Amended in Senate August 15, 2016

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

(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. 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 bebegin delete conductedend deletebegin insert conducted, in-person,end insert during the regular workdaybegin delete 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.end deletebegin insert of the employees attending. The bill would require, if employees are represented, that the exclusive representative be given notice not less than 10 days in advance of an orientation.end insert The bill would require the pertinentbegin delete recognized employee organization orend delete exclusive representative to be permitted to make a presentation of 30 minutesbegin delete to begin within one hour of the startend deletebegin insert in the first halfend insert of the orientation if employees arebegin delete represented by a recognized employee organization or exclusive representative, as specified.end deletebegin insert represented.end insert The billbegin delete wouldend deletebegin insert would, with certain exceptions,end insert require that the content of these presentations be determinedbegin delete exclusivelyend deletebegin insert solelyend insert by thebegin delete recognized employee organization orend delete exclusive representative.

This bill would require, prior to the implementation of the provisions described above, that the public employer providebegin delete a recognized employee organization orend deletebegin insert anend insert 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 withinbegin delete 7end deletebegin insert 30end insert days of the date ofbegin delete hire and notice of a scheduled orientation not less than 10 days prior to the orientation, as specified.end deletebegin insert hire.end insert The bill would permit a public employer and a recognized employee organization or exclusive representative to negotiate an agreement regarding these employee orientation sessions.begin insert The bill would permit a public employer and exclusive representative to negotiate an agreement that provides for orientations that vary from the bill’s requirements, but in absence of an agreement on orientations, the bill’s requirements would apply.end insert

begin delete

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.

end delete

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.

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

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

P3    1

SECTION 1.  

Chapter 11 (commencing with Section 3550) is
2added to Division 4 of Title 1 of the Government Code, to read:

3 

4Chapter  11. Public Employee Orientation and
5Informational Programs
6

 

7

3550.  

(a) begin deleteA end deletebegin insertExcept as set forth in subdivision (d), a end insertpublic
8employer specified in Section 3552 shall provide all newly hired
9public employees a public employee orientation within two months
P4    1of the time of hiring thatbegin delete shallend deletebegin insert mayend insert include, but is not limited to,
2all of the following:

3(1) The personnel policies of the public employer, including
4sexual harassment, violence prevention, and safety plans.

5(2) Any applicable civil service rules.

6(3) Any ethics or conflict-of-interest rules to which the public
7employee is subject, if applicable.

8(4) Any employer-provided benefit programs for which the
9public employee is eligible.

10(b) An orientation described in subdivision (a) shall meet all of
11the following minimum requirements:

12(1) Orientations shall be conductedbegin insert in-person,end insert during the regular
13workdaybegin delete and shall take place at the worksite, unless the public
14employer and recognized employee organization or exclusive
15representative have agreed otherwise. The scheduling of
16orientations shall be agreed upon with the recognized employee
17organization or exclusive representative. All newly hired public
18employees shall attend in person.end delete
begin insert of employees attending. If
19employees are represented, the exclusive representative shall be
20given not less than 10 daysend insert
begin insert’ notice in advance of an orientation. end insert

21(2) If employees arebegin delete represented by a recognized employee
22organization or exclusive representative, representatives of the
23recognized employee organization orend delete
begin insert represented, theend insert exclusive
24representative shall be permitted to make a presentation of 30
25begin delete minutesend deletebegin insert minutes,end insert to beginbegin delete within one hour of the startend deletebegin insert in the first
26halfend insert
of the orientation thatbegin delete shallend deletebegin insert mayend insert include, but is not limited to,
27begin delete all ofend delete the following:

28(A) Information about the memorandum of understanding,
29including the term of the agreement, eligibility to vote on its
30ratification, and how to access the contract.

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

32(C) Contact information for the exclusive representative.

33(3) Ifbegin delete noend deletebegin insert theend insert representative from thebegin delete recognized employee
34organization isend delete
begin insert exclusive representative is notend insert presentbegin delete duringend deletebegin insert atend insert
35 the designated start time ofbegin delete thatend deletebegin insert theend insert part of thebegin delete presentation,end delete
36begin insert presentation described in paragraph (2),end insert there is no requirement
37thatbegin delete theyend deletebegin insert the representativeend insert be afforded additional time.

38(4)  begin deleteIf employees in different bargaining units are provided a
39combined orientation, employees in each bargaining unit shall be
40provided a separate space in which the employee organization
P5    1representing each bargaining unit shall be permitted to address its
2bargaining unit members during the time allotted for the recognized
3employee organization’s or exclusive representative’s presentation. end delete

4In addition to other representatives, eachbegin delete recognized employee
5organization orend delete
exclusive representative may designate one
6employee representative who may attend thebegin delete orientation on paid
7time.end delete
begin insert orienend insertbegin inserttation.end insert The content of thebegin delete recognized employee
8organization’s orend delete
exclusive representative’s presentation shall be
9determined solely by thebegin delete employee organizationend deletebegin insert exclusive
10representativeend insert
and shall not be subject to negotiation. The
11presentation shall not include advocacy for or against a candidate
12for political office or ballot measure. Prior to implementing the
13orientation requirements set forth in this subdivision, the public
14employer shall provide at least the level of access to, and the
15opportunity to make presentations at, orientations that the public
16employer allowed thebegin delete recognized employee organization orend delete
17 exclusive representative as of June 1, 2016, and nothing herein
18shall be construed as infringing upon or limiting that access.

