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| 1 | + | Amended IN Assembly March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1530Introduced by Assembly Member OrtegaFebruary 17, 2023 An act to amend Section 3555 of add Section 3555.1 to the Government Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 1530, as amended, Ortega. Public employment: communication with exclusive representatives.Existing law generally grants public employees the right to join employee organizations and to be represented by those organizations in their employment relation. Existing law requires a public employer, as specified, to provide the exclusive representative of those employees mandatory access to certain information and to provide public employees with reasonable leaves of absence without loss of compensation or other benefits for purposes related to that representation, as specified. Existing law makes findings and declarations related to these provisions, including that it is the intent of the Legislature that recognized exclusive representatives of Californias public employees be provided meaningful access to their represented members, as described.This bill would make nonsubstantive changes to the provision establishing the above-described legislative findings.This bill would make legislative findings and declarations related to an exclusive representatives right to communicate with public employees that it represents, and would state the intent of the Legislature to ensure that recognized exclusive representatives of public employees be provided meaningful email access to their represented members, as specified. The bill would prohibit public employers from using technology to interfere with or prevent email communications between public employees and their recognized representatives, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3555.1 is added to the Government Code, to read:3555.1. (a) The Legislature also finds and declares that the ability of an exclusive representative to communicate with public employees that it represents includes communicating through email and other communication devices or methods made available to public employees by the employer in which the employer also communicates with employees. Therefore, it is the intent of the Legislature that recognized exclusive representatives of Californias public employees be provided meaningful email access to their represented members unless expressly prohibited by law.(b) A public employer shall not use digital or electronic blocks, filters, or other automated systems that interfere with or prevent communications, as described in subdivision (a), including, but not limited to, using filters, blocks, or by placing the exclusive representatives on a restricted or denied access list, or electronically labeling or categorizing the communications as spam, junk, suspicious, or other label or category that may have the same effect.SECTION 1.Section 3555 of the Government Code is amended to read:3555.The Legislature finds and declares that the ability of an exclusive representative to communicate with the public employees it represents is necessary to ensure the effectiveness of state labor relations statutes, and the exclusive representative cannot properly discharge its legal obligations, unless it is able to meaningfully communicate through cost-effective and efficient means with the public employees on whose behalf it acts. In most cases, that communication includes an opportunity to discuss the rights and obligations created by the contract and the role of the representative, and to answer questions. That communication is necessary for harmonious public employment relations and is a matter of statewide concern. Therefore, it is the Legislatures intent that recognized exclusive representatives of Californias public employees be provided meaningful access to their represented members as described in this chapter, unless expressly prohibited by law. | |
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| 3 | + | Amended IN Assembly March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1530Introduced by Assembly Member OrtegaFebruary 17, 2023 An act to amend Section 3555 of add Section 3555.1 to the Government Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 1530, as amended, Ortega. Public employment: communication with exclusive representatives.Existing law generally grants public employees the right to join employee organizations and to be represented by those organizations in their employment relation. Existing law requires a public employer, as specified, to provide the exclusive representative of those employees mandatory access to certain information and to provide public employees with reasonable leaves of absence without loss of compensation or other benefits for purposes related to that representation, as specified. Existing law makes findings and declarations related to these provisions, including that it is the intent of the Legislature that recognized exclusive representatives of Californias public employees be provided meaningful access to their represented members, as described.This bill would make nonsubstantive changes to the provision establishing the above-described legislative findings.This bill would make legislative findings and declarations related to an exclusive representatives right to communicate with public employees that it represents, and would state the intent of the Legislature to ensure that recognized exclusive representatives of public employees be provided meaningful email access to their represented members, as specified. The bill would prohibit public employers from using technology to interfere with or prevent email communications between public employees and their recognized representatives, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO | |
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| 5 | + | Amended IN Assembly March 16, 2023 | |
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| 7 | - | Amended IN Assembly March 27, 2023 | |
