Amended IN Assembly March 30, 2023 Amended IN Assembly March 13, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 504Introduced by Assembly Member ReyesFebruary 07, 2023 An act to add Sections 3502.2 and 3515.3 to the Government Code, relating to public employment. LEGISLATIVE COUNSEL'S DIGESTAB 504, as amended, Reyes. State and local public employees: labor relations: disputes.Existing law, the Meyers-Milias-Brown Act and the Ralph C. Dills Act, regulate the labor relations of employees and employers of local public agencies and the state, respectively. The acts grant specified employees employees, including, among others, certain employees of fire departments, of local public agencies and the state the right to form, join, and participate in the activities of employee organizations of their choosing and require public agency employers, among other things, to meet and confer with representatives of recognized employee organizations and exclusive representatives on terms and conditions of employment. The acts grant the Public Employment Relations Board the power to hear specified disputes in relation to these provisions and to make determinations regarding them. With regard to certain employees of fire departments, existing law provides that those persons do not have the right to strike or recognize a picket line of a labor organization while in the course of the performance of their official duties. This bill would provide that it is not unlawful or a cause for discipline or other adverse action against a state or local public employee for that employee to refuse to enter property that is the site of a primary labor dispute, perform work for an employer involved in a primary labor dispute, or go through or work behind a primary picket line. The bill would prohibit an employer from directing an employee to take those actions. The bill would authorize a recognized employee organization to inform employees of these rights and encourage them to exercise those rights. The bill would also state that a provision in a public employer policy or collective bargaining agreement that purports to limit or waive the rights set forth in this provision shall be void against public policy. The bill would exempt certain state or local public employees of fire departments from these provisions. The bill would include related legislative findings.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 3502.2 is added to the Government Code, to read:3502.2. (a) The Legislature finds and declares that the right of a public employee to demonstrate solidarity with other employees by honoring a picket line, or by refusing to enter upon the premises or perform work for an employer engaged in a primary labor dispute, is a fundamental human right protected by the Constitution and laws of this state.(b) Notwithstanding any other law, policy, or collective bargaining agreement, it shall not be unlawful or a cause for discipline or other adverse action against a public employee for that public employee to refuse to do any of the following:(1) Enter property that is the site of a primary labor dispute.(2) Perform work for an employer involved in a primary labor dispute.(3) Go through or work behind any primary picket line.(c) A public employer shall not direct a public employee to take any of the actions set forth in subdivision (b).(d) A recognized employee organization may inform employees of their rights and encourage employees to exercise their rights under this section.(e) A provision in a public employer policy or collective bargaining agreement that purports to limit or waive the rights set forth in this section shall be void as against public policy.(f) This section shall not apply to any public employee who is subject to Section 1962 of the Labor Code.SEC. 2. Section 3515.3 is added to the Government Code, to read:3515.3. (a) The Legislature finds and declares that the right of a state employee to demonstrate solidarity with other employees by honoring a picket line, or by refusing to enter upon the premises or perform work for an employer engaged in a primary labor dispute, is a fundamental human right protected by the Constitution and laws of this state.(b) Notwithstanding any other law, policy, or collective bargaining agreement, it shall not be unlawful or a cause for discipline or other adverse action against a state employee for that state employee to refuse to do any of the following:(1) Enter property that is the site of a primary labor dispute.(2) Perform work for an employer involved in a primary labor dispute.(3) Go through or work behind any primary picket line.(c) A state employer shall not direct a state employee to take any of the actions set forth in subdivision (b).(d) A recognized employee organization may inform employees of their rights and encourage employees to exercise their rights under this section.(e) A provision in a public employer policy or collective bargaining agreement that purports to limit or waive the rights set forth in this section shall be void as against public policy.(f) This section shall not apply to any public employee who is subject to Section 1962 of the Labor Code.
