| 1 | 1 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2497Introduced by Assembly Member ReyesFebruary 17, 2022 An act to add Article 7.5 (commencing with Section 3588) to Chapter 12 of Division 4 of Title 1 of the Government Code, relating to higher education employment relations.LEGISLATIVE COUNSEL'S DIGESTAB 2497, as introduced, Reyes. Higher Education Employer-Employee Relations Act: new employee orientation: membership authorization forms.The Higher Education Employer-Employee Relations Act provides for negotiations concerning wages, hours, and other terms and conditions of employment between a higher education employer, defined as the Regents of the University of California, the Board of Directors of the Hastings College of the Law, and the Trustees of the California State University, and representatives of recognized employee organizations.This bill would require a higher education employer, upon notification by an exclusive representative, to distribute membership authorization forms, as defined, to each higher education employee as part of the new employee orientation process, and to collect and return the finished membership authorization forms to the exclusive representative, as specified. The bill would authorize an exclusive representative to file an unfair practice charge with the Public Employment Relations Board alleging a violation of these requirements. The bill would subject a violator to a penalty, not to exceed $10,000, to be determined by the board based on specified criteria, and would require the penalty to be deposited in the General Fund. The bill would require attorneys fees and costs to be awarded to a party who prevails in these circumstances, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) New employee orientations are a critical time in which higher education employees are advised of their employment status, rights, benefits, duties, and responsibilities, and any other employment-related matters.(2) Providing an exclusive representative meaningful access to its represented members during new employee orientations entails ensuring that, upon notification by the exclusive representative, every higher education employer distributes membership authorization forms to employees, collects the finished forms, and timely transmits them to the exclusive representative as part of the new employee orientation process.(3) Failure of a higher education employer to distribute, collect, and transmit membership authorization forms as part of the new employee orientation process, after being notified by the exclusive representative to do so, not only deprives the exclusive representative of meaningful access to its represented members, but it also deters and discourages higher education employees from becoming members of an employee organization at one of the most critical junctures of employment.(4) Because documentation is already being distributed to and collected from employees during onboarding, integrating this requirement for higher education employers into the new employee orientation process will allow exclusive representatives to meaningfully communicate through cost-effective and efficient means with the public employees on whose behalf they act. Such communication is necessary for harmonious public employment relations and is a matter of statewide concern.(5) Requiring higher education employers to distribute, collect, and transmit membership authorization forms as part of the new employee orientation process, upon notification by the exclusive representative, does not violate, and indeed comports with, the requirement to direct employee requests to cancel or change deductions for employee organizations to the employee organization, rather than to the public agency.(b) Therefore, it is the intent of the Legislature to add the requirements described in this bill to the new employee orientation process of higher education employers to provide exclusive representatives meaningful access to their represented members, remove hurdles that make it more difficult for higher education employees to submit membership authorization forms to be represented by an employee organization of their own choosing at the start of their employment, and foster an atmosphere that permits the fullest participation by employees in the determination of conditions of employment that affect them.SEC. 2. Article 7.5 (commencing with Section 3588) is added to Chapter 12 of Division 4 of Title 1 of the Government Code, to read: Article 7.5. Distribution, Collection, and Return of Membership Authorization Forms During the New Employee Orientation Process3588. For purposes of this article, the following definitions apply:(a) Membership authorization form means a form provided by the exclusive representative to the higher education employer that gives an employee the ability to choose whether to become a member of the employee organization and authorizes deductions for dues, assessments, or fees to be remitted to the exclusive representative.(b) New employee orientation means the onboarding process of a newly hired higher education employee, as defined in paragraph (4) of subdivision (b) of Section 3555.5, or of any higher education employee who is initially entering the bargaining unit, whether in person, online, or through other means or mediums, in which employees are advised of their employment status, rights, benefits, duties and responsibilities, and any other employment-related matters.3588.1. (a) Upon notification by the exclusive representative, as part of the new employee orientation process, a higher education employer shall do all of the following:(1) Distribute to each higher education employee initially entering into a bargaining unit represented by an exclusive representative a membership authorization form during the new employee orientation process when the employee is expected to complete various employment-oriented forms.(2) Collect the finished membership authorization form, along with any other employment-oriented forms from the higher education employee, after the employee is given the opportunity to complete the membership authorization form.(3) Return to the exclusive representative, or make available to the exclusive representative at a mutually agreed-upon location, all original finished membership authorization forms collected during the new employee orientation process within 10 business or working days of the higher education employers receipt of the forms.(b) A higher education employer shall do both of the following:(1) Refer any questions by higher education employees about the membership authorization form to the exclusive representative and otherwise refrain from answering any questions from a higher education employee about the membership authorization form.(2) Not deter or discourage public employees or applicants to be public employees from becoming or remaining members of an employee organization, or from authorizing representation by an employee organization, or from authorizing dues or fee deductions to an employee organization. This is declaratory of existing law.3588.2. During the period between the effective date of this article and the expiration of an existing memorandum of understanding or collective bargaining agreement between the higher education employer and an exclusive representative, a request to meet and confer by the exclusive representative shall reopen the existing memorandum of understanding or collective bargaining agreement solely for the limited purpose of negotiating an agreement regarding the implementation of this article. The exclusive representative may elect to negotiate a side letter or similar agreement in lieu of reopening the existing memorandum of understanding or collective bargaining agreement. This article, however, does not abrogate existing agreements between higher education employers and recognized employee organizations.3588.3. This article does not prohibit agreements between a higher education employer and an exclusive representative that provide for the distribution, collection, and return of membership authorization forms that vary from the requirements of this article. If such an agreement is negotiated, the requirements of this article shall not apply to the extent that they are inconsistent with the agreement. In the absence of a mutual agreement regarding the distribution, collection, and return of membership authorization forms during the new employee orientation process, the requirements of this article shall apply.3588.4. (a) The exclusive representative may file an unfair practice charge with the board for violations of this article.