19(c) Notwithstanding Sections 6254 and 6254.3, the public
20employer shall provide thebegin delete recognized employee organization orend delete
21 exclusive representative with the name, job title, department, work
22location, telephone number, and home address of any newly hired
23employeebegin insert who may be represented by the exclusive representativeend insert
24 withinbegin delete sevenend deletebegin insert 30end insert days of the date ofbegin delete hire and notice of a scheduled
25orientation not less than 10 days prior to the orientation unless
26earlier notice is required by an agreement with the recognized
27employee organization or exclusive representative.end delete
begin insert hire.end insert The
28information identified in this subdivision shall be provided to the
29begin delete recognized employee organization orend delete exclusive representative
30regardless of whether the newly hired public employee was
31previously employed by the public employer. The information
32under this section shall be provided in a manner consistent with
33paragraph (3) of subdivision (a) of Section 6254.3. The information
34under this section shall be provided in a manner consistent with
35Section 6207 for any employee who is a participant in the address
36confidentiality program established pursuant to Chapter 3.1
37(commencing with Section 6205) of Division 7 of Title 1.

38(d) begin deleteThis section does not prohibit a end deletebegin insertA end insertpublic employer andbegin delete a
39recognized employee organization orend delete
begin insert anend insert exclusive representative
40begin delete from negotiatingend deletebegin insert may negotiateend insert an agreement providing for
P6    1orientation sessions that vary frombegin delete the requirementsend deletebegin insert any
2requirement for orientationsend insert
of this section.begin delete However, if the public
3employer and the recognized employee organization or exclusive
4representative do not reachend delete
begin insert In the absence ofend insert a mutual agreement
5regarding the orientation sessions, all of the requirements of this
6section shall apply.

7(e) A public employer identified in Section 3552 does not
8unlawfully support or favor an employee organization or encourage
9employees to join any organization in preference to another as
10prohibited by subdivision (d) of Section 3506.5, subdivision (d)
11of Section 3519, subdivision (d) of Section 3543.5, or subdivision
12(d) of Section 3571 of this code, or subdivision (d) of Section
1399563.7 of the Public Utilities Code, or any other state law, by
14permittingbegin delete a recognized employee organization orend deletebegin insert anend insert exclusive
15 representative the opportunity to present at employee orientations
16and informational programs as required by this section or consistent
17with a negotiated agreement pursuant to Section 3551.

begin insert

18
(f) This section does not modify the scope of bargaining.

end insert
begin delete
19

3551.  

(a) The obligation established by Sections 3505, 3517,
203543.3, 3570, 71634.2, and 71818 of this code and Section 99563.4
21of the Public Utilities Code to meet and confer in good faith
22regarding terms and conditions of employment includes an
23obligation to meet and confer regarding informational programs
24for current state employees that are similar to the state employee
25orientations required by Section 3550. The establishment,
26scheduling, and administration of these programs shall be
27negotiated by the public employer and the recognized employee
28organization or exclusive representative pursuant to the applicable
29law governing the public employment relationship at issue in the
30same manner as other matters within the scope of representation.
31The content of any recognized employee organization presentation
32 included as part of the informational program shall be determined
33solely by the recognized employee organization or exclusive
34representative and shall not be subject to negotiation. The failure
35to reach agreement on an employee informational program shall
36be subject to the mediation provisions of law governing the public
37employment relationship at issue in the same manner as other
38matters within the scope of representation.

39(b) 

end delete
P7    1begin insert

begin insert3551.end insert  

end insert

Notwithstanding Sections 6254 and 6254.3, the public
2employer shall providebegin delete the recognized employee organization orend delete
3begin insert anend insert exclusive representative with a list containing the name, job
4title, department, work location, telephone number, and home
5address of all employees in the bargaining unit at least every 90
6days, unless more frequent or more detailed lists are required by
7an agreement with thebegin delete recognized employee organization orend delete
8 exclusive representative. The information under this section shall
9be provided in a manner consistent with paragraph (3) of
10subdivision (a) of Section 6254.3. The information under this
11section shall be provided in a manner consistent with Section 6207
12for any employee who is a participant in the address confidentiality
13program established pursuant to Chapter 3.1 (commencing with
14Section 6205) of Division 7 of Title 1.

15

3552.  

(a) This chapter shall only apply to public employers
16subject to Chapter 10 (commencing with Section 3500), Chapter
1710.3 (commencing with Section 3512), Chapter 10.7 (commencing
18with Section 3540), or Chapter 12 (commencing with Section
193560) of Division 4 of Title 1, Chapter 7 (commencing with Section
2071600) or Chapter 7.5 (commencing with Section 71800) of Title
218 of this code, or Chapter 7 (commencing with Section 99560) of
22Part 11 of Division 10 of the Public Utilities Code.

23(b) For purposes of thisbegin delete chapter, “newlyend deletebegin insert chapter:end insert

24begin insert(1)end insertbegin insertend insertbegin insert“Newlyend insert hired public employee”begin delete shall meanend deletebegin insert meansend insert any
25employee, whether permanent, temporary, full time, or part time,
26hired by a public employer, to which this chapter applies, and who
27is still employed as of the date of the new hire orientation.

begin insert

28
(2) “Exclusive representative” means the exclusive
29representative or recognized employee organization for the
30bargaining unit.

end insert

31(c) The Public Employment Relations Board shall have
32jurisdiction over violations of this chapter. The powers and duties
33of the board described in Section 3541.3 shall apply, as appropriate,
34to this chapter.

35

SEC. 2.  

No reimbursement is required by this act pursuant to
36Section 6 of Article XIII   B of the California Constitution because
37the only costs that may be incurred by a local agency or school
38district under this act would result from a legislative mandate that
39is within the scope of paragraph (7) of subdivision (b) of Section
403 of Article I of the California Constitution.

P8    1However, 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.



O

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