Amended IN Assembly March 30, 2023 Amended IN Assembly March 13, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 504Introduced by Assembly Member ReyesFebruary 07, 2023 An act to add Sections 3502.2 and 3515.3 to the Government Code, relating to public employment. LEGISLATIVE COUNSEL'S DIGESTAB 504, as amended, Reyes. State and local public employees: labor relations: disputes.Existing law, the Meyers-Milias-Brown Act and the Ralph C. Dills Act, regulate the labor relations of employees and employers of local public agencies and the state, respectively. The acts grant specified employees employees, including, among others, certain employees of fire departments, of local public agencies and the state the right to form, join, and participate in the activities of employee organizations of their choosing and require public agency employers, among other things, to meet and confer with representatives of recognized employee organizations and exclusive representatives on terms and conditions of employment. The acts grant the Public Employment Relations Board the power to hear specified disputes in relation to these provisions and to make determinations regarding them. With regard to certain employees of fire departments, existing law provides that those persons do not have the right to strike or recognize a picket line of a labor organization while in the course of the performance of their official duties. This bill would provide that it is not unlawful or a cause for discipline or other adverse action against a state or local public employee for that employee to refuse to enter property that is the site of a primary labor dispute, perform work for an employer involved in a primary labor dispute, or go through or work behind a primary picket line. The bill would prohibit an employer from directing an employee to take those actions. The bill would authorize a recognized employee organization to inform employees of these rights and encourage them to exercise those rights. The bill would also state that a provision in a public employer policy or collective bargaining agreement that purports to limit or waive the rights set forth in this provision shall be void against public policy. The bill would exempt certain state or local public employees of fire departments from these provisions. The bill would include related legislative findings.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly March 30, 2023 Amended IN Assembly March 13, 2023
Amended IN Assembly March 30, 2023
Amended IN Assembly March 13, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 504
Introduced by Assembly Member ReyesFebruary 07, 2023
Introduced by Assembly Member Reyes
February 07, 2023
An act to add Sections 3502.2 and 3515.3 to the Government Code, relating to public employment.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 504, as amended, Reyes. State and local public employees: labor relations: disputes.
Existing law, the Meyers-Milias-Brown Act and the Ralph C. Dills Act, regulate the labor relations of employees and employers of local public agencies and the state, respectively. The acts grant specified employees employees, including, among others, certain employees of fire departments, of local public agencies and the state the right to form, join, and participate in the activities of employee organizations of their choosing and require public agency employers, among other things, to meet and confer with representatives of recognized employee organizations and exclusive representatives on terms and conditions of employment. The acts grant the Public Employment Relations Board the power to hear specified disputes in relation to these provisions and to make determinations regarding them. With regard to certain employees of fire departments, existing law provides that those persons do not have the right to strike or recognize a picket line of a labor organization while in the course of the performance of their official duties. This bill would provide that it is not unlawful or a cause for discipline or other adverse action against a state or local public employee for that employee to refuse to enter property that is the site of a primary labor dispute, perform work for an employer involved in a primary labor dispute, or go through or work behind a primary picket line. The bill would prohibit an employer from directing an employee to take those actions. The bill would authorize a recognized employee organization to inform employees of these rights and encourage them to exercise those rights. The bill would also state that a provision in a public employer policy or collective bargaining agreement that purports to limit or waive the rights set forth in this provision shall be void against public policy. The bill would exempt certain state or local public employees of fire departments from these provisions. The bill would include related legislative findings.
Existing law, the Meyers-Milias-Brown Act and the Ralph C. Dills Act, regulate the labor relations of employees and employers of local public agencies and the state, respectively. The acts grant specified employees employees, including, among others, certain employees of fire departments, of local public agencies and the state the right to form, join, and participate in the activities of employee organizations of their choosing and require public agency employers, among other things, to meet and confer with representatives of recognized employee organizations and exclusive representatives on terms and conditions of employment. The acts grant the Public Employment Relations Board the power to hear specified disputes in relation to these provisions and to make determinations regarding them.
With regard to certain employees of fire departments, existing law provides that those persons do not have the right to strike or recognize a picket line of a labor organization while in the course of the performance of their official duties.
