Amended in Senate August 19, 2016

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

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(Principal coauthor: Assembly Member Rendon)

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(Principalbegin delete coauthor: Senatorend deletebegin insert coauthors: Senators De end insertbegin insertLeón andend insert 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:begin delete recognized employee organizations.end deletebegin insert exclusive representatives.end insert

(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 withinbegin delete 2end deletebegin insert 4end insert months ofbegin delete hiring. The bill would require these orientations to be conducted, in-person, during the regular workday of the employees attending.end deletebegin insert hiring, to be conducted in-person, during work hours.end insert 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 exclusive representative to be permitted to make a presentation of 30 minutes in the first half of thebegin delete orientation if employees are represented. The bill would, with certain exceptions, require that the content of these presentations be determined solely by the exclusive representative.end deletebegin insert orientation.end insert

begin deleteThis bill would require, prior to the implementation of the provisions described above, that the public employer provide an exclusive representative the same level of access to orientations allowed as of June 1, 2016. The end deletebegin insertThisend insert bill would require an affected public employer to provide thebegin delete recognized employee organization orend delete exclusive representative with the name, job title, department, work location, phone number, and home address of newly hired employees within 30 days of the date of hire.begin delete The bill would permit a public employer and a recognized employee organization or exclusive representative to negotiate an agreement regarding these employee orientation sessions.end delete The bill would permitbegin insert agreements betweenend insert a public employer andbegin insert anend insert exclusive representativebegin delete to negotiate an agreement that providesend deletebegin insert that provideend insert for orientations that vary from the bill’s requirements, but in absence of an agreement on orientations, the bill’s requirements would apply.begin insert The bill would also require affected public employers to provide the exclusive representative with the name, job title, department, work location, telephone number, and home address of all employees in the bargaining unit at least every 90 days, except as specified.end insert

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.begin insert The bill would except from its provisions public employers with respect to in-home supportive services providers, as specified.end insert 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 deleteExcept as set forth in subdivision (d), a end deletebegin insertA end insertpublic
8employer specified in Section 3552 shall provide all newly hired
9public employeesbegin delete a public employeeend deletebegin insert anend insert orientation withinbegin delete twoend delete
10begin insert fourend insert months of the time ofbegin delete hiring that may include, but is not
11limited to, all of the following:end delete
begin insert hiring. If the employees are
12represented, the exclusive representative of those employees shall
13be permitted to make a presentation of 30 minutes to begin in the
14first half of the orientation. The exclusive representative shall be
15given not less than 10 days notice in advance of an orientation.
16Orientations shall be conducted in -person during work hours.end insert

begin delete

17(1) The personnel policies of the public employer, including
18sexual harassment, violence prevention, and safety plans.

P4    1(2) Any applicable civil service rules.

2(3) Any ethics or conflict-of-interest rules to which the public
3employee is subject, if applicable.

4(4) Any employer-provided benefit programs for which the
5public employee is eligible.

6(b) An orientation described in subdivision (a) shall meet all of
7the following minimum requirements:

8(1) Orientations shall be conducted in-person, during the regular
9workday of employees attending. If employees are represented,
10the exclusive representative shall be given not less than 10 days’
11notice in advance of an orientation.

12(2) If employees are represented, the exclusive representative
13shall be permitted to make a presentation of 30 minutes, to begin
14 in the first half of the orientation that may include, but is not limited
15to, the following:

16(A) Information about the memorandum of understanding,
17including the term of the agreement, eligibility to vote on its
18ratification, and how to access the contract.

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

20(C) Contact information for the exclusive representative.

21(3) If the representative from the exclusive representative is not
22present at the designated start time of the part of the presentation
23described in paragraph (2), there is no requirement that the
24representative be afforded additional time.

25(4) In addition to other representatives, each exclusive
26representative may designate one employee representative who
27may attend the orientation. The content of the exclusive
28representative’s presentation shall be determined solely by the
29exclusive representative and shall not be subject to negotiation.
30The presentation shall not include advocacy for or against a
31candidate for political office or ballot measure. Prior to
32implementing the orientation requirements set forth in this
33subdivision, the public employer shall provide at least the level of
34access to, and the opportunity to make presentations at, orientations
35that the public employer allowed the exclusive representative as
36of June 1, 2016, and nothing herein shall be construed as infringing
37upon or limiting that access.