(b) In addition to any other remedy provided by law, a higher education employer found to have violated this article shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000), which shall be determined by the board through application of the following criteria:(1) The higher education employers annual budget.(2) The severity of the violation.(3) Any prior history of violations by the higher education employer.(c) A penalty imposed pursuant to subdivision (b) shall be paid to the General Fund.(d) The board shall award to a prevailing party attorneys fees and costs that accrue from the inception of proceedings before the boards Division of Administrative Law until final disposition of the charge by the board. The board, however, shall not award attorneys fees and costs under this section for any proceedings before the board itself that challenge the dismissal of an unfair practice charge by the boards Office of the General Counsel. If the board initiates proceedings with a superior court to enforce or achieve compliance with a board order, or is required to defend a decision of the board involving this article after a party seeks judicial review, the court shall award the board attorneys fees and costs if the board is the prevailing party. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2497Introduced by Assembly Member ReyesFebruary 17, 2022 An act to add Article 7.5 (commencing with Section 3588) to Chapter 12 of Division 4 of Title 1 of the Government Code, relating to higher education employment relations.LEGISLATIVE COUNSEL'S DIGESTAB 2497, as introduced, Reyes. Higher Education Employer-Employee Relations Act: new employee orientation: membership authorization forms.The Higher Education Employer-Employee Relations Act provides for negotiations concerning wages, hours, and other terms and conditions of employment between a higher education employer, defined as the Regents of the University of California, the Board of Directors of the Hastings College of the Law, and the Trustees of the California State University, and representatives of recognized employee organizations.This bill would require a higher education employer, upon notification by an exclusive representative, to distribute membership authorization forms, as defined, to each higher education employee as part of the new employee orientation process, and to collect and return the finished membership authorization forms to the exclusive representative, as specified. The bill would authorize an exclusive representative to file an unfair practice charge with the Public Employment Relations Board alleging a violation of these requirements. The bill would subject a violator to a penalty, not to exceed $10,000, to be determined by the board based on specified criteria, and would require the penalty to be deposited in the General Fund. The bill would require attorneys fees and costs to be awarded to a party who prevails in these circumstances, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 2497 |
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| 15 | 15 | | Introduced by Assembly Member ReyesFebruary 17, 2022 |
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| 17 | 17 | | Introduced by Assembly Member Reyes |
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| 18 | 18 | | February 17, 2022 |
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| 20 | 20 | | An act to add Article 7.5 (commencing with Section 3588) to Chapter 12 of Division 4 of Title 1 of the Government Code, relating to higher education employment relations. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 26 | 26 | | AB 2497, as introduced, Reyes. Higher Education Employer-Employee Relations Act: new employee orientation: membership authorization forms. |
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| 28 | 28 | | The Higher Education Employer-Employee Relations Act provides for negotiations concerning wages, hours, and other terms and conditions of employment between a higher education employer, defined as the Regents of the University of California, the Board of Directors of the Hastings College of the Law, and the Trustees of the California State University, and representatives of recognized employee organizations.This bill would require a higher education employer, upon notification by an exclusive representative, to distribute membership authorization forms, as defined, to each higher education employee as part of the new employee orientation process, and to collect and return the finished membership authorization forms to the exclusive representative, as specified. The bill would authorize an exclusive representative to file an unfair practice charge with the Public Employment Relations Board alleging a violation of these requirements. The bill would subject a violator to a penalty, not to exceed $10,000, to be determined by the board based on specified criteria, and would require the penalty to be deposited in the General Fund. The bill would require attorneys fees and costs to be awarded to a party who prevails in these circumstances, as specified. |
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| 30 | 30 | | The Higher Education Employer-Employee Relations Act provides for negotiations concerning wages, hours, and other terms and conditions of employment between a higher education employer, defined as the Regents of the University of California, the Board of Directors of the Hastings College of the Law, and the Trustees of the California State University, and representatives of recognized employee organizations. |
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| 32 | 32 | | This bill would require a higher education employer, upon notification by an exclusive representative, to distribute membership authorization forms, as defined, to each higher education employee as part of the new employee orientation process, and to collect and return the finished membership authorization forms to the exclusive representative, as specified. The bill would authorize an exclusive representative to file an unfair practice charge with the Public Employment Relations Board alleging a violation of these requirements. The bill would subject a violator to a penalty, not to exceed $10,000, to be determined by the board based on specified criteria, and would require the penalty to be deposited in the General Fund. The bill would require attorneys fees and costs to be awarded to a party who prevails in these circumstances, as specified. |
