HEERA

CHAPTER 12. HIGHER EDUCATION EMPLOYER-EMPLOYEE RELATIONS
AS OF JANUARY 1, 2013

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

3563.5. Appeal of administrative law judge decision regarding recognition or certification of employee organization; final order of 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