HEERA

HIGHER EDUCATION EMPLOYER-EMPLOYEE RELATIONS ACT

Article 1. General Provisions	3560-3562.1
Article 2. Administration	3563-3563.3
Article 3. Judicial Review	3564
Article 4. Rights, Obligations, Prohibitions, and Unfair Labor Practices	3565-3572.5
Article 5. Employee Organizations: Representation, Recognition, Certification and Decertification	3573-3578
Article 6. Unit Determinations	3579
Article 6.5. Supervisors	3580-3581.7
Article 7. Organizational Security	3582-3587
Article 8. Rights-Disputes Arbitration	3589
Article 9. Impasse Procedure	3590-3594
Article 10. Public Notice	3595
Article 11. Miscellaneous	3596-3599

Article 1

CALIFORNIA CODES
GOVERNMENT CODE
SECTION 3560-3562.1


3560.  The Legislature hereby finds and declares that:
   (a) The people of the State of California have a fundamental
interest in the development of harmonious and cooperative labor
relations between the public institutions of higher education and
their employees.
   (b) All other employees of the public school systems in the state
have been granted the opportunity for collective bargaining through
the adoption of Chapter 10.3 (commencing with Section 3512) and
Chapter 10.7 (commencing with Section 3540), and it would be
advantageous and desirable to expand the jurisdiction of the board
created thereunder to cover the employees of the University of
California, Hastings College of the Law, and the California State
University. These institutions of higher education have their own
organizational characteristics.
   (c) The people of the State of California have established a
system of higher education under the Constitution of the State of
California with the intention of providing an academic community with
full freedom of inquiry and insulation from political influence in
the administration thereof.  In so doing, the people have caused to
be created the regents to govern the University of California, a
board of directors to govern Hastings College of the Law, an
affiliate of the University of California, and a board of trustees to
govern the California State University.
   (d) The people and the aforementioned higher education employers
each have a fundamental interest in the preservation and promotion of
the responsibilities granted by the people of the State of
California.  Harmonious relations between each higher education
employer and its employees are necessary to that endeavor.
   (e) It is the purpose of this chapter to provide the means by
which relations between each higher education employer and its
employees may assure that the responsibilities and authorities
granted to the separate institutions under the Constitution and by
statute are carried out in an atmosphere which permits the fullest
participation by employees in the determination of conditions of
employment which affect them.  It is the intent of this chapter to
accomplish this purpose by providing a uniform basis for recognizing
the right of the employees of these systems to full freedom of
association, self-organization, and designation of representatives of
their own choosing for the purpose of representation in their
employment relationships with their employers and to select one of
these organizations as their exclusive representative for the purpose
of meeting and conferring.



3561.  (a) It is the further purpose of this chapter to provide
orderly and clearly defined procedures for meeting and conferring and
the resolution of impasses, and to define and prohibit certain
practices which are inimical to the public interest.
   (b) The Legislature recognizes that joint decisionmaking and
consultation between administration and faculty or academic employees
is the long-accepted manner of governing institutions of higher
learning and is essential to the performance of the educational
missions of these institutions, and declares that it is the purpose
of this chapter to both preserve and encourage that process. Nothing
contained in this chapter shall be construed to restrict, limit, or
prohibit the full exercise of the functions of the faculty in any
shared governance mechanisms or practices, including the Academic
Senate of the University of California and the divisions thereof, the
Academic Senates of the California State University, and other
faculty councils, with respect to policies on academic and
professional matters affecting the California State University, the
University of California, or Hastings College of the Law.  The
principle of peer review of appointment, promotion, retention, and
tenure for academic employees shall be preserved.
   (c) It is the policy of the State of California to encourage the
pursuit of excellence in teaching, research, and learning through the
free exchange of ideas among the faculty, students, and staff of the
University of California, Hastings College of the Law, and the
California State University.  All parties subject to this chapter
shall respect and endeavor to preserve academic freedom in the
University of California, Hastings College of the Law, and the
California State University.



