1901 - Bona Fide Associations Policy
Category
Bona Fide Associations
Audience List
- Department Deputy Directors
- Department Directors
- Employee Relations Officers
- Labor Relations Officers
Synopsis
This policy
defines Bona Fide Associations
provides registration information
provides instruction regarding access to state facilities
provides information regarding permitted activities
Introduction
Government Code Section 1150(d) defines “Bona Fide Association” as an organization of employees and former employees of an agency of the State and the California State University, and which does not have as one of its purposes representing these employees in their employer-employee relations.
California Department of Human Resources (CalHR) Rule 599.866 further defines a Bona Fide Association as an organization of employees and former employees of the state including affirmative action advocacy groups and professional organizations that do not have as one of their purposes the representing of employees in their relations with the state.
Statement
Bona fide associations are required to register with CalHR on or about July 1 of each calendar year.
Registration as a Bona Fide Association means ONLY that the association has filed the appropriate paperwork and that CalHR has determined that the association’s registration form, constitution, and bylaws satisfy the legal requirements for registration as a Bona Fide Association.
Registration as a Bona Fide Association does NOT mean that CalHR is in support of the association or its goals or that the association is authorized to offer benefits in CalHR’s name or on its behalf.
Application
Registration Process
Associations wishing to be recognized as Bona Fide Association must ANNUALLY complete the Bona Fide Association Registration Form and provide current association bylaws to CalHR on or about July 1 each year. Registration documents shall be submitted to lr.info@calhr.ca.gov.
Access to State Facilities
Registration as a Bona Fide Association does NOT authorize the association access to State-owned or State-leased property.
Facility management is responsible for ensuring facility security and the continuity of State operations. Accordingly, facility management retains full authority over the control of association access and association activities at the office or facility location.
CalHR recommends that Bona Fide Associations be allowed the same access to the facility as the general public and charitable organizations. Generally, access is appropriate for non-commercial purposes (e.g., membership recruitment) in public areas, such as cafeterias and break rooms. Access to office work areas is inappropriate and disruptive to office operations.
Commercial Activities
Registration as a Bona Fide Association does NOT authorize the association to conduct sales or other commercial activities on State-owned or State-leased property. Commercial activity is defined in California Code of Regulations, Section 1851 as “any activity or action, undertaken in whole or in part by one or more business entities and/or individuals, whose purpose in whole or in part, directly or indirectly, is to derive or realize a present or future financial gain for the individual(s) or business entity or entities.”
A Bona Fide Association may conduct “membership drives” at state facilities and offering insurance products as a benefit available only through membership in the association. If facility management determines that the purpose of the association on site is “to derive or realize a present or future financial gain for the individual(s) or business entity or entities”, the association should be denied access or removed from the site.
Authorities
- California Code of Regulations, title 2, sections 599.866 to 599.868
- Government Code sections 1150 to 1158
Resources
Forms
- Bona Fide Association Registration Form: Annual Registration Statement
PML
- PML 2004-048: PML 2004-048 - 9/16/2004 - Correction to PML Memorandum 2004-048 (Bona Fide Associations - Access to State Facilities)
Web Pages
- Registered Bona Fide Associations: Contact List of Registered Bona Fide Associations
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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