BILL NUMBER: AB 2835	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 15, 2016
	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. 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
  conducted, in-person,  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.
  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.
 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   in the first half 
of the orientation if employees are  represented by a
recognized employee organization or exclusive representative, as
specified.   represented.  The bill  would
  would, with certain exceptions,  require that the
content of these presentations be determined  exclusively
  solely  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   an 
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   30  days of the date of
 hire and notice of a scheduled orientation not less than 10
days prior to the orientation, as specified.   hire.
 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 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.  
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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   Except as set forth in
subdivision (d), 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   may  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  in-person,  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.   of employees
attending. If employees are represented, the exclusive representative
shall be given not less than 10 days   ' notice in advance
of an orientation. 
   (2) If employees are  represented by a recognized employee
organization or exclusive representative, representatives of the
recognized employee organization or   represented, the
 exclusive representative shall be permitted to make a
presentation of 30  minutes   minutes,  to
begin  within one hour of the start   in the
first half  of the orientation that  shall 
 may  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  the  representative from the
 recognized employee organization is  
exclusive representative is not  present  during
  at  the designated start time of  that
  the  part of the  presentation, 
 presentation described in paragraph (2),  there is no
requirement that  they   the representative
 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.   orien
  tation.  The content of the  recognized
employee organization's or  exclusive representative's
presentation shall be determined solely by the  employee
organization   exclusive representative  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  who may be represented by the exclusive
representative  within  seven   30 
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. 
hire.  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   A
   public employer and  a recognized employee
organization or   an  exclusive representative
 from negotiating   may negotiate  an
agreement providing for orientation sessions that vary from 
the requirements   any requirement for orientations
 of this section.  However, if the public employer and
the recognized employee organization or exclusive representative do
not reach   In the absence of  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   an
 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.

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

   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) 
    3551.   Notwithstanding Sections 6254 and 6254.3, the
public employer shall provide  the recognized employee
organization or   an  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  
chapter: 
    (1)     "Newly  hired public employee"
 shall mean   means  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. 
   (2) "Exclusive representative" means the exclusive representative
or recognized employee organization for the bargaining unit. 
   (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.