BILL NUMBER: AB 1571 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Shelley
FEBRUARY 23, 2001
An act to amend Sections 68806 and 69141 of, and to add Article
1.5 (commencing with Section 68816.1) to Chapter 3 of, and to add
Article 3 (commencing with Section 69161.1) to Chapter 4 of, Title 8
of, the Government Code, relating to court employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 1571, as introduced, Shelley. Court employees: Supreme Court
and courts of appeal.
Existing law provides for the appointment of employees of the
Supreme Court and courts of appeal at their pleasure, respectively,
and provides for the employing court to determine the duties and pay
of those employees, except as specified.
This bill would eliminate the provision that employees of the
Supreme Court and courts of appeal serve at their pleasure,
respectively, and would provide for the formation of employee
organizations and for collective bargaining thereby with the Supreme
Court and courts of appeal, respectively, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 68806 of the Government Code is amended to
read:
68806. The Supreme Court may appoint and employ during
its pleasure such phonographic reporters, assistants,
secretaries, librarians, marshals, and other employees as it deems
necessary for the performance of the duties and exercise of the
powers conferred by law upon it and its members. The marshals shall
have the powers of a peace officer in all parts of this state, as
defined in Section 830.36 of the Penal Code. Except as in this
chapter otherwise provided, the Supreme Court shall determine the
duties and fix and pay the compensation of all those officers and
employees.
SEC. 2. Article 1.5 (commencing with Section 68816.1) is added to
Chapter 3 of Title 8 of the Government Code, to read:
Article 1.5. Employee Organizations
68816.1. For purposes of this article, the following definitions
shall apply:
(a) "Employee organization" means any organization that includes
Supreme Court employees and has as one of its primary purposes
representing those employees in their relations with the Supreme
Court.
(b) "Mediation" means effort by an impartial third party to assist
in reconciling a dispute regarding wages, hours, and other terms and
conditions of employment between representatives of the Supreme
Court and the recognized employee organization or recognized employee
organizations through interpretation, suggestion, and advice.
(c) "Meet and confer in good faith" means that the Supreme Court
or representatives as it may designate, and representatives of
recognized employee organizations, shall have the mutual obligation
personally to meet and confer promptly upon request by either party
and continue for a reasonable period of time in order to exchange
freely information, opinions, and proposals, and to endeavor to reach
agreement on matters within the scope of representation. The
process should include adequate time for the resolution of impasses
where specific procedures for resolution are contained in this
article, local rule, regulation, or ordinance, or when the procedures
are utilized by mutual consent.
(d) "Recognized employee organization" means an employee
organization which has been formally acknowledged by the Supreme
Court as an employee organization that represents employees of the
Supreme Court.
(e) "Supreme Court employee" means a person who is both of the
following:
(1) Paid from the Supreme Court's budget, regardless of the
funding source. For the purpose of this paragraph, "Supreme Court's
budget" means funds from which the Chief Justice, or his or her
designee, has authority to control, authorize, and direct
expenditures, including, but not limited to, all grant funds and
Supreme Court operations funds.
(2) Subject to the Supreme Court's right to control the manner and
means of his or her work because of the Supreme Court's authority to
hire, supervise, discipline, and terminate employment. For purposes
of this paragraph only, the "Supreme Court" includes the Justices of
the Supreme Court or their appointees who are vested with or
delegated the authority to hire, supervise, discipline, and
terminate.
(f) A person is a "Supreme Court employee" if and only if both
paragraphs (1) and (2) of subdivision (e) are true irrespective of
job classification or whether the functions performed by that person
are identified in the internal policies or job classifications of the
Supreme Court. The phrase "Supreme Court employee" includes those
subordinate judicial officers who satisfy paragraphs (1) and (2) of
subdivision (e). The phrase "Supreme Court employee" does not
include temporary employees hired through agencies, individuals hired
by the Supreme Court pursuant to an independent contractor
agreement, individuals for whom the Supreme Court reports income to
the Internal Revenue Service on a Form 1099 and does not withhold
employment taxes, and judges whether elected or appointed.
68816.2. Except as otherwise expressly provided in this article,
the enactment of this article shall not be a cause for the
modification or elimination of any existing wages, hours, or terms
and conditions of employment of Supreme Court employees. However,
the enactment of this article shall not prevent the modification or
elimination of existing wages, hours, or terms and conditions of
employment through the meet and confer in good faith process or, in
those situations in which the employees are either exempted from
representation, or are not represented by a recognized employee
organization, through appropriate procedures.
68816.3. (a) Except as provided in subdivision (b), January 1,
2002, shall be the implementation date of this article.
(b) Representatives of the Supreme Court and representatives of
recognized employee organizations may mutually agree to an
implementation date of this article later than January 1, 2002.
