CHAPTER 12. Higher Education Employer-Employee Relations
Chapter 12 added by Stats. 1978, Ch. 744.
§§ 3560–3599 · 61 sections
ARTICLE 1. General Provisions §§ 3560–3562.2 · 5 sections
- § 3560 The Legislature hereby finds and declares that: (a) The people of the State of California have a fundamental interest in the development of harmonious and…
- § 3561 (a) It is the further purpose of this chapter to provide orderly and clearly defined procedures for meeting and conferring and the resolution of impasses, and…
- § 3562 As used in this chapter: (a) “Arbitration” means a method of resolving a rights dispute under which the parties to a controversy must accept the award of a…
- § 3562.1 The California State University may meet and confer with the employee organization selected as the exclusive representative of appropriate units at the…
- § 3562.2 Notwithstanding subdivision (r) of Section 3562, for purposes of the California State University only, “scope of representation” also means any retirement…
ARTICLE 2. Administration §§ 3563–3563.5 · 5 sections
- § 3563 This chapter shall be administered by the Public Employment Relations Board. In administering this chapter the board shall have all of the following rights,…
- § 3563.1 Any person who shall willfully resist, prevent, impede or interfere with any member of the board, or any of its agents, in the performance of duties pursuant…
- § 3563.2 The initial determination as to whether the charges of unfair practices are justified, and, if so, what remedy is necessary to effectuate the purposes of this…
- § 3563.3 The board shall have the power to issue a decision and order directing an offending party to cease and desist from the unfair practice and to take such…
- § 3563.5 Notwithstanding any other law, if a decision by an administrative law judge regarding the recognition or certification of an employee organization as described…
ARTICLE 3. Judicial Review § 3564 · 1 section
- § 3564 (a) No employer or employee organization shall have the right to judicial review of a unit determination except: (1) when the board in response to a petition…
ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices §§ 3565–3572.5 · 15 sections
- § 3565 Higher education employees shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose…
- § 3566 The Trustees of the California State University shall adopt reasonable rules and regulations for all of the following: (a) Registering employee organizations,…
- § 3567 Any employee or group of employees may at any time, either individually or through a representative of their own choosing, present grievances to the employer…
- § 3568 Subject to reasonable regulations, employee organizations shall have the right of access at reasonable times to areas in which employees work, the right to use…
- § 3569 A reasonable number of representatives of an exclusive representative shall have the right to receive reasonable periods of released or reassigned time without…
- § 3569.5 (a) The state shall allow up to three employee representatives from each employee organization which represents employees of the California State University…
- § 3570 Higher education employers, or such representatives as they may designate, shall engage in meeting and conferring with the employee organization selected as…
- § 3571 It shall be unlawful for the higher education employer to do any of the following: (a) Impose or threaten to impose reprisals on employees, to discriminate or…
- § 3571.1 It shall be unlawful for an employee organization to: (a) Cause or attempt to cause the higher education employer to violate Section 3571. (b) Impose or…
- § 3571.3 The expression of any views, arguments, or opinions, or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute,…
- § 3571.5 (a) (1) (A) A higher education employer shall provide a procedure for all medical and dental interns and residents, persons in resident physician subspecialty…
- § 3572 This section shall apply only to the California State University. (a) The duty to meet and confer in good faith requires the parties to begin negotiations…
- § 3572.1 This section shall apply only to the California Maritime Academy. (a) The duty to engage in meeting and conferring requires the parties to begin meeting and…
- § 3572.3 (a) This section shall apply only to the University of California. (b) The duty to engage in meeting and conferring requires the parties to begin meeting and…
- § 3572.5 (a) Except as provided in subdivision (b), in the case where the following provisions of law are in conflict with a memorandum of understanding, the memorandum…
ARTICLE 5. Employee Organizations: Representation, Recognition, Certification and Decertification §§ 3573–3578 · 6 sections
- § 3573 An employee organization may become the exclusive representative for the employees of an appropriate unit for purposes of meeting and conferring by filing a…
- § 3574 The higher education employer shall grant a request for recognition filed pursuant to Section 3573 unless any of the following occurs: (a) The employer…
- § 3575 A petition may be filed with the board, in accordance with its rules and regulations, requesting it to investigate and decide the question of whether employees…
- § 3576 A petition may be filed with the board, in accordance with its rules and regulations, requesting it to investigate and decide the question of whether the…
- § 3577 (a) (1) (A) Upon receipt of a petition filed pursuant to Section 3575, the board shall conduct inquiries and investigations, or hold hearings, as it deems…
- § 3578 The employee organization recognized or certified as the exclusive representative shall represent all employees in the unit, fairly and impartially. A breach…
ARTICLE 6. Unit Determinations § 3579 · 1 section
- § 3579 (a) In each case where the appropriateness of a unit is an issue, in determining an appropriate unit, the board shall take into consideration all of the…
ARTICLE 6.5. Supervisors §§ 3580–3581.7 · 10 sections
- § 3580 Except as provided by this article, supervisory employees shall not have the rights, or be covered by, any provision or definition established by this chapter.