This bill would provide that it is not unlawful or a cause for discipline or other adverse action against a state or local public employee for that employee to refuse to enter property that is the site of a primary labor dispute, perform work for an employer involved in a primary labor dispute, or go through or work behind a primary picket line. The bill would prohibit an employer from directing an employee to take those actions. The bill would authorize a recognized employee organization to inform employees of these rights and encourage them to exercise those rights. The bill would also state that a provision in a public employer policy or collective bargaining agreement that purports to limit or waive the rights set forth in this provision shall be void against public policy. The bill would exempt certain state or local public employees of fire departments from these provisions. The bill would include related legislative findings.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 3502.2 is added to the Government Code, to read:3502.2. (a) The Legislature finds and declares that the right of a public employee to demonstrate solidarity with other employees by honoring a picket line, or by refusing to enter upon the premises or perform work for an employer engaged in a primary labor dispute, is a fundamental human right protected by the Constitution and laws of this state.(b) Notwithstanding any other law, policy, or collective bargaining agreement, it shall not be unlawful or a cause for discipline or other adverse action against a public employee for that public employee to refuse to do any of the following:(1) Enter property that is the site of a primary labor dispute.(2) Perform work for an employer involved in a primary labor dispute.(3) Go through or work behind any primary picket line.(c) A public employer shall not direct a public employee to take any of the actions set forth in subdivision (b).(d) A recognized employee organization may inform employees of their rights and encourage employees to exercise their rights under this section.(e) A provision in a public employer policy or collective bargaining agreement that purports to limit or waive the rights set forth in this section shall be void as against public policy.(f) This section shall not apply to any public employee who is subject to Section 1962 of the Labor Code.SEC. 2. Section 3515.3 is added to the Government Code, to read:3515.3. (a) The Legislature finds and declares that the right of a state employee to demonstrate solidarity with other employees by honoring a picket line, or by refusing to enter upon the premises or perform work for an employer engaged in a primary labor dispute, is a fundamental human right protected by the Constitution and laws of this state.(b) Notwithstanding any other law, policy, or collective bargaining agreement, it shall not be unlawful or a cause for discipline or other adverse action against a state employee for that state employee to refuse to do any of the following:(1) Enter property that is the site of a primary labor dispute.(2) Perform work for an employer involved in a primary labor dispute.(3) Go through or work behind any primary picket line.(c) A state employer shall not direct a state employee to take any of the actions set forth in subdivision (b).(d) A recognized employee organization may inform employees of their rights and encourage employees to exercise their rights under this section.(e) A provision in a public employer policy or collective bargaining agreement that purports to limit or waive the rights set forth in this section shall be void as against public policy.(f) This section shall not apply to any public employee who is subject to Section 1962 of the Labor Code.
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 3502.2 is added to the Government Code, to read:3502.2. (a) The Legislature finds and declares that the right of a public employee to demonstrate solidarity with other employees by honoring a picket line, or by refusing to enter upon the premises or perform work for an employer engaged in a primary labor dispute, is a fundamental human right protected by the Constitution and laws of this state.(b) Notwithstanding any other law, policy, or collective bargaining agreement, it shall not be unlawful or a cause for discipline or other adverse action against a public employee for that public employee to refuse to do any of the following:(1) Enter property that is the site of a primary labor dispute.(2) Perform work for an employer involved in a primary labor dispute.(3) Go through or work behind any primary picket line.(c) A public employer shall not direct a public employee to take any of the actions set forth in subdivision (b).(d) A recognized employee organization may inform employees of their rights and encourage employees to exercise their rights under this section.(e) A provision in a public employer policy or collective bargaining agreement that purports to limit or waive the rights set forth in this section shall be void as against public policy.(f) This section shall not apply to any public employee who is subject to Section 1962 of the Labor Code.
SECTION 1. Section 3502.2 is added to the Government Code, to read:
### SECTION 1.
3502.2. (a) The Legislature finds and declares that the right of a public employee to demonstrate solidarity with other employees by honoring a picket line, or by refusing to enter upon the premises or perform work for an employer engaged in a primary labor dispute, is a fundamental human right protected by the Constitution and laws of this state.(b) Notwithstanding any other law, policy, or collective bargaining agreement, it shall not be unlawful or a cause for discipline or other adverse action against a public employee for that public employee to refuse to do any of the following:(1) Enter property that is the site of a primary labor dispute.(2) Perform work for an employer involved in a primary labor dispute.(3) Go through or work behind any primary picket line.(c) A public employer shall not direct a public employee to take any of the actions set forth in subdivision (b).(d) A recognized employee organization may inform employees of their rights and encourage employees to exercise their rights under this section.(e) A provision in a public employer policy or collective bargaining agreement that purports to limit or waive the rights set forth in this section shall be void as against public policy.(f) This section shall not apply to any public employee who is subject to Section 1962 of the Labor Code.