68816.4. It is the purpose of this article to promote full
communication between the Supreme Court and its employees by
providing a reasonable method of resolving disputes regarding wages,
hours, and other terms and conditions of employment between the
Supreme Court and a recognized employee organization. It is also the
purpose of this article to promote the improvement of personnel
management and employer-employee relations within the Supreme Court
in the State of California by providing a uniform basis for
recognizing the right of Supreme Court employees to join an
organization of their own choice and be represented by those
organizations in their employment relations with the Supreme Court.
It is also the purpose of this article to extend to Supreme Court
employees the right, and to require the Supreme Court, to meet and
confer in good faith over matters within the scope of representation,
consistent with the procedures set forth in this article.
68816.5. Except as otherwise provided by the Legislature, Supreme
Court employees shall have the right to form, join, and participate
in the activities of employee organizations of their own choosing for
the purpose of representation on all matters of employer-employee
relations. Supreme Court employees also shall have the right to
refuse to join or participate in the activities of employee
organizations and shall have the right to represent themselves
individually in their employment relations with the Supreme Court.
68816.6. (a) Notwithstanding any other provision of law, rule, or
regulation, an agency shop agreement may be negotiated between the
Supreme Court and a recognized employee organization which has been
recognized as the exclusive or majority bargaining agent pursuant to
reasonable rules and regulations, and enactments, in accordance with
this article. As used in this article, "agency shop" means an
arrangement that requires an employee, as a condition of continued
employment, either to join the recognized employee organization, or
to pay the organization a service fee in an amount not to exceed the
standard initiation fee, periodic dues, and general assessments of
that organization for the duration of the agreement or a period of
three years from the effective date of the agreement, whichever comes
first. However, any employee who is a member of a bona fide
religion, body, or sect which has historically held conscientious
objections to joining or financially supporting a recognized employee
organization shall not be required to join or financially support
any recognized employee organization as a condition of employment.
Such an employee may be required, in lieu of periodic dues,
initiation fees, or agency shop fees to pay sums equal to those dues,
initiation fees, or agency shop fees to a nonreligious, nonlabor
charitable organization fund exempt from taxation under Section 501
(c)(3) of the Internal Revenue Code, chosen by the employee from a
list of at least three such funds, designated in a memorandum of
understanding or agreement between the Supreme Court and the
recognized employee organization, or if the memorandum of
understanding or agreement fails to designate such funds, then to any
such fund chosen by the employee. Proof of those payments shall be
made on a monthly basis to the Supreme Court as a condition of
continued exemption from the requirement of financial support to the
recognized employee organization.
(b) An agency shop provision in a memorandum of understanding or
agreement which is in effect may be rescinded by a majority vote of
all the employees in the unit covered by the memorandum of
understanding or agreement, provided that (1) a request for such a
vote is supported by a petition containing the signatures of at least
30 percent of the employees in the unit; (2) the vote is by secret
ballot; and (3) the vote may be taken at anytime during the term of
such memorandum of understanding or agreement, but in no event shall
there be more than one vote taken during that term.
(c) In addition to the procedure prescribed in subdivision (a), an
agency shop arrangement between the Supreme Court and a recognized
employee organization shall be placed in effect upon (1) a signed
petition of at least 30 percent of the employees in the applicable
bargaining unit requesting an agency shop agreement and an election
to implement an agency fee arrangement, and (2) the approval of a
majority of employees who cast ballots and vote in favor of the
agency shop agreement. This subdivision shall only be applicable in
the event the court and representatives of the recognized employee
organization, through the meet and confer process, establish a
provision in a negotiated memorandum of understanding or agreement
that the employee organization shall hold harmless the court and
defend and indemnify the court regarding the application of any
agency shop requirements or provisions, including, but not limited
to, improper deduction of fees, maintenance of records, and improper
reporting. This subdivision shall be applicable January 1, 2002.
(d) Notwithstanding subdivisions (a), (b), and (c), the Supreme
Court and the recognized employee organization may negotiate, and by
mutual agreement provide for, an alternative procedure or procedures
regarding a vote on any agency shop agreement.
(e) An agency shop agreement shall not apply to management,
confidential, or supervisory employees.
(f) Every recognized employee organization which has agreed to an
agency shop provision, or is a party to an agency shop arrangement,
shall keep an adequate itemized record of its financial transactions
and shall make available annually, to the Supreme Court with which
the agency shop provision was negotiated, and to the employees who
are members of the organization, within 60 days after the end of its
fiscal year, a detailed written financial report thereof in the form
of a balance sheet and an operating statement, certified as to
accuracy by its president and treasurer or corresponding principal
officer, or by a certified public accountant. An employee
organization required to file financial reports under the federal
Labor-Management Reporting and Disclosure Act of 1959
(Griffin-Landrum Act) covering employees governed by this article or
required to file financial reports under Section 3546.5, may satisfy
the financial reporting requirement of this section by providing the
Supreme Court with a copy of those financial reports.
