Trial Court Act

GOVERNMENT CODE

TITLE 8, CHAPTER 7

TRIAL COURT EMPLOYMENT PROTECTION AND GOVERNANCE ACT

As of January 1, 2013

 

 

ARTICLE 1

GENERAL PROVISIONS

 

71600. Short title

71601. Definitions

71612. Modification or elimination of existing wages, hours, or terms and conditions of employment; application of act

71614. Unification of trial courts; transitional provisions; application of this act

71615. Implementation date of Act; exceptions

71616. Severability

71618. Legislative findings and declarations; application of chapter

 

ARTICLE 2

AUTHORITY TO HIRE, CLASSIFICATION AND COMPENSATION

71620. Job classifications and appointments of officers, deputies, assistants and employees

71622. Subordinate judicial officers

71622.5 Legislative declaration regarding implementation of the 2011 Realignment Legislation addressing public safety and intent to afford courts maximum flexibility to manage caseloads; appointment of hearing officers

71623. Salaries

71623.5. Workers' compensation coverage

71624. Counties contracting with Board of Administration of Public Employees' Retirement System; corresponding county defined-benefit retirement programs

71625. Accrued leave benefits

71626. Retirement benefits

71626.1. Cleaning and maintenance services

71626.5. Retiree group insurance benefits

71627. Federally regulated benefits provided to trial court employees; modification of levels

71628. Deferred compensation plan benefits; modification of levels

71629. Trial court employment benefits; modification of levels

ARTICLE 3

LABOR RELATIONS

71630. Purpose of Article

71631. Employee organizations; rights of trial court employees

71632. Agency shop agreements

71632.5. Negotiations of agency shop agreements; effective date of agreements; rescission; financial reporting requirements

(a) Notwithstanding any other provision of law, rule, or regulation, an agency shop agreement may be negotiated between a trial court and a recognized employee organization that has been recognized as the exclusive or majority bargaining agent pursuant to reasonable rules and regulations, and enactments, in accordance with this article. As used in this article, “agency shop” means an arrangement that requires an employee, as a condition of continued employment, either to join the recognized employee organization, or to pay the organization a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of that organization for the duration of the agreement or a period of three years from the effective date of the agreement, whichever comes first. However, any employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting recognized employee organizations shall not be required to join or financially support any recognized employee organization as a condition of employment. That employee may be required, in lieu of periodic dues, initiation fees, or agency shop fees to pay sums equal to those dues, initiation fees, or agency shop fees to a nonreligious, nonlabor charitable organization fund exempt from taxation under Section 501 (c)(3) of the Internal Revenue Code, chosen by the employee from a list of at least three funds, designated in a memorandum of understanding or agreement between the trial court and the recognized employee organization, or if the memorandum of understanding or agreement fails to designate any funds, then to any fund chosen by the employee. Proof of those payments shall be made on a monthly basis to the trial court as a condition of continued exemption from the requirement of financial support to the recognized employee organization.

(b) An agency shop provision in a memorandum of understanding or agreement which is in effect may be rescinded by a majority vote of all the employees in the unit covered by the memorandum of understanding or agreement under the following circumstances:

(1) A request for the vote is supported by a petition containing the signatures of at least 30 percent of the employees in the unit.

(2) The vote is by secret ballot.

(3) The vote may be taken at any time during the term of the memorandum of understanding or agreement, but in no event shall there be more than one vote taken during that term.

(c) In addition to the procedure prescribed in subdivision (a), an agency shop arrangement between the trial court and a recognized employee organization or recognized employee organizations shall be placed in effect, without a negotiated agreement, upon (1) a signed petition of at least 30 percent of the employees in the applicable bargaining unit requesting an agency shop agreement and an election to implement an agency fee arrangement, and (2) the approval of a majority of employees who cast ballots and vote in a secret ballot election in favor of the agency shop agreement. The petition may only be filed after the recognized employee organization has requested the trial court to negotiate on an agency shop arrangement and, beginning seven working days after the trial court received this request, the two parties have had 30 calendar days to attempt good faith negotiations in an effort to reach agreement. An election, that may not be held more frequently than once a year, shall be conducted by the California State Mediation and Conciliation Service in the event that the trial court and the recognized employee organization cannot agree within 10 days from the filing of the petition to select jointly a neutral person or entity to conduct the election. In the event of an agency fee arrangement outside of an agreement that was in effect on January 1, 2002, the recognized employee organization shall defend, indemnify, and hold the trial court harmless against any liability arising from any claims, demands, or other action relating to the trial court’s compliance with the agency fee obligation. Upon notification to the trial court by the recognized employee organization, the amount of the fee shall be deducted by the trial court from the wages or salary of the employee and paid to the employee organization. This subdivision shall be applicable on the operative date of this section, except that if a memorandum of understanding or agreement between the trial court and a recognized employee organization was in effect before January 1, 2002, as to the employees covered by the memorandum of understanding or agreement, the implementation date of this subdivision shall be either the date a successor memorandum of understanding or agreement is effective or, if no agreement for a successor memorandum of understanding or agreement is reached, 90 days from the date of the expiration of the predecessor memorandum of understanding or agreement. The trial court and representatives of recognized employee organizations may mutually agree to a different date on which this subdivision is applicable.

(d) Notwithstanding subdivisions (a), (b), and (c), the trial court and the recognized employee organization may negotiate, and by mutual agreement provide for, an alternative procedure or procedures regarding a vote on any agency shop agreement.

(e) An agency shop agreement or arrangement does not apply to management, confidential, or supervisory employees. If those employees nonetheless choose to join the recognized employee organization and pay dues or pay the organization a service fee, Section 71638 shall apply to those employees, and the trial court shall administer deductions for which the recognized employee organization shall defend, indemnify, and hold the trial court harmless.