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| 34 | 34 | | ## Digest Key |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) New employee orientations are a critical time in which higher education employees are advised of their employment status, rights, benefits, duties, and responsibilities, and any other employment-related matters.(2) Providing an exclusive representative meaningful access to its represented members during new employee orientations entails ensuring that, upon notification by the exclusive representative, every higher education employer distributes membership authorization forms to employees, collects the finished forms, and timely transmits them to the exclusive representative as part of the new employee orientation process.(3) Failure of a higher education employer to distribute, collect, and transmit membership authorization forms as part of the new employee orientation process, after being notified by the exclusive representative to do so, not only deprives the exclusive representative of meaningful access to its represented members, but it also deters and discourages higher education employees from becoming members of an employee organization at one of the most critical junctures of employment.(4) Because documentation is already being distributed to and collected from employees during onboarding, integrating this requirement for higher education employers into the new employee orientation process will allow exclusive representatives to meaningfully communicate through cost-effective and efficient means with the public employees on whose behalf they act. Such communication is necessary for harmonious public employment relations and is a matter of statewide concern.(5) Requiring higher education employers to distribute, collect, and transmit membership authorization forms as part of the new employee orientation process, upon notification by the exclusive representative, does not violate, and indeed comports with, the requirement to direct employee requests to cancel or change deductions for employee organizations to the employee organization, rather than to the public agency.(b) Therefore, it is the intent of the Legislature to add the requirements described in this bill to the new employee orientation process of higher education employers to provide exclusive representatives meaningful access to their represented members, remove hurdles that make it more difficult for higher education employees to submit membership authorization forms to be represented by an employee organization of their own choosing at the start of their employment, and foster an atmosphere that permits the fullest participation by employees in the determination of conditions of employment that affect them.SEC. 2. Article 7.5 (commencing with Section 3588) is added to Chapter 12 of Division 4 of Title 1 of the Government Code, to read: Article 7.5. Distribution, Collection, and Return of Membership Authorization Forms During the New Employee Orientation Process3588. For purposes of this article, the following definitions apply:(a) Membership authorization form means a form provided by the exclusive representative to the higher education employer that gives an employee the ability to choose whether to become a member of the employee organization and authorizes deductions for dues, assessments, or fees to be remitted to the exclusive representative.(b) New employee orientation means the onboarding process of a newly hired higher education employee, as defined in paragraph (4) of subdivision (b) of Section 3555.5, or of any higher education employee who is initially entering the bargaining unit, whether in person, online, or through other means or mediums, in which employees are advised of their employment status, rights, benefits, duties and responsibilities, and any other employment-related matters.3588.1. (a) Upon notification by the exclusive representative, as part of the new employee orientation process, a higher education employer shall do all of the following:(1) Distribute to each higher education employee initially entering into a bargaining unit represented by an exclusive representative a membership authorization form during the new employee orientation process when the employee is expected to complete various employment-oriented forms.(2) Collect the finished membership authorization form, along with any other employment-oriented forms from the higher education employee, after the employee is given the opportunity to complete the membership authorization form.(3) Return to the exclusive representative, or make available to the exclusive representative at a mutually agreed-upon location, all original finished membership authorization forms collected during the new employee orientation process within 10 business or working days of the higher education employers receipt of the forms.(b) A higher education employer shall do both of the following:(1) Refer any questions by higher education employees about the membership authorization form to the exclusive representative and otherwise refrain from answering any questions from a higher education employee about the membership authorization form.(2) Not deter or discourage public employees or applicants to be public employees from becoming or remaining members of an employee organization, or from authorizing representation by an employee organization, or from authorizing dues or fee deductions to an employee organization. This is declaratory of existing law.3588.2. During the period between the effective date of this article and the expiration of an existing memorandum of understanding or collective bargaining agreement between the higher education employer and an exclusive representative, a request to meet and confer by the exclusive representative shall reopen the existing memorandum of understanding or collective bargaining agreement solely for the limited purpose of negotiating an agreement regarding the implementation of this article. The exclusive representative may elect to negotiate a side letter or similar agreement in lieu of reopening the existing memorandum of understanding or collective bargaining agreement. This article, however, does not abrogate existing agreements between higher education employers and recognized employee organizations.3588.3. This article does not prohibit agreements between a higher education employer and an exclusive representative that provide for the distribution, collection, and return of membership authorization forms that vary from the requirements of this article. If such an agreement is negotiated, the requirements of this article shall not apply to the extent that they are inconsistent with the agreement. In the absence of a mutual agreement regarding the distribution, collection, and return of membership authorization forms during the new employee orientation process, the requirements of this article shall apply.3588.4. (a) The exclusive representative may file an unfair practice charge with the board for violations of this article.(b) In addition to any other remedy provided by law, a higher education employer found to have violated this article shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000), which shall be determined by the board through application of the following criteria:(1) The higher education employers annual budget.(2) The severity of the violation.(3) Any prior history of violations by the higher education employer.(c) A penalty imposed pursuant to subdivision (b) shall be paid to the General Fund.(d) The board shall award to a prevailing party attorneys fees and costs that accrue from the inception of proceedings before the boards Division of Administrative Law until final disposition of the charge by the board. The board, however, shall not award attorneys fees and costs under this section for any proceedings before the board itself that challenge the dismissal of an unfair practice charge by the boards Office of the General Counsel. If the board initiates proceedings with a superior court to enforce or achieve compliance with a board order, or is required to defend a decision of the board involving this article after a party seeks judicial review, the court shall award the board attorneys fees and costs if the board is the prevailing party. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 44 | 44 | | SECTION 1. (a) The Legislature finds and declares all of the following:(1) New employee orientations are a critical time in which higher education employees are advised of their employment status, rights, benefits, duties, and responsibilities, and any other employment-related matters.(2) Providing an exclusive representative meaningful access to its represented members during new employee orientations entails ensuring that, upon notification by the exclusive representative, every higher education employer distributes membership authorization forms to employees, collects the finished forms, and timely transmits them to the exclusive representative as part of the new employee orientation process.