68816.7. If the Supreme Court is party to any memorandum of
understanding or agreement with any bargaining unit that includes
court employees that provides for an agency shop provision as of the
implementation date of this article, the Supreme Court and employee
organization representing the Supreme Court employees shall be
obligated to honor the terms of the agency shop provision, including
indemnification provisions, if any, for the duration of the
memorandum of understanding or agreement. The implementation of this
article shall not be a cause for a new agency shop election.
68816.8. A recognized employee organization shall have the right
to represent members in their employment relations with the Supreme
Court as to matters covered by this article. An employee
organization may establish reasonable restrictions regarding who may
join and may make reasonable provisions for the dismissal of
individuals from membership. Nothing in this article shall prohibit
any employee from appearing on his or her own behalf regarding
employment relations with the Supreme Court.
68816.9. (a) The scope of representation shall include all
matters relating to employment conditions and employer-employee
relations, including, but not limited to, wages, hours, and other
terms and conditions of employment. However, the scope of
representation shall not include consideration of the merits,
necessity, or organization of any service or activity provided by law
or executive order.
(b) In view of the unique and special responsibilities of the
Supreme Court in the administration of justice, decisions regarding
the following matters shall not be included within the scope of
representation:
(1) The merits and administration of the Supreme Court system.
(2) Design, construction, and location of court facilities.
(3) Delivery of court services.
(4) Hours of operation of the Supreme Court and Supreme Court
system.
(c) The impact from matters designated in subdivision (b) shall be
included within the scope of representation as those matters affect
wages, hours, and terms and conditions of employment of Supreme Court
employees. The Supreme Court shall be required to meet and confer
in good faith with respect to that impact.
(d) The Supreme Court shall continue to have the right to
determine assignments and transfers of Supreme Court employees;
provided that the process, procedures, and criteria for assignments
and transfers shall be included within the scope of representation.
68816.10. (a) Except in cases of emergency as provided in this
section, the Supreme Court shall give reasonable written notice to
each recognized employee organization affected by any rule, practice,
or policy directly relating to matters within the scope of
representation proposed to be adopted by the Supreme Court and shall
give each such recognized employee organization the opportunity to
meet with the Supreme Court.
(b) In cases of emergency when the Supreme Court determines that
any rule, policy, or procedure must be adopted immediately without
prior notice or meeting with a recognized employee organization, the
Supreme Court shall provide such notice and opportunity to meet at
the earliest practicable time following the adoption of the rule,
policy, or procedure.
68816.11. (a) The Supreme Court, or those representatives as it
may designate, shall meet and confer in good faith regarding wages,
hours, and other terms and conditions of employment within the scope
of representation with representatives of the recognized employee
organizations and shall consider fully the presentations as are made
by the recognized employee organization on behalf of its members
prior to arriving at a determination of policy or course of action.
68816.12. If agreement is reached by the representatives of the
Supreme Court and a recognized employee organization, they shall
jointly prepare a written memorandum of the agreement or
understanding, which shall not be binding, and present it to the
Supreme Court or its designee for determination.
68816.13. If after a reasonable period of time, representatives
of the Supreme Court and the recognized employee organization fail to
reach agreement, the Supreme Court and the recognized employee
organization together may agree upon the appointment of a mediator
mutually agreeable to the parties.
Costs of mediation, if any, shall be divided one-half to the
Supreme Court and one-half to the recognized employee organization.
68816.14. The Supreme Court shall allow a reasonable number of
Supreme Court employee representatives of a recognized employee
organization reasonable time off, without loss of compensation or
other benefits, when formally meeting and conferring with
representatives of the Supreme Court on matters within the scope of
representation.
68816.15. The Supreme Court and employee organizations shall not
interfere with, intimidate, restrain, coerce, or discriminate against
court employees because of their exercise of their rights under
Section 66816.5.
68816.16. (a) The Supreme Court may adopt reasonable rules and
regulations, after consultation in good faith with representatives of
an employee organization or organizations, for the administration of
employer-employee relations under this article. These rules and
regulations may include provisions for any of the following:
(1) Verifying that an organization does in fact represent
employees of the Supreme Court.
(2) Verifying the official status of employee organization
officers and representatives.
(3) Recognition of employee organizations.
(4) Exclusive recognition of employee organizations formally
recognized pursuant to a vote of the employees of the Supreme Court
or an appropriate unit thereof, subject to the right of an employee
to represent himself or herself as provided in Section 68816.5.
