2003 - Delegated Agreements

Category

Collective Bargaining

Audience List

  • Labor Relations Officers
  • Personnel Officers

Synopsis

This policy

  • Provides direction regarding the submission of delegated agreements to CalHR, the Department of Finance (DOF) and the Joint Legislative Budget Committee (JLBC)

Introduction

This is an update to CalHR’s April 4, 2007, email direction regarding the submission of delegated agreements to CalHR and the JLBC.

Statement

In 2006, Senate Bill (SB) 621 (Chapter 499) amended the Dills Act (Government Code Section 3517.63) to provide greater legislative oversight of the collective bargaining process and the expenditure of funds. The implementation of SB 621 requires that any negotiated changes, such as any side letter, appendix or other addendum, may be subject to legislative review and approval.

In 2016 SB 826 (Chapter 23, the Budget Act of 2016) required that the DOF shall provide written notification to the JLBC regarding any expenditure of funds resulting from any side letter, appendix, or other addendum to a properly ratified Memorandum of Understanding (MOU), as a result, all negotiated changes are provided to the DOF before being submitted to the JLBC.

CalHR authorizes limited delegations of authority to bargain for specific departmental labor relations staff.

Departmental labor relations staff must request delegation and must receive written delegation from CalHR prior to noticing and meeting and conferring with the union to negotiate the impact of a management initiated change. No department may enter into any addenda to the MOU through the meet and confer process required by the various MOU’s Entire Agreement clause, or any other contract clause, except as expressly delegated in writing in advance by a CalHR Labor Relations Officer (LRO). CalHR LRO’s are available to assist in negotiating cases where departments do not have qualified individuals to conduct meet and confer negotiations.

Application

As noted below, when a departmental labor relations staff person concludes a meet and confer, he/she must submit the signed agreement to the appropriate CalHR LRO.

Effective immediately, CalHR will submit all agreements (including those reached by departmental labor relations staff with delegated authority to bargain and those reached by CalHR LRO’s) to the JLBC for review. However, these agreements will go to the DOF first to determine if an expenditure of funds will be required.

In light of this, CalHR directs all departmental labor relations staff to submit all delegated agreements to CalHR as follows:

  1. Within two business days of reaching a signed agreement, the departmental labor relations staff will send an email to the CalHR LRO(s) responsible for the affected bargaining unit(s) containing the following documents:
    • a copy of the approved delegation,
    • copy of all bargaining notes,
    • the final Word version of the agreement, side letter, appendix or other addendum (prior to signing),
    • the final signed, scanned agreement, side letter, appendix or other addendum and
    • the JLBC worksheet.
  2. If the negotiations do not result in a signed agreement, then the departmental labor relations staff will send an email to the CalHR LRO(s) responsible for the affected bargaining unit(s) and includie the following document:
    • A closure letter stating the results of the negotiations, referencing the CalHR Log Number.

CalHR will continue to provide negotiating instructions to departmental labor relations staff along with the written approval of delegated authority to bargain. Additional guidance necessary to comply with the statutory provisions of SB 621 (GC 3517.63) may also be given at the time of any delegated meet and confer.

Upon receipt of a signed agreement, CalHR will review the agreement for approval, submit it to the DOF and once the DOF completes their review and submits it to the JLBC, it will be posted on the CalHR website.

Authorities

Resources

Forms

  • CalHR 129: Limited Delegation of Authority to Bargain
  • CalHR 130: Limited Delegation of Authority to Bargain - Excluded Employees

PML

  • PML 2013-016: PML 2013-016 - 4/29/2013 - Update to SB 621 Delegation Process and Submission of Delegated Agreements to CalHR for the Joint Legislative Budget Committee (JLBC)

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

Authorized By

Pam Manwiller
Deputy Director of Labor Relations, Labor Relations Division

History

View History

Table of Contents

1000 - Equal Employment Opportunity

1100 - Selection

1200 - Appointments

1300 - Exempt Employees

1400 - Benefits and Insurance

1500 - Work Schedules

1600 - Third Party Pre-Tax Parking

1700 - Compensation

1800 - Savings Plus

1900 - Bona Fide Associations

2000 - Collective Bargaining

2100 - Leave

2200 - Travel/Relocation

2300 - State Owned Housing

2400 - Employee Recognition

2500 - Discipline

2600 - Layoffs

2700 - Retirement

2800 - Training

2900 - Workforce Planning

3000 - Examination and Hiring

3100 - Drug-Free Workplace