(3) Failure of a higher education employer to distribute, collect, and transmit membership authorization forms as part of the new employee orientation process, after being notified by the exclusive representative to do so, not only deprives the exclusive representative of meaningful access to its represented members, but it also deters and discourages higher education employees from becoming members of an employee organization at one of the most critical junctures of employment.(4) Because documentation is already being distributed to and collected from employees during onboarding, integrating this requirement for higher education employers into the new employee orientation process will allow exclusive representatives to meaningfully communicate through cost-effective and efficient means with the public employees on whose behalf they act. Such communication is necessary for harmonious public employment relations and is a matter of statewide concern.(5) Requiring higher education employers to distribute, collect, and transmit membership authorization forms as part of the new employee orientation process, upon notification by the exclusive representative, does not violate, and indeed comports with, the requirement to direct employee requests to cancel or change deductions for employee organizations to the employee organization, rather than to the public agency.(b) Therefore, it is the intent of the Legislature to add the requirements described in this bill to the new employee orientation process of higher education employers to provide exclusive representatives meaningful access to their represented members, remove hurdles that make it more difficult for higher education employees to submit membership authorization forms to be represented by an employee organization of their own choosing at the start of their employment, and foster an atmosphere that permits the fullest participation by employees in the determination of conditions of employment that affect them. |
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| 46 | 46 | | SECTION 1. (a) The Legislature finds and declares all of the following:(1) New employee orientations are a critical time in which higher education employees are advised of their employment status, rights, benefits, duties, and responsibilities, and any other employment-related matters.(2) Providing an exclusive representative meaningful access to its represented members during new employee orientations entails ensuring that, upon notification by the exclusive representative, every higher education employer distributes membership authorization forms to employees, collects the finished forms, and timely transmits them to the exclusive representative as part of the new employee orientation process.(3) Failure of a higher education employer to distribute, collect, and transmit membership authorization forms as part of the new employee orientation process, after being notified by the exclusive representative to do so, not only deprives the exclusive representative of meaningful access to its represented members, but it also deters and discourages higher education employees from becoming members of an employee organization at one of the most critical junctures of employment.(4) Because documentation is already being distributed to and collected from employees during onboarding, integrating this requirement for higher education employers into the new employee orientation process will allow exclusive representatives to meaningfully communicate through cost-effective and efficient means with the public employees on whose behalf they act. Such communication is necessary for harmonious public employment relations and is a matter of statewide concern.(5) Requiring higher education employers to distribute, collect, and transmit membership authorization forms as part of the new employee orientation process, upon notification by the exclusive representative, does not violate, and indeed comports with, the requirement to direct employee requests to cancel or change deductions for employee organizations to the employee organization, rather than to the public agency.(b) Therefore, it is the intent of the Legislature to add the requirements described in this bill to the new employee orientation process of higher education employers to provide exclusive representatives meaningful access to their represented members, remove hurdles that make it more difficult for higher education employees to submit membership authorization forms to be represented by an employee organization of their own choosing at the start of their employment, and foster an atmosphere that permits the fullest participation by employees in the determination of conditions of employment that affect them. |
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| 48 | 48 | | SECTION 1. (a) The Legislature finds and declares all of the following: |
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| 50 | 50 | | ### SECTION 1. |
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| 52 | 52 | | (1) New employee orientations are a critical time in which higher education employees are advised of their employment status, rights, benefits, duties, and responsibilities, and any other employment-related matters. |
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| 54 | 54 | | (2) Providing an exclusive representative meaningful access to its represented members during new employee orientations entails ensuring that, upon notification by the exclusive representative, every higher education employer distributes membership authorization forms to employees, collects the finished forms, and timely transmits them to the exclusive representative as part of the new employee orientation process. |
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| 56 | 56 | | (3) Failure of a higher education employer to distribute, collect, and transmit membership authorization forms as part of the new employee orientation process, after being notified by the exclusive representative to do so, not only deprives the exclusive representative of meaningful access to its represented members, but it also deters and discourages higher education employees from becoming members of an employee organization at one of the most critical junctures of employment. |
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| 57 | 57 | | |
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| 58 | 58 | | (4) Because documentation is already being distributed to and collected from employees during onboarding, integrating this requirement for higher education employers into the new employee orientation process will allow exclusive representatives to meaningfully communicate through cost-effective and efficient means with the public employees on whose behalf they act. Such communication is necessary for harmonious public employment relations and is a matter of statewide concern. |
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| 59 | 59 | | |
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| 60 | 60 | | (5) Requiring higher education employers to distribute, collect, and transmit membership authorization forms as part of the new employee orientation process, upon notification by the exclusive representative, does not violate, and indeed comports with, the requirement to direct employee requests to cancel or change deductions for employee organizations to the employee organization, rather than to the public agency. |
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| 61 | 61 | | |
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| 62 | 62 | | (b) Therefore, it is the intent of the Legislature to add the requirements described in this bill to the new employee orientation process of higher education employers to provide exclusive representatives meaningful access to their represented members, remove hurdles that make it more difficult for higher education employees to submit membership authorization forms to be represented by an employee organization of their own choosing at the start of their employment, and foster an atmosphere that permits the fullest participation by employees in the determination of conditions of employment that affect them. |