(5) Additional procedures for the resolution of disputes involving
wages, hours, and other terms and conditions of employment.
(6) Access of employee organization officers and representatives
to work locations.
(7) Use of official bulletin boards and other means of
communication by employee organizations.
(8) Furnishing nonconfidential information pertaining to
employment relations to employee organizations.
(9) Such other matters as are necessary to carry out the purposes
of this article.
(b) Exclusive recognition of employee organizations formally
recognized as majority representatives pursuant to a vote of the
employees may be revoked by a majority vote of the employees only
after a period of not less than 12 months following the date of
recognition.
(c) No Supreme Court shall unreasonably withhold recognition of
employee organizations.
(d) Pursuant to the obligation to meet and confer in good faith,
the Supreme Court shall establish procedures to determine the
appropriateness of any bargaining unit of court employees.
68816.17. In the absence of local procedures for resolving
disputes on the appropriateness of a unit of representation, upon the
request of any of the parties, the dispute shall be submitted to the
Division of Conciliation of the Department of Industrial Relations
for the mediation or for recommendation for resolving the dispute.
68816.18. (a) For purposes of this article, professional
employees shall not be denied the right to be represented separately
from nonprofessional employees by a professional employee
organization consisting of those professional employees. In the
event of a dispute on the appropriateness of a unit of representation
for professional employees, upon request of any of the parties, the
dispute shall be submitted to the Division of Conciliation of the
Department of Industrial Relations for mediation or for
recommendation for resolving the dispute.
(b) For the purpose of this section, "professional employees"
means employees engaged in work requiring specialized knowledge and
skills attained through completion of a recognized course of
instruction, including, but not limited to, attorneys.
68816.19. For purposes of this article, in addition to those
rules and regulations that the Supreme Court may adopt pursuant to,
and in the same manner as set forth in, Section 68816.18, the Supreme
Court may adopt reasonable rules and regulations providing for
designation of the management and confidential employees of the
Supreme Court and restricting those employees from representing any
employee organization which represents other employees of the Supreme
Court, on matters within the scope of representation. Except as
specifically provided otherwise in this article, this section does
not otherwise limit the right of employees to be members of, and to
hold office in, an employee organization.
68816.20. A Supreme Court employee shall have the right to
authorize a dues deduction from his or her salary or wages in the
same manner provided to public agency employees pursuant to Section
1157.1, 1157.2, 1157.3, 1157.4, 1157.5, or 1157.7.
68816.21. (a) The Supreme Court shall adopt a procedure to be
used as a preliminary step before petitioning the superior court for
relief pursuant to subdivision (c). The procedure may be mediation
or arbitration for review of the decision of the hearing officer in
evidentiary due process hearings. The establishment of the procedure
shall be subject to the obligation to meet and confer in good faith.
However, nothing in this section shall prohibit a party from
seeking provisional relief, such as a stay, in any case in which such
provisional relief would otherwise be appropriate.
(b) If the Supreme Court and a recognized employee organization
reach an impasse regarding development of a procedure required
pursuant to subdivision (a), the Supreme Court shall adopt nonbinding
arbitration for review of the decision of the hearing officer in
evidentiary due process or hearings.
(c) Notwithstanding Sections 1085 and 1103 of the Code of Civil
Procedure requiring the issuance of a writ to an inferior tribunal,
any agreements reached pursuant to negotiations held pursuant to this
article are binding on the parties and may be enforced by
petitioning the superior court for relief pursuant to Section 1085 or
1103 of the Code of Civil Procedure.
(d) Notwithstanding Sections 1085 and 1103 of the Code of Civil
Procedure requiring the issuance of a writ to an inferior tribunal,
in the event that the Supreme Court, a Supreme Court employee, or an
employee organization believes there has been a violation of this
article, that party may petition the superior court for relief.
(e) The Judicial Council shall adopt rules of court to implement
the hearing and appeal process. The rules of court shall provide a
mechanism for the establishment of a panel of court of appeal
justices who shall be qualified to hear such matters, as specified in
the rules of court, from which a single justice shall be assigned to
hear the matter in the superior court. The rules of court shall
provide that such matters shall be heard in the superior court and
the court of appeal on an expedited basis, and to the extent
permitted by law or rule of court, shall provide that any justice
assigned to hear the matter in the superior court shall not be from
the court of appeal district in which the action is filed, and shall
provide that appeals in these matters shall be heard in the court of
appeal district of the justice assigned to hear the matters in the
superior court.
(f) A complete alternative to the procedure outlined in
subdivisions (c) and (d) may be provided for by mutual agreement
between the Supreme Court and representatives of a recognized
employee organization.
