2003 - Delegated Agreements

Category

Collective Bargaining

Audience List

• Labor Relations Officers
• Personnel Officers

Synopsis

This policy

• Provides process for requesting delegation and submission of delegated agreements to CalHR, the Department of Finance (DOF) and the Joint Legislative Budget Committee (JLBC)

Introduction

This is the process regarding the submission of delegated agreements to CalHR and the JLBC.

Statement

In 2006, Senate Bill (SB) 621 (Chapter 499) amended the Ralph C. 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.

The annual Budget Act requires that the Department of Finance (DOF) shall provide written notification to the Joint Legislative Budget Committee (JLBC) regarding any expenditure of funds resulting from any side letter, appendix, or other addendum (side letter) to a properly ratified Memorandum of Understanding (MOU). As a result, all negotiated changes are provided to DOF before being submitted to the JLBC.

CalHR authorizes limited delegations of authority to departmental labor relations staff to bargain with the labor union representatives regarding matters within the scope of representation..

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

Application

Before the meet and confer, departments must request delegated authority by submitting a delegation request package to the Delgation Request mailbox (delegationrequest@calhr.ca.gov). The package shall include the Delegation Request form, the notice to the union, and any associated supporting documentation. The assigned CalHR LRO will consider the request and if approved, provides instructions to the designated negotiator. Additional guidance necessary to comply with GC 3517.63 may also be given at the time of any delegated meet and confer. Once approval is received, the designated departmental labor relations professional may meet and confer with the union representatives within the parameters of the delegation.

When the departmental labor relations staff person concludes a meet and confer, the signed agreement must be submitted to CalHR consistent with the CalHR parameters. 

CalHR will submit all agreements, (those reached by the delegated departmental labor relations staff and those reached by CalHR LRO’s) to DOF for submissions to the JLBC.   

In light of this, departmental labor relations staff must 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 Delegation Request mailbox containing the following documents:
   • 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 pdf agreement (non-DocuSign version), 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 Delegation Request mailbox and include a closure letter, stating the results of the negotiations.

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

For supervisory or excluded organizations, a request for delegation is required, and the parameters are different in that there is no “side letter” or other agreement to be reached. The CalHR LRO will consider the request and if approved, provides instructions and parameters to the delegated departmental labor relations staff. 

Authorities

• Government Code section 3517.63

Resources

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)

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

History

View History