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| 64 | 64 | | SEC. 2. Article 7.5 (commencing with Section 3588) is added to Chapter 12 of Division 4 of Title 1 of the Government Code, to read: Article 7.5. Distribution, Collection, and Return of Membership Authorization Forms During the New Employee Orientation Process3588. For purposes of this article, the following definitions apply:(a) Membership authorization form means a form provided by the exclusive representative to the higher education employer that gives an employee the ability to choose whether to become a member of the employee organization and authorizes deductions for dues, assessments, or fees to be remitted to the exclusive representative.(b) New employee orientation means the onboarding process of a newly hired higher education employee, as defined in paragraph (4) of subdivision (b) of Section 3555.5, or of any higher education employee who is initially entering the bargaining unit, whether in person, online, or through other means or mediums, in which employees are advised of their employment status, rights, benefits, duties and responsibilities, and any other employment-related matters.3588.1. (a) Upon notification by the exclusive representative, as part of the new employee orientation process, a higher education employer shall do all of the following:(1) Distribute to each higher education employee initially entering into a bargaining unit represented by an exclusive representative a membership authorization form during the new employee orientation process when the employee is expected to complete various employment-oriented forms.(2) Collect the finished membership authorization form, along with any other employment-oriented forms from the higher education employee, after the employee is given the opportunity to complete the membership authorization form.(3) Return to the exclusive representative, or make available to the exclusive representative at a mutually agreed-upon location, all original finished membership authorization forms collected during the new employee orientation process within 10 business or working days of the higher education employers receipt of the forms.(b) A higher education employer shall do both of the following:(1) Refer any questions by higher education employees about the membership authorization form to the exclusive representative and otherwise refrain from answering any questions from a higher education employee about the membership authorization form.(2) Not deter or discourage public employees or applicants to be public employees from becoming or remaining members of an employee organization, or from authorizing representation by an employee organization, or from authorizing dues or fee deductions to an employee organization. This is declaratory of existing law.3588.2. During the period between the effective date of this article and the expiration of an existing memorandum of understanding or collective bargaining agreement between the higher education employer and an exclusive representative, a request to meet and confer by the exclusive representative shall reopen the existing memorandum of understanding or collective bargaining agreement solely for the limited purpose of negotiating an agreement regarding the implementation of this article. The exclusive representative may elect to negotiate a side letter or similar agreement in lieu of reopening the existing memorandum of understanding or collective bargaining agreement. This article, however, does not abrogate existing agreements between higher education employers and recognized employee organizations.3588.3. This article does not prohibit agreements between a higher education employer and an exclusive representative that provide for the distribution, collection, and return of membership authorization forms that vary from the requirements of this article. If such an agreement is negotiated, the requirements of this article shall not apply to the extent that they are inconsistent with the agreement. In the absence of a mutual agreement regarding the distribution, collection, and return of membership authorization forms during the new employee orientation process, the requirements of this article shall apply.3588.4. (a) The exclusive representative may file an unfair practice charge with the board for violations of this article.(b) In addition to any other remedy provided by law, a higher education employer found to have violated this article shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000), which shall be determined by the board through application of the following criteria:(1) The higher education employers annual budget.(2) The severity of the violation.(3) Any prior history of violations by the higher education employer.(c) A penalty imposed pursuant to subdivision (b) shall be paid to the General Fund.(d) The board shall award to a prevailing party attorneys fees and costs that accrue from the inception of proceedings before the boards Division of Administrative Law until final disposition of the charge by the board. The board, however, shall not award attorneys fees and costs under this section for any proceedings before the board itself that challenge the dismissal of an unfair practice charge by the boards Office of the General Counsel. If the board initiates proceedings with a superior court to enforce or achieve compliance with a board order, or is required to defend a decision of the board involving this article after a party seeks judicial review, the court shall award the board attorneys fees and costs if the board is the prevailing party. |
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| 66 | 66 | | SEC. 2. Article 7.5 (commencing with Section 3588) is added to Chapter 12 of Division 4 of Title 1 of the Government Code, to read: |
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| 68 | 68 | | ### SEC. 2. |
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| 70 | 70 | | Article 7.5. Distribution, Collection, and Return of Membership Authorization Forms During the New Employee Orientation Process3588. For purposes of this article, the following definitions apply:(a) Membership authorization form means a form provided by the exclusive representative to the higher education employer that gives an employee the ability to choose whether to become a member of the employee organization and authorizes deductions for dues, assessments, or fees to be remitted to the exclusive representative.(b) New employee orientation means the onboarding process of a newly hired higher education employee, as defined in paragraph (4) of subdivision (b) of Section 3555.5, or of any higher education employee who is initially entering the bargaining unit, whether in person, online, or through other means or mediums, in which employees are advised of their employment status, rights, benefits, duties and responsibilities, and any other employment-related matters.3588.1. (a) Upon notification by the exclusive representative, as part of the new employee orientation process, a higher education employer shall do all of the following:(1) Distribute to each higher education employee initially entering into a bargaining unit represented by an exclusive representative a membership authorization form during the new employee orientation process when the employee is expected to complete various employment-oriented forms.(2) Collect the finished membership authorization form, along with any other employment-oriented forms from the higher education employee, after the employee is given the opportunity to complete the membership authorization form.(3) Return to the exclusive representative, or make available to the exclusive representative at a mutually agreed-upon location, all original finished membership authorization forms collected during the new employee orientation process within 10 business or working days of the higher education employers receipt of the forms.