68816.22. The enactment of this article shall not be construed as
making Section 923 of the Labor Code applicable to Supreme Court
employees.
68816.23. The Supreme Court and Supreme Court employees are not
covered by Chapter 10 (commencing with Section 3500) of Division 4 of
Title 1, or any subsequent changes to that chapter except as
provided in this article. However, where the language of this article
is the same or substantially the same as that contained in Chapter
10 (commencing with Section 3500) of Division 4 of Title 1, it shall
be interpreted and applied in accordance with the judicial
interpretations of the same language.
SEC. 3. Section 69141 of the Government Code is amended to read:
69141. Each court of appeal may appoint and employ
during its pleasure a clerk, and such phonographic
reporters, assistants, secretaries, librarians, and other employees
as it deems necessary for the performance of the duties and exercise
of the powers conferred by law upon it and its members. Except as
otherwise provided in this chapter, each such court may determine the
duties and, subject to subdivision (b) of Section 19825 of the
Government Code, fix and pay the compensation of all such officers
and employees.
All salaries and expenses incurred under this section shall be
paid from the funds appropriated for the use of such courts, when
approved by order of the courts.
SEC. 4. Article 3 (commencing with Section 69161.1) is added to
Chapter 4 of Title 8 of the Government Code, to read:
Article 3. Employee Organizations
69161.1. For purposes of this article, the following definitions
shall apply:
(a) "Employee organization" means any organization that includes
court of appeal employees and has as one of its primary purposes
representing those employees in their relations with the court of
appeal.
(b) "Mediation" means effort by an impartial third party to assist
in reconciling a dispute regarding wages, hours, and other terms and
conditions of employment between representatives of the court of
appeal and the recognized employee organization or recognized
employee organizations through interpretation, suggestion, and
advice.
(c) "Meet and confer in good faith" means that the court of appeal
or representatives as it may designate, and representatives of
recognized employee organizations, shall have the mutual obligation
personally to meet and confer promptly upon request by either party
and continue for a reasonable period of time in order to exchange
freely information, opinions, and proposals, and to endeavor to reach
agreement on matters within the scope of representation. The
process should include adequate time for the resolution of impasses
where specific procedures for resolution are contained in this
article, local rule, regulation, or ordinance, or when the procedures
are utilized by mutual consent.
(d) "Recognized employee organization" means an employee
organization which has been formally acknowledged by the court of
appeal as an employee organization that represents employees of the
court of appeal.
(e) "Court of appeal employee" means a person who is both of the
following:
(1) Paid from the court of appeal's budget, regardless of the
funding source. For the purpose of this paragraph, "court of appeal'
s budget" means funds from which a presiding justice, or his or her
designee, has authority to control, authorize, and direct
expenditures, including, but not limited to, all grant funds and
court of appeal operations funds.
(2) Subject to the court of
appeal's right to control the manner and means of his or her work
because of the court of appeal's authority to hire, supervise,
discipline, and terminate employment. For purposes of this paragraph
only, the "court of appeal" includes the judges of the court of
appeal or their appointees who are vested with or delegated the
authority to hire, supervise, discipline, and terminate.
(f) A person is a "court of appeal employee" if and only if both
paragraphs (1) and (2) of subdivision (e) are true irrespective of
job classification or whether the functions performed by that person
are identified in the internal policies or job classifications of the
court of appeal. The phrase "court of appeal employee" includes
those subordinate judicial officers who satisfy paragraphs (1) and
(2) of subdivision (e). The phrase "court of appeal employee" does
not include temporary employees hired through agencies, individuals
hired by the court of appeal pursuant to an independent contractor
agreement, individuals for whom the court of appeal reports income to
the Internal Revenue Service on a Form 1099 and does not withhold
employment taxes, and judges whether elected or appointed.
69161.2. Except as otherwise expressly provided in this article,
the enactment of this article shall not be a cause for the
modification or elimination of any existing wages, hours, or terms
and conditions of employment of court of appeal employees. However,
the enactment of this article shall not prevent the modification or
elimination of existing wages, hours, or terms and conditions of
employment through the meet and confer in good faith process or, in
those situations in which the employees are either exempted from
representation, or are not represented.
69161.3. (a) Except as provided in subdivision (b), January 1,
2002, shall be the implementation date of this article.
(b) Representatives of the court of appeal and representatives of
recognized employee organizations may mutually agree to an
implementation date of this article later than January 1, 2002.
69161.4. It is the purpose of this article to promote full
communication between the courts of appeal and their employees by
providing a reasonable method of resolving disputes regarding wages,
hours, and other terms and conditions of employment between courts of
appeal and a recognized employee organization. It is also the
purpose of this article to promote the improvement of personnel
management and employer-employee relations within the courts of
appeal in the State of California by providing a uniform basis for
recognizing the right of court of appeal employees to join an
organization of their own choice and be represented by those
organizations in their employment relations with courts of appeal.