38(c)

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39begin insert(b)end insert Notwithstanding Sections 6254 and 6254.3, the public
40employer shall provide the exclusive representative with the name,
P5    1job title, department, work location, telephone number, and home
2address of any newly hired employee who may be represented by
3the exclusive representative within 30 days of the date of begin delete hire.end delete begin insert hire
4or by the first pay period of the month following hire.end insert
The
5information identified in this subdivision shall be provided to the
6exclusive representative regardless of whether the newly hired
7public employee was previously employed by the public employer.
8The information under this section shall be provided in a manner
9consistent with paragraph (3) of subdivision (a) of Section 6254.3.
10The information under this section shall be provided in a manner
11consistent with Section 6207 for any employee who is a participant
12in the address confidentiality program established pursuant to
13Chapter 3.1 (commencing with Section 6205) of Division 7 of
14Title 1.

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15(d) A

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16begin insert(c)end insertbegin insertend insertbegin insertThis section does not prohibit agreements between aend insert public
17employer and an exclusive representativebegin delete may negotiate an
18agreement providingend delete
begin insert that provideend insert for orientation sessions that vary
19frombegin delete any requirement for orientationsend deletebegin insert the requirementsend insert of this
20section. begin insert If such an agreement is negotiated, the requirements of
21subdivisions (a) and (b) shall not apply to the extent that they are
22inconsistent with the agreement.end insert
In the absence of a mutual
23agreement regarding the orientation sessions, all of the
24requirements ofbegin delete this sectionend deletebegin insert subdivisions (a) and (b)end insert shall apply.

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7 25(e)

end delete

26begin insert(d)end insert A public employer identified in Section 3552 does not
27unlawfully support or favor an employee organization or encourage
28employees to join any organization in preference to another as
29prohibited by subdivision (d) of Section 3506.5, subdivision (d)
30of Section 3519, subdivision (d) of Section 3543.5, or subdivision
31(d) of Section 3571 of this code, or subdivision (d) of Section
3299563.7 of the Public Utilities Code, or any other state law, by
33permitting an exclusive representative the opportunity to present
34at employee orientations and informational programs as required
35by this section or consistent with a negotiated agreement pursuant
36to Section 3551.

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18 37(f)

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38begin insert(e)end insert This section does not modify the scope of bargaining.

39

3551.  

Notwithstanding Sections 6254 and 6254.3, the public
40employer shall provide an exclusive representative with a list
P6    1containing the name, job title, department, work location, telephone
2number, and home address of all employees in the bargaining unit
3at least every 90 days, unless more frequent or more detailed lists
4are required by an agreement with the exclusive representative.
5The information under this section shall be provided in a manner
6consistent with paragraph (3) of subdivision (a) of Section 6254.3.
7The information under this section shall be provided in a manner
8consistent with Section 6207 for any employee who is a participant
9in the address confidentiality program established pursuant to
10Chapter 3.1 (commencing with Section 6205) of Division 7 of
11Title 1.

12

3552.  

(a) begin deleteThis end deletebegin insert(1)end insertbegin insertend insertbegin insertExcept as specified in paragraph (2), this end insert
13chapter shall only apply to public employers subject to Chapter
1410 (commencing with Section 3500), Chapter 10.3 (commencing
15with Section 3512), Chapter 10.7 (commencing with Section 3540),
16or Chapter 12 (commencing with Section 3560) of Division 4 of
17Title 1, Chapter 7 (commencing with Section 71600) or Chapter
187.5 (commencing with Section 71800) of Title 8 of this code, or
19Chapter 7 (commencing with Section 99560) of Part 11 of Division
2010 of the Public Utilities Code.

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21
(2) This chapter does not apply to public employers with respect
22to in-home supportive services providers who are covered by
23Section 12301.25 of the Welfare and Institutions Code.

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24(b) For purposes of this chapter:

25(1) “Newly hired public employee” means any employee,
26whether permanent, temporary, full time, or part time, hired by a
27public employer, to which this chapter applies, and who is still
28employed as of the date of the new hire orientation.

29(2) “Exclusive representative” means the exclusive
30representative or recognized employee organization for the
31bargaining unit.

32(c) The Public Employment Relations Board shall have
33jurisdiction over violations of this chapter. The powers and duties
34of the board described in Section 3541.3 shall apply, as appropriate,
35to this chapter.

36

SEC. 2.  

No reimbursement is required by this act pursuant to
37Section 6 of Article XIII   B of the California Constitution because
38the only costs that may be incurred by a local agency or school
39district under this act would result from a legislative mandate that
P7    1is within the scope of paragraph (7) of subdivision (b) of Section
23 of Article I of the California Constitution.

3However, if the Commission on State Mandates determines that
4this act contains other costs mandated by the state, reimbursement
5to local agencies and school districts for those costs shall be made
6pursuant to Part 7 (commencing with Section 17500) of Division
74 of Title 2 of the Government Code.



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