California 2023-2024 Regular Session

California Assembly Bill AB1530 Latest Draft

Bill / Amended Version Filed 03/27/2023

                            Amended IN  Assembly  March 27, 2023 Amended IN  Assembly  March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1530Introduced by Assembly Member OrtegaFebruary 17, 2023An act to 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 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.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. 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 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.

 Amended IN  Assembly  March 27, 2023 Amended IN  Assembly  March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1530Introduced by Assembly Member OrtegaFebruary 17, 2023An act to 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 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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Assembly  March 27, 2023 Amended IN  Assembly  March 16, 2023

Amended IN  Assembly  March 27, 2023
Amended IN  Assembly  March 16, 2023

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 1530

Introduced by Assembly Member OrtegaFebruary 17, 2023

Introduced by Assembly Member Ortega
February 17, 2023

An act to add Section 3555.1 to the Government Code, relating to employment. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 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 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.

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 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.

## Digest Key

## Bill Text

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 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.

The people of the State of California do enact as follows:

## 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 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.

SECTION 1. Section 3555.1 is added to the Government Code, to read:

### SECTION 1.

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 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.

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 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.

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 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.



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 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.