It is also the purpose of this article to extend to court of appeal
employees the right, and to require courts of appeal, to meet and
confer in good faith over matters within the scope of representation,
consistent with the procedures set forth in this article.
69161.5. Except as otherwise provided by the Legislature, court
of appeal employees shall have the right to form, join, and
participate in the activities of employee organizations of their own
choosing for the purpose of representation on all matters of
employer-employee relations. Court of appeal employees also shall
have the right to refuse to join or participate in the activities of
employee organizations and shall have the right to represent
themselves individually in their employment relations with the court
of appeal.
69161.6. (a) Notwithstanding any other provision of law, rule, or
regulation, an agency shop agreement may be negotiated between a
court of appeal and a recognized employee organization which has been
recognized as the exclusive or majority bargaining agent pursuant to
reasonable rules and regulations, and enactments, in accordance with
this article. As used in this article, "agency shop" means an
arrangement that requires an employee, as a condition of continued
employment, either to join the recognized employee organization, or
to pay the organization a service fee in an amount not to exceed the
standard initiation fee, periodic dues, and general assessments of
that organization for the duration of the agreement or a period of
three years from the effective date of the agreement, whichever comes
first. However, any employee who is a member of a bona fide
religion, body, or sect which has historically held conscientious
objections to joining or financially supporting a recognized employee
organization shall not be required to join or financially support
any recognized employee organization as a condition of employment.
Such an employee may be required, in lieu of periodic dues,
initiation fees, or agency shop fees to pay sums equal to those dues,
initiation fees, or agency shop fees to a nonreligious, nonlabor
charitable organization fund exempt from taxation under Section 501
(c)(3) of the Internal Revenue Code, chosen by the employee from a
list of at least three such funds, designated in a memorandum of
understanding or agreement between courts of appeal and the
recognized employee organization, or if the memorandum of
understanding or agreement fails to designate such funds, then to any
such fund chosen by the employee. Proof of those payments shall be
made on a monthly basis to courts of appeal as a condition of
continued exemption from the requirement of financial support to the
recognized employee organization.
(b) An agency shop provision in a memorandum of understanding or
agreement which is in effect may be rescinded by a majority vote of
all the employees in the unit covered by the memorandum of
understanding or agreement, provided that (1) a request for such a
vote is supported by a petition containing the signatures of at least
30 percent of the employees in the unit; (2) the vote is by secret
ballot; and (3) the vote may be taken at anytime during the term of
such memorandum of understanding or agreement, but in no event shall
there be more than one vote taken during that term.
(c) In addition to the procedure prescribed in subdivision (a), an
agency shop arrangement between the court of appeal and a recognized
employee organization shall be placed in effect upon (1) a signed
petition of at least 30 percent of the employees in the applicable
bargaining unit requesting an agency shop agreement and an election
to implement an agency fee arrangement, and (2) the approval of a
majority of employees who cast ballots and vote in favor of the
agency shop agreement. This subdivision shall only be applicable in
the event the courts and representatives of the recognized employee
organization, through the meet and confer process, establish a
provision in a negotiated memorandum of understanding or agreement
that the employee organization shall hold harmless the court and
defend and indemnify the court regarding the application of any
agency shop requirements or provisions, including, but not limited
to, improper deduction of fees, maintenance of records, and improper
reporting. This subdivision shall be applicable January 1, 2002.
(d) Notwithstanding subdivisions (a), (b), and (c), courts of
appeal and recognized employee organizations may negotiate, and by
mutual agreement provide for, an alternative procedure or procedures
regarding a vote on any agency shop agreement.
(e) An agency shop agreement shall not apply to management,
confidential, or supervisory employees.
(f) Every recognized employee organization which has agreed to an
agency shop provision, or is a party to an agency shop arrangement,
shall keep an adequate itemized record of its financial transactions
and shall make available annually, to courts of appeal with which the
agency shop provision was negotiated, and to the employees who are
members of the organization, within 60 days after the end of its
fiscal year, a detailed written financial report thereof in the form
of a balance sheet and an operating statement, certified as to
accuracy by its president and treasurer or corresponding principal
officer, or by a certified public accountant. An employee
organization required to file financial reports under the federal
Labor-Management Disclosure Act of 1959 covering employees governed
by this article or required to file financial reports under Section
3546.5, may satisfy the financial reporting requirement of this
section by providing courts of appeal with a copy of those financial
reports.
