public Employment Relations Board shall have jurisdiction
over violations of this chapter. The powers and duties of the board
described in Section 3541.3 shall apply, as appropriate, to this
chapter. 
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district under this act would result from a
legislative mandate that is within the scope of paragraph (7) of
subdivision (b) of Section 3 of Article I of the California
Constitution.  
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.  
  SECTION 1.    The Legislature finds and declares
that the purpose of this act is to approve an agreement entered into
by the state employer and State Bargaining Unit ____ pursuant to
Section 3517.5 of the Government Code.  
  SEC. 2.    The provisions of the memorandum of
understanding prepared pursuant to Section 3517.5 of the Government
Code and entered into by the state employer and State Bargaining Unit
____, dated ____, and that require the expenditure of funds, are
hereby approved for the purposes of subdivision (b) of Section 3517.6
of the Government Code.  
  SEC. 3.    The provisions of the memorandum of
understanding approved by Section 2 of this act that require the
expenditure of funds shall not take effect unless funds for these
provisions are specifically appropriated by the Legislature. If funds
for these provisions are not specifically appropriated by the
Legislature, the state employer and the affected employee
organization shall meet and confer to renegotiate the affected
provisions.  
  SEC. 4.    Notwithstanding Section 3517.6 of the
Government Code, the provisions of the memorandum of understanding
included in Section 2 of this act that require the expenditure of
funds shall become effective even if the provisions of the memorandum
of understanding are approved by the Legislature in legislation
other than the annual Budget Act.