| 8 | 7 | Amended IN Assembly March 16, 2023 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 1530 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member OrtegaFebruary 17, 2023 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member Ortega | |
| 19 | 18 | February 17, 2023 | |
| 20 | 19 | ||
| 21 | - | An act to add Section 3555.1 to the Government Code, relating to employment. | |
| 20 | + | An act to amend Section 3555 of add Section 3555.1 to the Government Code, relating to employment. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | 26 | AB 1530, as amended, Ortega. Public employment: communication with exclusive representatives. | |
| 28 | 27 | ||
| 29 | - | Existing law generally grants public employees the right to join employee organizations and to be represented by those organizations in their employment relation. Existing law requires a public employer, as specified, to provide the exclusive representative of those employees mandatory access to certain information and to provide public employees with reasonable leaves of absence without loss of compensation or other benefits for purposes related to that representation, as specified. Existing law makes findings and declarations related to these provisions, including that it is the intent of the Legislature that recognized exclusive representatives of Californias public employees be provided meaningful access to their represented members, as described.This bill would make legislative findings and declarations related to an exclusive representatives right to communicate with public employees that it represents, and would state the intent of the Legislature to ensure that recognized exclusive representatives of public employees be provided meaningful email access to their represented members, as specified. The bill would | |
| 28 | + | Existing law generally grants public employees the right to join employee organizations and to be represented by those organizations in their employment relation. Existing law requires a public employer, as specified, to provide the exclusive representative of those employees mandatory access to certain information and to provide public employees with reasonable leaves of absence without loss of compensation or other benefits for purposes related to that representation, as specified. Existing law makes findings and declarations related to these provisions, including that it is the intent of the Legislature that recognized exclusive representatives of Californias public employees be provided meaningful access to their represented members, as described.This bill would make nonsubstantive changes to the provision establishing the above-described legislative findings.This bill would make legislative findings and declarations related to an exclusive representatives right to communicate with public employees that it represents, and would state the intent of the Legislature to ensure that recognized exclusive representatives of public employees be provided meaningful email access to their represented members, as specified. The bill would prohibit public employers from using technology to interfere with or prevent email communications between public employees and their recognized representatives, as provided. | |
| 30 | 29 | ||
| 31 | 30 | Existing law generally grants public employees the right to join employee organizations and to be represented by those organizations in their employment relation. Existing law requires a public employer, as specified, to provide the exclusive representative of those employees mandatory access to certain information and to provide public employees with reasonable leaves of absence without loss of compensation or other benefits for purposes related to that representation, as specified. Existing law makes findings and declarations related to these provisions, including that it is the intent of the Legislature that recognized exclusive representatives of Californias public employees be provided meaningful access to their represented members, as described. | |
| 32 | 31 | ||
| 33 | - | This bill would make legislative findings and declarations related to an exclusive representatives right to communicate with public employees that it represents, and would state the intent of the Legislature to ensure that recognized exclusive representatives of public employees be provided meaningful email access to their represented members, as specified. The bill would require public employers to ensure recognized exclusive representatives have safe or trusted email sender access, and would prohibit public employers from using technology to interfere with or prevent email communications between public employees and their recognized representatives, as provided. | |
| 32 | + | This bill would make nonsubstantive changes to the provision establishing the above-described legislative findings. | |
| 33 | + | ||
| 34 | + | ||
| 35 | + | ||
| 36 | + | This bill would make legislative findings and declarations related to an exclusive representatives right to communicate with public employees that it represents, and would state the intent of the Legislature to ensure that recognized exclusive representatives of public employees be provided meaningful email access to their represented members, as specified. The bill would prohibit public employers from using technology to interfere with or prevent email communications between public employees and their recognized representatives, as provided. | |
| 34 | 37 | ||
| 35 | 38 | ## Digest Key | |
| 36 | 39 | ||
| 37 | 40 | ## Bill Text | |
| 38 | 41 | ||
| 39 | - | The people of the State of California do enact as follows:SECTION 1. Section 3555.1 is added to the Government Code, to read:3555.1. (a) The Legislature also finds and declares that the ability of an exclusive representative to communicate with public employees that it represents includes communicating through email and other communication devices or methods made available to public employees by the employer in which the employer also communicates with employees. Therefore, it is the intent of the Legislature that recognized exclusive representatives of Californias public employees be provided meaningful email access to their represented members unless expressly prohibited by law.(b) A public employer shall not use | |
