HEERA Index


	CHAPTER 12. HIGHER EDUCATION EMPLOYER-EMPLOYEE RELATIONS AS OF JUNE 24, 2004 ARTICLE 1. GENERAL PROVISIONS 3560. Legislative findings and declarations 3561. Purposes; full exercise of functions of faculty in shared governance mechanisms or practices 3562. Definitions 3562.1. California state university; establishment of flexible benefit plans; legislative approval of expenditures 3562.2. Scope of representation defined ARTICLE 2. ADMINISTRATION 3563. Public Employment Relations Board; rights, powers, duties and responsibilities 3563.1. Willful resistance, prevention, impedance or interference with member of board or its agent in performance of duties; misdemeanor; penalty 3563.2. Charge of unfair practice; initial determination; exclusive jurisdiction of board; procedures for investigation, hearing and decision 3563.3. Order to cease and desist and to take affirmative action; power of the board ARTICLE 3. JUDICIAL REVIEW 3564. Unit determination: stay of order directing election; petition for writ of extraordinary relief; notice; jurisdiction; record; findings; enforcement of final decision or order ARTICLE 4. RIGHTS, OBLIGATIONS, PROHIBITIONS, AND UNFAIR LABOR PRACTICES 3565. Right to form, join and participate in employee organizations; right to refuse 3566. Employee organizations and associations; registering, determining status; identifying official representatives 3567. Grievances; presentation individually or through representative; adjustment; resolution 3568. Rights of access and use by employee organization 3569. Released or reassigned time for representatives of exclusive representative 3569.5. California state universities; employee representatives; time off with compensation to attend meetings 3570. Meeting and conferring with employee organization by employer 3571. Unlawful employer practices 3571.1. Unlawful employee organization practices 3571.3. Expression or dissemination of opinions not constitute or be evidence of unfair labor practice; exceptions 3572. State university; meeting and conferring; written memoranda which require budgetary or curative action; approval 3572.1 Maritime academy; meeting and conferring; written memoranda which require budgetary or curative action; approval for increased expenditures; memoranda of understanding; suspension or modification of provisions; effect of memoranda 3572.3. University of California; meeting and conferring; written memorandum which require budgetary or curative action; approval 3572.5. Memorandum of understanding to control over provisions of law in conflict ARTICLE 5. EMPLOYEE ORGANIZATIONS: REPRESENTATION, RECOGNITION, CERTIFICATION AND DECERTIFICATION 3573. Request for recognition as exclusive representative; filing; certification of majority support; notice; posting 3574. Grant of request; exceptions 3575. Petition to board to decide whether employees selected or wish to select exclusive representative or appropriateness of unit 3576. Petition for decertification of exclusive representative or reconsideration of appropriateness of unit 3577. Petition on representation; investigations and hearings; determination; election, dismissal of petition 3578. Duty of exclusive representative to represent all employees fairly and impartially ARTICLE 6. UNIT DETERMINATIONS 3579. Factors in determination of appropriateness; presumptions; skilled craft employees; members of academic senate of University of California; exclusion of peace officers ARTICLE 6.5 SUPERVISORS 3580. Inapplicability of other provisions of chapter 3580.3. Supervisory employee defined 3580.5. Nonparticipation in handling of grievances, meet and confer sessions and votes on memoranda of understanding involving nonsupervisory employees 3581.1. Right to form, join and participate in employee organizations; right to refuse 3581.2. Right of employee organization to represent members in employment relations and to make rules on membership 3581.3. Scope of representation 3581.4. Meeting and conferring by employer with representatives of employee organizations 3581.5. Time off without loss of compensation for representatives 3581.6. Prohibition of interference with, intimidation, restraint, coercion, or discrimination against employees by employers or employee organizations 3581.7. Rules and regulations for administration of supervisory employer-employee relations ARTICLE 7. ORGANIZATIONAL SECURITY 3582. Inclusion in scope of representation 3583. Permissible forms; arrangement for decision of employee whether or not to join and deductions from compensation for dues 3583.5. Conditions of continued employment for California State University or University of California employees; payment of fair share fee 3584. Exception to payment of fair share fee; conscientious objectors 3585. Absence of arrangement; written authorization of employee; deductions and remissions to employee organization 3586. Trustees of California state university; continuation of payroll assignments 3587. Itemized record of financial transactions; maintenance, annual financial report; order of compliance ARTICLE 8. RIGHTS-DISPUTES ARBITRATION 3589. Agreement to procedures in written memorandum of understanding; proceedings for court order to direct arbitration; award; enforcement ARTICLE 9. IMPASSE PROCEDURES 3590. Declaration; mediation procedure 3591. Inability of mediator to effect settlement; factfinding panel; request for submission; selection; chairman 3592. Factfinding panel; hearings; investigations and inquiries; powers 3593. Finding of fact and advisory recommended terms of settlement; submission to parties and to public; payment of costs 3594. Mediator; continuation of efforts on basis of findings of fact and recommended terms of settlement ARTICLE 10. PUBLIC NOTICE 3595. Initial proposals of exclusive representatives and employers; presentation; public record; meeting and conferring; commencement; regulations ARTICLE 11. MISCELLANEOUS 3596. Open meeting laws; exemptions 3597. Student representatives; meeting and conferring on employees in student service or academic personnel 3598. Memorandum of understanding; compliance with laws prohibiting discrimination in employment 3599. Severability