- § 3580.3 “Supervisory employee” means any individual, regardless of the job description or title, having authority, in the interest of the employer to hire, transfer,…
- § 3580.5 (a) Supervisory employees shall not participate in the handling of grievances on behalf of nonsupervisory employees. Nonsupervisory employees shall not…
- § 3581.1 Supervisory employees shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of…
- § 3581.2 Employee organizations shall have the right to represent their supervisory employee members in their employment relations, including grievances, with the…
- § 3581.3 The scope of representation for supervisory employees shall include all matters relating to employment conditions and supervisory employee-employer relations…
- § 3581.4 The higher education employer shall meet and confer with representatives of employee organizations upon request. Meet and confer means that they shall consider…
- § 3581.5 The higher education employer shall allow a reasonable number of supervisory public employee representatives of verified employee organizations reasonable time…
- § 3581.6 The higher education employer and employee organizations shall not interfere with, intimidate, restrain, coerce, or discriminate against supervisory employees…
- § 3581.7 Subject to review by the board, the higher education employer may adopt reasonable rules and regulations for the administration of supervisory…
ARTICLE 7. Organizational Security §§ 3582–3587 · 7 sections
- § 3582 Subject to the limitations set forth in this section, organizational security shall be within the scope of representation.
- § 3583 Permissible forms of organizational security shall be limited to either of the following: (a) An arrangement pursuant to which an employee may decide whether…
- § 3583.5 (a) (1) Notwithstanding any other provision of law, any employee of the California State University or the University of California, other than a faculty…
- § 3584 (a) Notwithstanding Section 3583.5, an employee of the California State University or the University of California, other than faculty of the University of…
- § 3585 In the absence of an arrangement pursuant to Section 3583 or 3583.5, an employer shall, upon written authorization by the employee involved, deduct and remit…
- § 3586 The Trustees of the California State University shall continue all payroll assignments authorized by an employee prior to and until recognition or…
- § 3587 Every recognized or certified employee organization shall keep an adequate itemized record of its financial transactions and shall make available annually, to…
ARTICLE 8. Rights-Disputes Arbitration § 3589 · 1 section
- § 3589 (a) An employer and an exclusive representative who enter into a written memorandum of understanding may agree to procedures for final and binding arbitration…
ARTICLE 9. Impasse Procedure §§ 3590–3594 · 5 sections
- § 3590 Either an employer or the exclusive representative may declare that an impasse has been reached between the parties in negotiations over matters within the…
- § 3591 If the mediator is unable to effect settlement of the controversy within 15 days after his appointment and the mediator declares that factfinding is…
- § 3592 The panel shall, within 10 days after its appointment, meet with the parties or their representatives and consider their respective positions. The panel may…
- § 3593 (a) If the dispute is not settled within 30 days after the appointment of the panel, or, upon agreement by both parties, within a longer period, the panel…
- § 3594 Nothing in this article shall be construed to prohibit the mediator appointed pursuant to Section 3590, with the permission of the parties, from continuing…
ARTICLE 10. Public Notice § 3595 · 1 section
- § 3595 (a) All initial proposals of exclusive representatives and of higher education employers, which relate to matters within the scope of representation, shall be…
ARTICLE 11. Miscellaneous §§ 3596–3599 · 4 sections
- § 3596 All the proceedings set forth in this section shall be exempt from the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of…
- § 3597 (a) Subject to provisions of subdivision (d), in all meeting and conferring between higher education employers and employee organizations representing student…
- § 3598 No memorandum of understanding shall contravene any federal or state law, including rules and regulations promulgated pursuant to such laws, prohibiting…
- § 3599 If any provision of this chapter or the application of such provision to any person or circumstance shall be held invalid, the remainder of this chapter, or…