| 42 | + | The people of the State of California do enact as follows:SECTION 1. Section 3555.1 is added to the Government Code, to read:3555.1. (a) The Legislature also finds and declares that the ability of an exclusive representative to communicate with public employees that it represents includes communicating through email and other communication devices or methods made available to public employees by the employer in which the employer also communicates with employees. Therefore, it is the intent of the Legislature that recognized exclusive representatives of Californias public employees be provided meaningful email access to their represented members unless expressly prohibited by law.(b) A public employer shall not use digital or electronic blocks, filters, or other automated systems that interfere with or prevent communications, as described in subdivision (a), including, but not limited to, using filters, blocks, or by placing the exclusive representatives on a restricted or denied access list, or electronically labeling or categorizing the communications as spam, junk, suspicious, or other label or category that may have the same effect.SECTION 1.Section 3555 of the Government Code is amended to read:3555.The Legislature finds and declares that the ability of an exclusive representative to communicate with the public employees it represents is necessary to ensure the effectiveness of state labor relations statutes, and the exclusive representative cannot properly discharge its legal obligations, unless it is able to meaningfully communicate through cost-effective and efficient means with the public employees on whose behalf it acts. In most cases, that communication includes an opportunity to discuss the rights and obligations created by the contract and the role of the representative, and to answer questions. That communication is necessary for harmonious public employment relations and is a matter of statewide concern. Therefore, it is the Legislatures intent that recognized exclusive representatives of Californias public employees be provided meaningful access to their represented members as described in this chapter, unless expressly prohibited by law. | |
| 40 | 43 | ||
| 41 | 44 | The people of the State of California do enact as follows: | |
| 42 | 45 | ||
| 43 | 46 | ## The people of the State of California do enact as follows: | |
| 44 | 47 | ||
| 45 | - | SECTION 1. Section 3555.1 is added to the Government Code, to read:3555.1. (a) The Legislature also finds and declares that the ability of an exclusive representative to communicate with public employees that it represents includes communicating through email and other communication devices or methods made available to public employees by the employer in which the employer also communicates with employees. Therefore, it is the intent of the Legislature that recognized exclusive representatives of Californias public employees be provided meaningful email access to their represented members unless expressly prohibited by law.(b) A public employer shall not use | |
| 48 | + | SECTION 1. Section 3555.1 is added to the Government Code, to read:3555.1. (a) The Legislature also finds and declares that the ability of an exclusive representative to communicate with public employees that it represents includes communicating through email and other communication devices or methods made available to public employees by the employer in which the employer also communicates with employees. Therefore, it is the intent of the Legislature that recognized exclusive representatives of Californias public employees be provided meaningful email access to their represented members unless expressly prohibited by law.(b) A public employer shall not use digital or electronic blocks, filters, or other automated systems that interfere with or prevent communications, as described in subdivision (a), including, but not limited to, using filters, blocks, or by placing the exclusive representatives on a restricted or denied access list, or electronically labeling or categorizing the communications as spam, junk, suspicious, or other label or category that may have the same effect. | |
| 46 | 49 | ||
| 47 | 50 | SECTION 1. Section 3555.1 is added to the Government Code, to read: | |
| 48 | 51 | ||
| 49 | 52 | ### SECTION 1. | |
| 50 | 53 | ||
| 51 | - | 3555.1. (a) The Legislature also finds and declares that the ability of an exclusive representative to communicate with public employees that it represents includes communicating through email and other communication devices or methods made available to public employees by the employer in which the employer also communicates with employees. Therefore, it is the intent of the Legislature that recognized exclusive representatives of Californias public employees be provided meaningful email access to their represented members unless expressly prohibited by law.(b) A public employer shall not use | |
| 54 | + | 3555.1. (a) The Legislature also finds and declares that the ability of an exclusive representative to communicate with public employees that it represents includes communicating through email and other communication devices or methods made available to public employees by the employer in which the employer also communicates with employees. Therefore, it is the intent of the Legislature that recognized exclusive representatives of Californias public employees be provided meaningful email access to their represented members unless expressly prohibited by law.(b) A public employer shall not use digital or electronic blocks, filters, or other automated systems that interfere with or prevent communications, as described in subdivision (a), including, but not limited to, using filters, blocks, or by placing the exclusive representatives on a restricted or denied access list, or electronically labeling or categorizing the communications as spam, junk, suspicious, or other label or category that may have the same effect. | |
