2001 - Union Notices
Category
Collective Bargaining
Audience List
- Employee Relations Officers
- Personnel Officers
- Labor Relations Officers
- Human Resources Chiefs
Synopsis
This policy
Provides direction for submitting all state notifications to Exclusive Representatives (labor unions) or excluded organizations relating to employment conditions including wages, hours, and other terms and conditions of employment.
Introduction
Departments, in addition to CalHR, have the duty to provide notice to the labor unions as described in the Ralph C. Dills Act (Dills Act) and excluded organizations as described in the Excluded Employee Bill of Rights.
The CalHR Labor Relations Division (LRD) is available to consult and answer questions to aid departments in the drafting of notices when needed.
Statement
According to Government Code section (GC) 3516.5 of the Dills Act and GC 3533 of the Excluded Employee Bill of Rights, the employer shall give reasonable notice to each affected labor organizations and/or excluded organizations to provide the opportunity to meet and confer regarding the impact of adopted policies regarding matters within the scope of representation.
In cases of emergency, where the departmental policy must be adopted immediately without prior notice, the employer shall provide such notice and the opportunity to the labor representative(s) and/or excluded organization(s) to meet and confer in good faith at the earliest practical time following adoption of such policy.
Application
Government Code section 3516.5 – Dills Act establishes the requirement for state employers to provide reasonable notice to recognized employee organization affected by any law, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted and shall give such recognized labor organizations the opportunity to meet and confer.
Government Code section 3533 – Excluded Employees Bill of Rights establishes the requirement for state employers to provide reasonable advance notice and provide the verified supervisory employee organizations an opportunity to meet and confer with the state employer to discuss alternative means of achieving objectives.
The state has statutory and contractual obligations to notice unions and communicate changes effectively. Departments should refer to the Dills Act, respective Memoranda of Understanding, and if applicable, the Excluded Employees Bill of Rights to ensure a notice is required and, if so, the respective timelines for that notice. When sending notices, departments should include enough information to provide the respective representative an adequate understanding of the change. The notice should include at a minimum:
A complete statement about what is being changed;
Who is impacted by the change as it pertains to the exclusive party being noticed;
Effective date of the change;
A description or explanation of why the change is being made;
Contact information for questions or if the union would like to request a meeting; and
Applicable attachments (strikeout/underline; current and new versions of policies; supporting documentation).
Excluded/Supervisory Organizations
Excluded organization notices are the same in relation to the information to be provided.
Authorities
Resources
PML
- PML 2014-032: PML 2014-032 - 9/30/2014 - SEIU – Notifications for State Personnel Board Items, AB 906 Contracts, and all other State Notifications
Web Pages
- Bargaining Contacts: Contact Lists
- Bargaining Units: Bargaining Units
Authorized By
Paul M. Starkey
Deputy Director of Labor Relations,
Labor Relations Division
Contact Person
Labor Relations Division
Labor Relations Officer
, Labor Relations Division
Phone: 916-324-0476
Fax: 916-322-0765
Email: lr.info@calhr.ca.gov
Superseded Policies
Not Applicable.History
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