(b) A higher education employer shall do both of the following:(1) Refer any questions by higher education employees about the membership authorization form to the exclusive representative and otherwise refrain from answering any questions from a higher education employee about the membership authorization form.(2) Not deter or discourage public employees or applicants to be public employees from becoming or remaining members of an employee organization, or from authorizing representation by an employee organization, or from authorizing dues or fee deductions to an employee organization. This is declaratory of existing law.3588.2. During the period between the effective date of this article and the expiration of an existing memorandum of understanding or collective bargaining agreement between the higher education employer and an exclusive representative, a request to meet and confer by the exclusive representative shall reopen the existing memorandum of understanding or collective bargaining agreement solely for the limited purpose of negotiating an agreement regarding the implementation of this article. The exclusive representative may elect to negotiate a side letter or similar agreement in lieu of reopening the existing memorandum of understanding or collective bargaining agreement. This article, however, does not abrogate existing agreements between higher education employers and recognized employee organizations.3588.3. This article does not prohibit agreements between a higher education employer and an exclusive representative that provide for the distribution, collection, and return of membership authorization forms that vary from the requirements of this article. If such an agreement is negotiated, the requirements of this article shall not apply to the extent that they are inconsistent with the agreement. In the absence of a mutual agreement regarding the distribution, collection, and return of membership authorization forms during the new employee orientation process, the requirements of this article shall apply.3588.4. (a) The exclusive representative may file an unfair practice charge with the board for violations of this article.(b) In addition to any other remedy provided by law, a higher education employer found to have violated this article shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000), which shall be determined by the board through application of the following criteria:(1) The higher education employers annual budget.(2) The severity of the violation.(3) Any prior history of violations by the higher education employer.(c) A penalty imposed pursuant to subdivision (b) shall be paid to the General Fund.(d) The board shall award to a prevailing party attorneys fees and costs that accrue from the inception of proceedings before the boards Division of Administrative Law until final disposition of the charge by the board. The board, however, shall not award attorneys fees and costs under this section for any proceedings before the board itself that challenge the dismissal of an unfair practice charge by the boards Office of the General Counsel. If the board initiates proceedings with a superior court to enforce or achieve compliance with a board order, or is required to defend a decision of the board involving this article after a party seeks judicial review, the court shall award the board attorneys fees and costs if the board is the prevailing party. |
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| 71 | 71 | | |
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| 72 | 72 | | Article 7.5. Distribution, Collection, and Return of Membership Authorization Forms During the New Employee Orientation Process3588. For purposes of this article, the following definitions apply:(a) Membership authorization form means a form provided by the exclusive representative to the higher education employer that gives an employee the ability to choose whether to become a member of the employee organization and authorizes deductions for dues, assessments, or fees to be remitted to the exclusive representative.(b) New employee orientation means the onboarding process of a newly hired higher education employee, as defined in paragraph (4) of subdivision (b) of Section 3555.5, or of any higher education employee who is initially entering the bargaining unit, whether in person, online, or through other means or mediums, in which employees are advised of their employment status, rights, benefits, duties and responsibilities, and any other employment-related matters.3588.1. (a) Upon notification by the exclusive representative, as part of the new employee orientation process, a higher education employer shall do all of the following:(1) Distribute to each higher education employee initially entering into a bargaining unit represented by an exclusive representative a membership authorization form during the new employee orientation process when the employee is expected to complete various employment-oriented forms.(2) Collect the finished membership authorization form, along with any other employment-oriented forms from the higher education employee, after the employee is given the opportunity to complete the membership authorization form.(3) Return to the exclusive representative, or make available to the exclusive representative at a mutually agreed-upon location, all original finished membership authorization forms collected during the new employee orientation process within 10 business or working days of the higher education employers receipt of the forms.(b) A higher education employer shall do both of the following:(1) Refer any questions by higher education employees about the membership authorization form to the exclusive representative and otherwise refrain from answering any questions from a higher education employee about the membership authorization form.(2) Not deter or discourage public employees or applicants to be public employees from becoming or remaining members of an employee organization, or from authorizing representation by an employee organization, or from authorizing dues or fee deductions to an employee organization. This is declaratory of existing law.3588.2. During the period between the effective date of this article and the expiration of an existing memorandum of understanding or collective bargaining agreement between the higher education employer and an exclusive representative, a request to meet and confer by the exclusive representative shall reopen the existing memorandum of understanding or collective bargaining agreement solely for the limited purpose of negotiating an agreement regarding the implementation of this article. The exclusive representative may elect to negotiate a side letter or similar agreement in lieu of reopening the existing memorandum of understanding or collective bargaining agreement. This article, however, does not abrogate existing agreements between higher education employers and recognized employee organizations.3588.3. This article does not prohibit agreements between a higher education employer and an exclusive representative that provide for the distribution, collection, and return of membership authorization forms that vary from the requirements of this article. If such an agreement is negotiated, the requirements of this article shall not apply to the extent that they are inconsistent with the agreement. In the absence of a mutual agreement regarding the distribution, collection, and return of membership authorization forms during the new employee orientation process, the requirements of this article shall apply.3588.4. (a) The exclusive representative may file an unfair practice charge with the board for violations of this article.(b) In addition to any other remedy provided by law, a higher education employer found to have violated this article shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000), which shall be determined by the board through application of the following criteria:(1) The higher education employers annual budget.(2) The severity of the violation.(3) Any prior history of violations by the higher education employer.(c) A penalty imposed pursuant to subdivision (b) shall be paid to the General Fund.(d) The board shall award to a prevailing party attorneys fees and costs that accrue from the inception of proceedings before the boards Division of Administrative Law until final disposition of the charge by the board. The board, however, shall not award attorneys fees and costs under this section for any proceedings before the board itself that challenge the dismissal of an unfair practice charge by the boards Office of the General Counsel. If the board initiates proceedings with a superior court to enforce or achieve compliance with a board order, or is required to defend a decision of the board involving this article after a party seeks judicial review, the court shall award the board attorneys fees and costs if the board is the prevailing party. |
