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 and closure of delegated tables to CalHR.

Introduction

This is the process for departments to request delegation to negotiate the impact of a management-initiated change, and the submission of delegated agreements to CalHR for approval or the closure of a delegation.

Statement

In accordance with Government Code section 3517.63, CalHR is required to provide any negotiated changes that result in a side letter, appendix or other addendum of the memorandum of understanding for legislative review and approval.

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

Following the noticing of the labor representative(s) and upon their request to meet and confer, departmental labor relations staff must request and receive written delegation from CalHR before meeting with the labor representative(s) 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 MOU’s Entire Agreement clause, or any other contract clause, except as expressly delegated in writing in advance by the CalHR Labor Relations Officer (LRO) or their designee. CalHR LROs are available to assist in negotiating matters where departments do not have qualified individuals to conduct meet and confer negotiations.

Application

After the labor representative’s request to meet and confer, the department must request delegated authority by submitting a delegation request package to the Delegation Request inbox (delegationrequest@calhr.ca.gov). The package shall include the Delegation Request form, the notice to the union, and any associated supporting documentation attached as separate documents. The assigned CalHR LRO will consider the request and, if approved, will provide instructions to the designated negotiator. Additional guidance necessary to comply with Government Code section 3517.63 may also be given at the time of any delegated meet and confer. Once CalHR approval is received, the designated departmental labor relations professional may meet and confer with the labor representative within the parameters of the delegation. The departmental delegation authority will not extend beyond a one-year period from the date of approval. If the delegated bargaining is not completed during this one-year period, the department will need to submit an updated request for delegation package.

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

CalHR follows recommendations for making Web content more accessible and useable to a wider range of individuals. In accordance with Web Content Accessibility Guidelines (WCAG), 2.1 and Government Code section 7405, all documents posted on the CalHR website comply with accessibility requirements. 

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

1. Within two business weeks 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 combined into one .pdf document in date order of the meetings,
   • the final accessible signed 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 inbox including the closure letter/email (if applicable) and meeting notes, stating the results of the negotiations.
3. If the union withdraws their request to meet, a copy of this communication shall be submitted to the Delegation Request inbox with an email indicating the union’s request to withdraw.

Upon receipt of a signed accessible agreement, CalHR will review the agreement for approval, submit for legislative approval, and once legislative approval is received the agreement 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, which shall conform to the same directions above to submit a request for delegation.  However, the parameters will be different in that there is no “side letter” or other agreement to be reached. The CalHR LRO will consider the request and if approved, will provide further instructions 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: 916-909-3705
Email: lr.info@calhr.ca.gov

Superseded Policies

History

View History