69161.7. If the court of appeal is party to any memorandum of
understanding or agreement with any bargaining unit that includes
court employees that provides for an agency shop provision as of the
implementation date of this article, the courts of appeal and
employee organization representing court of appeal employees shall be
obligated to honor the terms of the agency shop provision, including
indemnification provisions, if any, for the duration of the
memorandum of understanding or agreement. The implementation of this
article shall not be a cause for a new agency shop election.
69161.8. Recognized employee organizations shall have the right
to represent members in their employment relations with courts of
appeal as to matters covered by this article. Employee organizations
may establish reasonable restrictions regarding who may join and may
make reasonable provisions for the dismissal of individuals from
membership. Nothing in this article shall prohibit any employee from
appearing on his or her own behalf regarding employment relations
with courts of appeal.
69161.9. (a) The scope of representation shall include all
matters relating to employment conditions and employer-employee
relations, including, but not limited to, wages, hours, and other
terms and conditions of employment. However, the scope of
representation shall not include consideration of the merits,
necessity, or organization of any service or activity provided by law
or executive order.
(b) In view of the unique and special responsibilities of the
courts of appeal in the administration of justice, decisions
regarding the following matters shall not be included within the
scope of representation:
(1) The merits and administration of courts of appeal system.
(2) Design, construction, and location of court facilities.
(3) Delivery of court services.
(4) Hours of operation of each courts of appeal system.
(c) The impact from matters designated in subdivision (b) shall be
included within the scope of representation as those matters affect
wages, hours, and terms and conditions of employment of court of
appeal employees. Courts of appeal shall be required to meet and
confer in good faith with respect to that impact.
(d) The court of appeal shall continue to have the right to
determine assignments and transfers of their employees; provided that
the process, procedures, and criteria for assignments and transfers
shall be included within the scope of representation.
69161.10. (a) Except in cases of emergency as provided in this
section, the court of appeal shall give reasonable written notice to
each recognized employee organization affected by any rule, practice,
or policy directly relating to matters within the scope of
representation proposed to be adopted by courts of appeal and shall
give each such recognized employee organization the opportunity to
meet with the court of appeal.
(b) In cases of emergency when the court of appeal determines that
any rule, policy, or procedure must be adopted immediately without
prior notice or meeting with a recognized employee organization, the
court of appeal shall provide such notice and opportunity to meet at
the earliest practicable time following the adoption of the rule,
policy, or procedure.
69161.11. (a) The court of appeal, or those representatives as it
may designate, shall meet and confer in good faith regarding wages,
hours, and other terms and conditions of employment within the scope
of representation with representatives of the recognized employee
organizations and shall consider fully the presentations as are made
by the recognized employee organization on behalf of its members
prior to arriving at a determination of policy or course of action.
69161.12. If agreement is reached by the representatives of the
court of appeal and a recognized employee organization, they shall
jointly prepare a written memorandum of the agreement or
understanding, which shall not be binding, and present it to the
court of appeal or its designee for determination.
69161.13. If after a reasonable period of time, representatives
of the court of appeal and the recognized employee organization fail
to reach agreement, the court of appeal and the recognized employee
organization together may agree upon the appointment of a mediator
mutually agreeable to the parties.
Costs of mediation, if any, shall be divided one-half to the court
of appeal and one-half to the recognized employee organization or
recognized employee organizations.
69161.14. The courts of appeal shall allow a reasonable number of
court of appeal employee representatives of a recognized employee
organization reasonable time off, without loss of compensation or
other benefits, when formally meeting and conferring with
representatives of courts of appeal on matters within the scope of
representation.
69161.15. Courts of appeal and employee organizations shall not
interfere with, intimidate, restrain, coerce, or discriminate against
court employees because of their exercise of their rights under
Section 69161.2.
69161.16. (a) A court of appeal may adopt reasonable rules and
regulations, after consultation in good faith with representatives of
an employee organization or organizations, for the administration of
employer-employee relations under this article. These rules and
regulations may include provisions for any of the following:
(1) Verifying that an organization does in fact represent
employees of courts of appeal.
(2) Verifying the official status of employee organization
officers and representatives.
(3) Recognition of employee organizations.
(4) Exclusive recognition of employee organizations formally
recognized pursuant to a vote of the employees of courts of appeal or
an appropriate unit thereof, subject to the right of an employee to
represent himself or herself as provided in Section 69161.5.
(5) Additional procedures for the resolution of disputes involving
wages, hours, and other terms and conditions of employment.
(6) Access of employee organization officers and representatives
to work locations.
(7) Use of official bulletin boards and other means of
communication by employee organizations.
(8) Furnishing nonconfidential information pertaining to
employment relations to employee organizations.
(9) Such other matters as are necessary to carry out the purposes
of this article.