3502.2. (a) The Legislature finds and declares that the right of a public employee to demonstrate solidarity with other employees by honoring a picket line, or by refusing to enter upon the premises or perform work for an employer engaged in a primary labor dispute, is a fundamental human right protected by the Constitution and laws of this state.(b) Notwithstanding any other law, policy, or collective bargaining agreement, it shall not be unlawful or a cause for discipline or other adverse action against a public employee for that public employee to refuse to do any of the following:(1) Enter property that is the site of a primary labor dispute.(2) Perform work for an employer involved in a primary labor dispute.(3) Go through or work behind any primary picket line.(c) A public employer shall not direct a public employee to take any of the actions set forth in subdivision (b).(d) A recognized employee organization may inform employees of their rights and encourage employees to exercise their rights under this section.(e) A provision in a public employer policy or collective bargaining agreement that purports to limit or waive the rights set forth in this section shall be void as against public policy.(f) This section shall not apply to any public employee who is subject to Section 1962 of the Labor Code.
3502.2. (a) The Legislature finds and declares that the right of a public employee to demonstrate solidarity with other employees by honoring a picket line, or by refusing to enter upon the premises or perform work for an employer engaged in a primary labor dispute, is a fundamental human right protected by the Constitution and laws of this state.(b) Notwithstanding any other law, policy, or collective bargaining agreement, it shall not be unlawful or a cause for discipline or other adverse action against a public employee for that public employee to refuse to do any of the following:(1) Enter property that is the site of a primary labor dispute.(2) Perform work for an employer involved in a primary labor dispute.(3) Go through or work behind any primary picket line.(c) A public employer shall not direct a public employee to take any of the actions set forth in subdivision (b).(d) A recognized employee organization may inform employees of their rights and encourage employees to exercise their rights under this section.(e) A provision in a public employer policy or collective bargaining agreement that purports to limit or waive the rights set forth in this section shall be void as against public policy.(f) This section shall not apply to any public employee who is subject to Section 1962 of the Labor Code.
3502.2. (a) The Legislature finds and declares that the right of a public employee to demonstrate solidarity with other employees by honoring a picket line, or by refusing to enter upon the premises or perform work for an employer engaged in a primary labor dispute, is a fundamental human right protected by the Constitution and laws of this state.
(b) Notwithstanding any other law, policy, or collective bargaining agreement, it shall not be unlawful or a cause for discipline or other adverse action against a public employee for that public employee to refuse to do any of the following:
(1) Enter property that is the site of a primary labor dispute.
(2) Perform work for an employer involved in a primary labor dispute.
(3) Go through or work behind any primary picket line.
(c) A public employer shall not direct a public employee to take any of the actions set forth in subdivision (b).
(d) A recognized employee organization may inform employees of their rights and encourage employees to exercise their rights under this section.
(e) A provision in a public employer policy or collective bargaining agreement that purports to limit or waive the rights set forth in this section shall be void as against public policy.
(f) This section shall not apply to any public employee who is subject to Section 1962 of the Labor Code.
SEC. 2. Section 3515.3 is added to the Government Code, to read:3515.3. (a) The Legislature finds and declares that the right of a state employee to demonstrate solidarity with other employees by honoring a picket line, or by refusing to enter upon the premises or perform work for an employer engaged in a primary labor dispute, is a fundamental human right protected by the Constitution and laws of this state.(b) Notwithstanding any other law, policy, or collective bargaining agreement, it shall not be unlawful or a cause for discipline or other adverse action against a state employee for that state employee to refuse to do any of the following:(1) Enter property that is the site of a primary labor dispute.(2) Perform work for an employer involved in a primary labor dispute.(3) Go through or work behind any primary picket line.(c) A state employer shall not direct a state employee to take any of the actions set forth in subdivision (b).(d) A recognized employee organization may inform employees of their rights and encourage employees to exercise their rights under this section.(e) A provision in a public employer policy or collective bargaining agreement that purports to limit or waive the rights set forth in this section shall be void as against public policy.(f) This section shall not apply to any public employee who is subject to Section 1962 of the Labor Code.