(f) Every recognized employee organization that has agreed to an agency shop provision, or is a party to an agency shop arrangement, shall keep an adequate itemized record of its financial transactions and shall make available annually, to the trial court with which the agency shop provision was negotiated, and to the employees who are members of the organization, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. An employee organization required to file financial reports under the federal Labor-Management Disclosure Act of 1959 covering employees governed by this chapter or required to file financial reports under Section 3546.5, may satisfy the financial reporting requirement of this section by providing the trial court with a copy of those financial reports.

(g) This section shall become operative only if Section 3502.5 is amended to provide that a 30-percent or greater showing of interest by means of a petition requires an election regarding an agency shop, and a vote at that election of 50 percent plus one of those voting secures an agency shop arrangement.

(h) A trial court may not offer employees inducements or benefits of any kind in return for employees opposing or rescinding an agency shop arrangement.

71632.6. Application of chapter to existing agency shop provisions

71633. Rights of recognized employee organizations; rights of employees to appear on their own behalf

71634. Scope of representation

71634.1. Notice and opportunity to meet requirements; emergencies

71634.2. Meet and confer requirements

71634.3. Memorandum or agreement or understanding; presentation for determination

71634.4. Failure to reach agreement; mediation

71635. Time off allowance to employee representatives

71635.1. Discrimination prohibited

71636. Administration of employer-employee relations; adoption of rules and regulations

71636.1. Dispute resolution procedure

In the absence of local procedures for resolving disputes on the appropriateness of a unit of representation, upon the request of any of the parties, the dispute shall be submitted to the California State Mediation and Conciliation Service for the mediation or for recommendation for resolving the dispute.

71636.3. Unit determinations and representation elections; adoption of rules by trial court; bargaining unit; exclusive or majority representation

(a) Unit determinations and representation elections shall be determined and processed in accordance with rules adopted by a trial court in accordance with this chapter. In a representation election, a majority of the votes cast by the employees in the appropriate bargaining unit shall be required.

(b) Notwithstanding subdivision (a) and rules adopted by a trial court pursuant to Section 71636, a bargaining unit in effect as of January 1, 2002, shall continue in effect unless changed under the rules adopted by the trial court pursuant to Section 71636.

(c) A trial court shall grant exclusive or majority recognition to an employee organization based on a signed petition, authorization cards, or union membership cards showing that a majority of the employees in an appropriate bargaining unit desire the representation, unless another labor organization has previously been lawfully recognized as exclusive or majority representative of all or part of the same unit. Exclusive or majority representation shall be determined by a neutral third party, selected by the trial court and the employee organization, who shall review the signed petition, authorization cards, or union membership cards to verify the exclusive or majority status of the employee organization. If the trial court and the employee organization cannot agree on a neutral third party, the California State Mediation and Conciliation Service shall be the neutral third party and shall verify the exclusive or majority status of the employee organization. If the neutral third party determines, based on a signed petition, authorization cards, or union membership cards, that a second labor organization has the support of at least 30 percent of the employees in the unit in which recognition is sought, the neutral third party shall order an election to establish which labor organization, if any, has majority status.

71637. Professional employees; representation

(a) For purposes of this article, professional employees shall not be denied the right to be represented separately from nonprofessional employees by a professional employee organization consisting of those professional employees. In the event of a dispute on the appropriateness of a unit of representation for professional employees, upon request of any of the parties, the dispute shall be submitted to the California State Mediation and Conciliation Service for mediation or for recommendation for resolving the dispute.

(b) For the purpose of this section, “professional employees” means employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including, but not limited to, attorneys.

71637.1. Designation of management and confidential employees; restrictions on representation

71638. Dues deductions

71639. Representatives of trial court employees; memorandum of understanding or agreements covering trial court employees; local rules, personnel rules, policies and practices; continuation of existing provisions

71639.1 Public Employment Relations Board; powers and duties; unfair practice charges; enforcement of rules; management employees; violation of rule or regulation

71639.15. Appeal of administrative law judge decision regarding recognition or certification of employee organization; final order of board

71639.2. Application of Labor Code § 923

71639.3. Local public employee organizations; application to trial courts and trial court employees

71639.4 Petition for writ of extraordinary relief; filing; enforcement of final decision or order after expiration of time to petition

71639.5. Negotiations; written agreements; binding effect; enforcement; adoption of rules of court

ARTICLE 4

EMPLOYMENT SELECTION AND ADVANCEMENT

71640. Establishment of system

71641. Personnel rules; development

71642. Hiring and promotion; standards

71643. Positions excluded from competitive selection and promotion processes

71644. Dispute resolution

71645. Application and effective date of Article

ARTICLE 5

EMPLOYMENT PROTECTION SYSTEM

71650. Establishment of system

71651. Progressive discipline procedures

71652. Layoffs

71653. Review of disciplinary decisions; evidentiary due process hearings

71654. Review of hearing officer's report and recommendation

71655. Review of decision of disciplining trial courts

71656. County of first class as defined in § 28022; application of evidentiary due process procedures; elections to be subject to trial court employment

71657. Disciplinary actions served prior to implementation date of Chapter

71658. Implementation date of Article

ARTICLE 6

PERSONNEL FILES

71660. Adoption of personnel rules

ARTICLE 7

RELATION TO OTHER TRIAL COURT STATUTES

71670. Brown-Presley Trial Court Funding Act; application of chapter

71671. Employment protection system provisions

71672. Hiring, classification and compensation provisions

71673. Authority and powers of trial courts; hiring, classification and compensation

71674. Obsolete provisions; duties of California Law Revision Commission

71675. Allegation of Court Rule 6.702 violation concerning the release of and access to budget and management information concerning the Judicial Council or the trial courts; procedure and hearing