(b) Exclusive recognition of employee organizations formally
recognized as majority representatives pursuant to a vote of the
employees may be revoked by a majority vote of the employees only
after a period of not less than 12 months following the date of
recognition.
(c) No court of appeal shall unreasonably withhold recognition of
employee organizations.
(d) Pursuant to the obligation to meet and confer in good faith,
the court of appeal shall establish procedures to determine the
appropriateness of any bargaining unit of court employees.
69161.17. In the absence of local procedures for resolving
disputes on the appropriateness of a unit of representation, upon the
request of any of the parties, the dispute shall be submitted to the
Division of Conciliation of the Department of Industrial Relations
for the mediation or for recommendation for resolving the dispute.
69161.18. (a) For purposes of this article, professional
employees shall not be denied the right to be represented separately
from nonprofessional employees by a professional employee
organization consisting of those professional employees. In the
event of a dispute on the appropriateness of a unit of representation
for professional employees, upon request of any of the parties, the
dispute shall be submitted to the Division of Conciliation of the
Department of Industrial Relations for mediation or for
recommendation for resolving the dispute.
(b) For the purpose of this section, "professional employees"
means employees engaged in work requiring specialized knowledge and
skills attained through completion of a recognized course of
instruction, including, but not limited to, attorneys.
69161.19. For purposes of this article, in addition to those
rules and regulations that courts of appeal may adopt pursuant to,
and in the same manner as set forth in, Section 69161.18, any court
of appeal may adopt reasonable rules and regulations providing for
designation of the management and confidential employees of courts of
appeal and restricting those employees from representing any
employee organization which represents other employees of the court
of appeal, on matters within the scope of representation. Except as
specifically provided otherwise in this article, this section does
not otherwise limit the right of employees to be members of, and to
hold office in, an employee organization.
69161.20. A court of appeal employee shall have the right to
authorize a dues deduction from his or her salary or wages in the
same manner provided to public agency employees pursuant to Section
1157.1, 1157.2, 1157.3, 1157.4, 1157.5, or 1157.7.
69161.21. (a) Each court of appeal shall adopt a procedure to be
used as a preliminary step before petitioning the superior court for
relief pursuant to subdivision (c). The procedure may be mediation
or arbitration for review of the decision of the hearing officer in
evidentiary due process hearings. The establishment of the procedure
shall be subject to the obligation to meet and confer in good faith.
However, nothing in this section shall prohibit a party from
seeking provisional relief, such as a stay, in any case in which such
provisional relief would otherwise be appropriate.
(b) If a court of appeal and a recognized employee organization
reach an impasse regarding development of a procedure required
pursuant to subdivision (a), the court of appeal shall adopt
nonbinding arbitration for review of the decision of the hearing
officer in evidentiary due process or hearings.
(c) Notwithstanding Sections 1085 and 1103 of the Code of Civil
Procedure requiring the issuance of a writ to an inferior tribunal,
any agreements reached pursuant to negotiations held pursuant to this
article are binding on the parties and may be enforced by
petitioning the superior court for relief pursuant to Section 1085 or
1103 of the Code of Civil Procedure.
(d) Notwithstanding Sections 1085 and 1103 of the Code of Civil
Procedure requiring the issuance of a writ to an inferior tribunal,
in the event that a court of appeal, a court of appeal employee, or
an employee organization believes there has been a violation of this
article, that party may petition the superior court for relief.
(e) The Judicial Council shall adopt rules of court to implement
this hearing and appeal process. The rules of court shall provide a
mechanism for the establishment of a panel of court of appeal
justices who are not parties to the hearing and appeal, and who shall
be qualified to hear such matters, as specified in the rules of
court, from which a single justice shall be assigned to hear the
matter in the superior court. The rules of court shall provide that
such matters shall be heard in the superior court and the court of
appeal on an expedited basis, and to the extent permitted by law or
rule of court, shall provide that any justice assigned to hear the
matter in the superior court shall not be from the court of appeal
district in which the action is filed, and shall provide that appeals
in these matters shall be heard in the court of appeal district of
the justice assigned to hear the matters in the superior court.
(f) A complete alternative to the procedure outlined in
subdivisions (c) and (d) may be provided for by mutual agreement
between courts of appeal and representatives of a recognized employee
organization.
69161.22. The enactment of this article shall not be construed as
making Section 923 of the Labor Code applicable to court of appeal
employees.
69161.23. Courts of appeal and court of appeal employees are not
covered by Chapter 10 (commencing with Section 3500) of Division 4 of
Title 1, or any subsequent changes to that chapter except as
provided in this article. However, where the language of this article
is the same or substantially the same as that contained in Chapter
10 (commencing with Section 3500) of Division 4 of Title 1, it shall
be interpreted and applied in accordance with the judicial
interpretations of the same language.