SEC. 2. Section 3515.3 is added to the Government Code, to read:
### SEC. 2.
3515.3. (a) The Legislature finds and declares that the right of a state employee to demonstrate solidarity with other employees by honoring a picket line, or by refusing to enter upon the premises or perform work for an employer engaged in a primary labor dispute, is a fundamental human right protected by the Constitution and laws of this state.(b) Notwithstanding any other law, policy, or collective bargaining agreement, it shall not be unlawful or a cause for discipline or other adverse action against a state employee for that state employee to refuse to do any of the following:(1) Enter property that is the site of a primary labor dispute.(2) Perform work for an employer involved in a primary labor dispute.(3) Go through or work behind any primary picket line.(c) A state employer shall not direct a state employee to take any of the actions set forth in subdivision (b).(d) A recognized employee organization may inform employees of their rights and encourage employees to exercise their rights under this section.(e) A provision in a public employer policy or collective bargaining agreement that purports to limit or waive the rights set forth in this section shall be void as against public policy.(f) This section shall not apply to any public employee who is subject to Section 1962 of the Labor Code.
3515.3. (a) The Legislature finds and declares that the right of a state employee to demonstrate solidarity with other employees by honoring a picket line, or by refusing to enter upon the premises or perform work for an employer engaged in a primary labor dispute, is a fundamental human right protected by the Constitution and laws of this state.(b) Notwithstanding any other law, policy, or collective bargaining agreement, it shall not be unlawful or a cause for discipline or other adverse action against a state employee for that state employee to refuse to do any of the following:(1) Enter property that is the site of a primary labor dispute.(2) Perform work for an employer involved in a primary labor dispute.(3) Go through or work behind any primary picket line.(c) A state employer shall not direct a state employee to take any of the actions set forth in subdivision (b).(d) A recognized employee organization may inform employees of their rights and encourage employees to exercise their rights under this section.(e) A provision in a public employer policy or collective bargaining agreement that purports to limit or waive the rights set forth in this section shall be void as against public policy.(f) This section shall not apply to any public employee who is subject to Section 1962 of the Labor Code.
3515.3. (a) The Legislature finds and declares that the right of a state employee to demonstrate solidarity with other employees by honoring a picket line, or by refusing to enter upon the premises or perform work for an employer engaged in a primary labor dispute, is a fundamental human right protected by the Constitution and laws of this state.(b) Notwithstanding any other law, policy, or collective bargaining agreement, it shall not be unlawful or a cause for discipline or other adverse action against a state employee for that state employee to refuse to do any of the following:(1) Enter property that is the site of a primary labor dispute.(2) Perform work for an employer involved in a primary labor dispute.(3) Go through or work behind any primary picket line.(c) A state employer shall not direct a state employee to take any of the actions set forth in subdivision (b).(d) A recognized employee organization may inform employees of their rights and encourage employees to exercise their rights under this section.(e) A provision in a public employer policy or collective bargaining agreement that purports to limit or waive the rights set forth in this section shall be void as against public policy.(f) This section shall not apply to any public employee who is subject to Section 1962 of the Labor Code.
3515.3. (a) The Legislature finds and declares that the right of a state employee to demonstrate solidarity with other employees by honoring a picket line, or by refusing to enter upon the premises or perform work for an employer engaged in a primary labor dispute, is a fundamental human right protected by the Constitution and laws of this state.
(b) Notwithstanding any other law, policy, or collective bargaining agreement, it shall not be unlawful or a cause for discipline or other adverse action against a state employee for that state employee to refuse to do any of the following:
(1) Enter property that is the site of a primary labor dispute.
(2) Perform work for an employer involved in a primary labor dispute.
(3) Go through or work behind any primary picket line.
(c) A state employer shall not direct a state employee to take any of the actions set forth in subdivision (b).
(d) A recognized employee organization may inform employees of their rights and encourage employees to exercise their rights under this section.
(e) A provision in a public employer policy or collective bargaining agreement that purports to limit or waive the rights set forth in this section shall be void as against public policy.
(f) This section shall not apply to any public employee who is subject to Section 1962 of the Labor Code.