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| 73 | 73 | | |
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| 74 | 74 | | Article 7.5. Distribution, Collection, and Return of Membership Authorization Forms During the New Employee Orientation Process |
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| 75 | 75 | | |
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| 76 | 76 | | Article 7.5. Distribution, Collection, and Return of Membership Authorization Forms During the New Employee Orientation Process |
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| 77 | 77 | | |
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| 78 | 78 | | 3588. For purposes of this article, the following definitions apply:(a) Membership authorization form means a form provided by the exclusive representative to the higher education employer that gives an employee the ability to choose whether to become a member of the employee organization and authorizes deductions for dues, assessments, or fees to be remitted to the exclusive representative.(b) New employee orientation means the onboarding process of a newly hired higher education employee, as defined in paragraph (4) of subdivision (b) of Section 3555.5, or of any higher education employee who is initially entering the bargaining unit, whether in person, online, or through other means or mediums, in which employees are advised of their employment status, rights, benefits, duties and responsibilities, and any other employment-related matters. |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | |
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| 82 | 82 | | 3588. For purposes of this article, the following definitions apply: |
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| 83 | 83 | | |
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| 84 | 84 | | (a) Membership authorization form means a form provided by the exclusive representative to the higher education employer that gives an employee the ability to choose whether to become a member of the employee organization and authorizes deductions for dues, assessments, or fees to be remitted to the exclusive representative. |
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| 85 | 85 | | |
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| 86 | 86 | | (b) New employee orientation means the onboarding process of a newly hired higher education employee, as defined in paragraph (4) of subdivision (b) of Section 3555.5, or of any higher education employee who is initially entering the bargaining unit, whether in person, online, or through other means or mediums, in which employees are advised of their employment status, rights, benefits, duties and responsibilities, and any other employment-related matters. |
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| 87 | 87 | | |
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| 88 | 88 | | 3588.1. (a) Upon notification by the exclusive representative, as part of the new employee orientation process, a higher education employer shall do all of the following:(1) Distribute to each higher education employee initially entering into a bargaining unit represented by an exclusive representative a membership authorization form during the new employee orientation process when the employee is expected to complete various employment-oriented forms.(2) Collect the finished membership authorization form, along with any other employment-oriented forms from the higher education employee, after the employee is given the opportunity to complete the membership authorization form.(3) Return to the exclusive representative, or make available to the exclusive representative at a mutually agreed-upon location, all original finished membership authorization forms collected during the new employee orientation process within 10 business or working days of the higher education employers receipt of the forms.(b) A higher education employer shall do both of the following:(1) Refer any questions by higher education employees about the membership authorization form to the exclusive representative and otherwise refrain from answering any questions from a higher education employee about the membership authorization form.(2) Not deter or discourage public employees or applicants to be public employees from becoming or remaining members of an employee organization, or from authorizing representation by an employee organization, or from authorizing dues or fee deductions to an employee organization. This is declaratory of existing law. |
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| 89 | 89 | | |
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| 90 | 90 | | |
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| 91 | 91 | | |
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| 92 | 92 | | 3588.1. (a) Upon notification by the exclusive representative, as part of the new employee orientation process, a higher education employer shall do all of the following: |
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| 93 | 93 | | |
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| 94 | 94 | | (1) Distribute to each higher education employee initially entering into a bargaining unit represented by an exclusive representative a membership authorization form during the new employee orientation process when the employee is expected to complete various employment-oriented forms. |
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| 95 | 95 | | |
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| 96 | 96 | | (2) Collect the finished membership authorization form, along with any other employment-oriented forms from the higher education employee, after the employee is given the opportunity to complete the membership authorization form. |
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| 97 | 97 | | |
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| 98 | 98 | | (3) Return to the exclusive representative, or make available to the exclusive representative at a mutually agreed-upon location, all original finished membership authorization forms collected during the new employee orientation process within 10 business or working days of the higher education employers receipt of the forms. |
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| 99 | 99 | | |
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| 100 | 100 | | (b) A higher education employer shall do both of the following: |
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| 101 | 101 | | |
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| 102 | 102 | | (1) Refer any questions by higher education employees about the membership authorization form to the exclusive representative and otherwise refrain from answering any questions from a higher education employee about the membership authorization form. |
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| 103 | 103 | | |