| 52 | 55 | ||
| 53 | - | 3555.1. (a) The Legislature also finds and declares that the ability of an exclusive representative to communicate with public employees that it represents includes communicating through email and other communication devices or methods made available to public employees by the employer in which the employer also communicates with employees. Therefore, it is the intent of the Legislature that recognized exclusive representatives of Californias public employees be provided meaningful email access to their represented members unless expressly prohibited by law.(b) A public employer shall not use | |
| 56 | + | 3555.1. (a) The Legislature also finds and declares that the ability of an exclusive representative to communicate with public employees that it represents includes communicating through email and other communication devices or methods made available to public employees by the employer in which the employer also communicates with employees. Therefore, it is the intent of the Legislature that recognized exclusive representatives of Californias public employees be provided meaningful email access to their represented members unless expressly prohibited by law.(b) A public employer shall not use digital or electronic blocks, filters, or other automated systems that interfere with or prevent communications, as described in subdivision (a), including, but not limited to, using filters, blocks, or by placing the exclusive representatives on a restricted or denied access list, or electronically labeling or categorizing the communications as spam, junk, suspicious, or other label or category that may have the same effect. | |
| 54 | 57 | ||
| 55 | - | 3555.1. (a) The Legislature also finds and declares that the ability of an exclusive representative to communicate with public employees that it represents includes communicating through email and other communication devices or methods made available to public employees by the employer in which the employer also communicates with employees. Therefore, it is the intent of the Legislature that recognized exclusive representatives of Californias public employees be provided meaningful email access to their represented members unless expressly prohibited by law.(b) A public employer shall not use | |
| 58 | + | 3555.1. (a) The Legislature also finds and declares that the ability of an exclusive representative to communicate with public employees that it represents includes communicating through email and other communication devices or methods made available to public employees by the employer in which the employer also communicates with employees. Therefore, it is the intent of the Legislature that recognized exclusive representatives of Californias public employees be provided meaningful email access to their represented members unless expressly prohibited by law.(b) A public employer shall not use digital or electronic blocks, filters, or other automated systems that interfere with or prevent communications, as described in subdivision (a), including, but not limited to, using filters, blocks, or by placing the exclusive representatives on a restricted or denied access list, or electronically labeling or categorizing the communications as spam, junk, suspicious, or other label or category that may have the same effect. | |
| 56 | 59 | ||
| 57 | 60 | ||
| 58 | 61 | ||
| 59 | 62 | 3555.1. (a) The Legislature also finds and declares that the ability of an exclusive representative to communicate with public employees that it represents includes communicating through email and other communication devices or methods made available to public employees by the employer in which the employer also communicates with employees. Therefore, it is the intent of the Legislature that recognized exclusive representatives of Californias public employees be provided meaningful email access to their represented members unless expressly prohibited by law. | |
| 60 | 63 | ||
| 61 | - | (b) A public employer shall not use ensure recognized exclusive representatives have safe or trusted email sender access, and are prohibited from using digital or electronic blocks, filters, or other automated systems that interfere with or prevent communications, as described in subdivision (a), including, but not limited to, using filters, blocks, or by placing the exclusive representatives on a restricted or denied access list, or electronically labeling or categorizing the communications as spam, junk, suspicious, or other another label or category that may have the same effect. | |
| 64 | + | (b) A public employer shall not use digital or electronic blocks, filters, or other automated systems that interfere with or prevent communications, as described in subdivision (a), including, but not limited to, using filters, blocks, or by placing the exclusive representatives on a restricted or denied access list, or electronically labeling or categorizing the communications as spam, junk, suspicious, or other label or category that may have the same effect. | |
| 65 | + | ||
| 66 | + | ||
| 67 | + | ||
| 68 | + | ||
| 69 | + | ||
| 70 | + | The Legislature finds and declares that the ability of an exclusive representative to communicate with the public employees it represents is necessary to ensure the effectiveness of state labor relations statutes, and the exclusive representative cannot properly discharge its legal obligations, unless it is able to meaningfully communicate through cost-effective and efficient means with the public employees on whose behalf it acts. In most cases, that communication includes an opportunity to discuss the rights and obligations created by the contract and the role of the representative, and to answer questions. That communication is necessary for harmonious public employment relations and is a matter of statewide concern. Therefore, it is the Legislatures intent that recognized exclusive representatives of Californias public employees be provided meaningful access to their represented members as described in this chapter, unless expressly prohibited by law. |