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| 104 | 104 | | (2) Not deter or discourage public employees or applicants to be public employees from becoming or remaining members of an employee organization, or from authorizing representation by an employee organization, or from authorizing dues or fee deductions to an employee organization. This is declaratory of existing law. |
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| 105 | 105 | | |
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| 106 | 106 | | 3588.2. During the period between the effective date of this article and the expiration of an existing memorandum of understanding or collective bargaining agreement between the higher education employer and an exclusive representative, a request to meet and confer by the exclusive representative shall reopen the existing memorandum of understanding or collective bargaining agreement solely for the limited purpose of negotiating an agreement regarding the implementation of this article. The exclusive representative may elect to negotiate a side letter or similar agreement in lieu of reopening the existing memorandum of understanding or collective bargaining agreement. This article, however, does not abrogate existing agreements between higher education employers and recognized employee organizations. |
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| 107 | 107 | | |
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| 108 | 108 | | |
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| 109 | 109 | | |
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| 110 | 110 | | 3588.2. During the period between the effective date of this article and the expiration of an existing memorandum of understanding or collective bargaining agreement between the higher education employer and an exclusive representative, a request to meet and confer by the exclusive representative shall reopen the existing memorandum of understanding or collective bargaining agreement solely for the limited purpose of negotiating an agreement regarding the implementation of this article. The exclusive representative may elect to negotiate a side letter or similar agreement in lieu of reopening the existing memorandum of understanding or collective bargaining agreement. This article, however, does not abrogate existing agreements between higher education employers and recognized employee organizations. |
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| 111 | 111 | | |
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| 112 | 112 | | 3588.3. This article does not prohibit agreements between a higher education employer and an exclusive representative that provide for the distribution, collection, and return of membership authorization forms that vary from the requirements of this article. If such an agreement is negotiated, the requirements of this article shall not apply to the extent that they are inconsistent with the agreement. In the absence of a mutual agreement regarding the distribution, collection, and return of membership authorization forms during the new employee orientation process, the requirements of this article shall apply. |
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| 113 | 113 | | |
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| 114 | 114 | | |
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| 115 | 115 | | |
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| 116 | 116 | | 3588.3. This article does not prohibit agreements between a higher education employer and an exclusive representative that provide for the distribution, collection, and return of membership authorization forms that vary from the requirements of this article. If such an agreement is negotiated, the requirements of this article shall not apply to the extent that they are inconsistent with the agreement. In the absence of a mutual agreement regarding the distribution, collection, and return of membership authorization forms during the new employee orientation process, the requirements of this article shall apply. |
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| 117 | 117 | | |
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| 118 | 118 | | 3588.4. (a) The exclusive representative may file an unfair practice charge with the board for violations of this article.(b) In addition to any other remedy provided by law, a higher education employer found to have violated this article shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000), which shall be determined by the board through application of the following criteria:(1) The higher education employers annual budget.(2) The severity of the violation.(3) Any prior history of violations by the higher education employer.(c) A penalty imposed pursuant to subdivision (b) shall be paid to the General Fund.(d) The board shall award to a prevailing party attorneys fees and costs that accrue from the inception of proceedings before the boards Division of Administrative Law until final disposition of the charge by the board. The board, however, shall not award attorneys fees and costs under this section for any proceedings before the board itself that challenge the dismissal of an unfair practice charge by the boards Office of the General Counsel. If the board initiates proceedings with a superior court to enforce or achieve compliance with a board order, or is required to defend a decision of the board involving this article after a party seeks judicial review, the court shall award the board attorneys fees and costs if the board is the prevailing party. |
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| 119 | 119 | | |
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| 120 | 120 | | |
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| 121 | 121 | | |
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| 122 | 122 | | 3588.4. (a) The exclusive representative may file an unfair practice charge with the board for violations of this article. |
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| 123 | 123 | | |
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| 124 | 124 | | (b) In addition to any other remedy provided by law, a higher education employer found to have violated this article shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000), which shall be determined by the board through application of the following criteria: |
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| 125 | 125 | | |
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| 126 | 126 | | (1) The higher education employers annual budget. |
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| 127 | 127 | | |
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| 128 | 128 | | (2) The severity of the violation. |
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| 129 | 129 | | |
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| 130 | 130 | | (3) Any prior history of violations by the higher education employer. |
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| 131 | 131 | | |
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| 132 | 132 | | (c) A penalty imposed pursuant to subdivision (b) shall be paid to the General Fund. |
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| 133 | 133 | | |
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| 134 | 134 | | (d) The board shall award to a prevailing party attorneys fees and costs that accrue from the inception of proceedings before the boards Division of Administrative Law until final disposition of the charge by the board. The board, however, shall not award attorneys fees and costs under this section for any proceedings before the board itself that challenge the dismissal of an unfair practice charge by the boards Office of the General Counsel. If the board initiates proceedings with a superior court to enforce or achieve compliance with a board order, or is required to defend a decision of the board involving this article after a party seeks judicial review, the court shall award the board attorneys fees and costs if the board is the prevailing party. |
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