3562.  As used in this chapter:
   (a) "Arbitration" means a method of resolving a rights dispute
under which the parties to a controversy must accept the award of a
third party.
   (b) "Board" means the Public Employment Relations Board
established pursuant to subdivision (g) of Section 3513.
   (c) "Certified organization" means an employee organization which
has been certified by the board as the exclusive representative of
the employees in an appropriate unit after a proceeding under Article
5 (commencing with Section 3573).
   (d) "Meet and confer" means the performance of the mutual
obligation of the higher education employer and the exclusive
representative of its employees to meet at reasonable times and to
confer in good faith with respect to matters within the scope of
representation and to endeavor to reach agreement on matters within
the scope of representation.  The process should include adequate
time for the resolution of impasses.  If agreement is reached between
representatives of the higher education employer and the exclusive
representative, they shall jointly prepare a written memorandum of
such understanding which shall be presented to the higher education
employer for concurrence.  However, these obligations do not compel
either party to agree to any proposal or require the making of a
concession.
   (e) "Confidential employee" means any employee who is required to
develop or present management positions with respect to meeting and
conferring or whose duties normally require access to confidential
information which contributes significantly to the development of
such management positions.
   (f) "Employee" or "higher education employee" means any employee
of the Regents of the University of California, the Directors of
Hastings College of the Law, or the Board of Trustees of the
California State University, whose employment is principally within
the State of California. However, managerial, and confidential
employees shall be excluded from coverage under this chapter. The
board may find student employees whose employment is contingent on
their status as students are employees only if the services they
provide are unrelated to their educational objectives, or, that those
educational objectives are subordinate to the services they perform
and that coverage under this chapter would further the purposes of
this chapter.
   (g) "Employee organization" means any organization of any kind in
which higher education employees participate and which exists for the
purpose, in whole or in part, of dealing with higher education
employers concerning grievances, labor disputes, wages, hours, and
other terms and conditions of employment of employees.  Employee
organization shall also include any person such an organization
authorizes to act on its behalf. An academic senate, or other similar
academic bodies, or divisions thereof, shall not be considered
employee organizations for the purposes of this chapter.
   (h) "Employer" or "higher education employer" means the regents in
the case of the University of California, the Directors in the case
of Hastings College of the Law, and the trustees in the case of the
California State University, including any person acting as an agent
of an employer.
   (i) "Employer representative" means any person or persons
authorized to act in behalf of the employer.
   (j) "Exclusive representative" means any recognized or certified
employee organization or person it authorizes to act on its behalf.
   (k) "Impasse" means that the parties have reached a point in
meeting and conferring at which their differences in positions are
such that further meetings would be futile.
   (l) "Managerial employee" means any employee having significant
responsibilities for formulating or administering policies and
programs. No employee or group of employees shall be deemed to be
managerial employees solely because the employee or group of
employees participate in decisions with respect to courses,
curriculum, personnel and other matters of educational policy. A
department chair or head of a similar academic unit or program who
performs the foregoing duties primarily on behalf of the members of
the academic unit or program shall not be deemed a managerial
employee solely because of such duties.
   (m) "Mediation" means the efforts of a third person, or persons,
functioning as intermediaries, to assist the parties in reaching a
voluntary resolution to an impasse.
   (n) "Person" means one or more individuals, organizations,
associations, corporations, boards, committees, commissions,
agencies, or their representatives.
   (o) "Professional employee" means:
   (1) Any employee engaged in work: (i) predominately intellectual
and varied in character as opposed to routine mental, manual,
mechanical, or physical work; (ii) involving the consistent exercise
of discretion and judgment in its performance; (iii) of such a
character that the output produced or the result accomplished cannot
be standardized in relation to a given period of time; and (iv)
requiring knowledge of an advanced type in a field of science or
learning customarily acquired by a prolonged course of specialized
intellectual instruction and study in an institution of higher
learning or a hospital, as distinguished from a general academic
education or from an apprenticeship or from training in the
performance of routine mental, manual, or physical processes; or
   (2) Any employee who: (i) has completed the courses of specialized
intellectual instruction and study described in clause (iv) of
paragraph (1), and (ii) is performing related work under the
supervision of a professional person to qualify himself to become a
professional employee as defined in paragraph (1).
   (p) "Recognized organization" means an employee organization which
has been recognized by an employer as the exclusive representative
of the employees in an appropriate unit pursuant to Article 5
(commencing with Section 3573).
   (q) For purposes of the University of California only, "scope of
representation" means, and is limited to, wages, hours of employment,
and other terms and conditions of employment.  The scope of
representation shall not include:
   (1) Consideration of the merits, necessity, or organization of any
service, activity, or program established by law or resolution of
the regents or the directors, except for the terms and conditions of
employment of employees who may be affected thereby.
   (2) The amount of any fees which are not a term or condition of
employment.
   (3) Admission requirements for students, conditions for the award
of certificates and degrees to students, and the content and
supervision of courses, curricula, and research programs, as those
terms are intended by the standing orders of the regents or the
directors.
   (4) Procedures and policies to be used for the appointment,
promotion, and tenure of members of the academic senate, the
procedures to be used for the evaluation of the members of the
academic senate, and the procedures for processing grievances of
members of the academic senate.  The exclusive representative of
members of the academic senate shall have the right to consult and be
consulted on matters excluded from the scope of representation
pursuant to this paragraph.  If the academic senate determines that
any matter in this paragraph should be within the scope of
representation, or if any matter in this paragraph is withdrawn from
the responsibility of the academic senate, the matter shall be within
the scope of representation.
   All matters not within the scope of representation are reserved to
the employer and may not be subject to meeting and conferring,
provided that nothing herein may be construed to limit the right of
the employer to consult with any employees or employee organization
on any matter outside the scope of representation.
   (r) For purposes of the California State University only, "scope
of representation" means, and is limited to, wages, hours of
employment, and other terms and conditions of employment.  The scope
of representation shall not include:
   (1) Consideration of the merits, necessity, or organization of any
service, activity, or program established by statute or regulations
adopted by the trustees, except for the terms and conditions of
employment of employees who may be affected thereby.
   (2) The amount of any student fees which are not a term or
condition of employment.
   (3) Admission requirements for students, conditions for the award
of certificates and degrees to students, and the content and conduct
of courses, curricula, and research programs.
   (4) Criteria and standards to be used for the appointment,
promotion, evaluation, and tenure of academic employees, which shall
be the joint responsibility of the academic senate and the trustees.
The exclusive representative shall have the right to consult and be
consulted on matters excluded from the scope of representation
pursuant to this paragraph.  If the trustees withdraw any matter in
this paragraph from the responsibility of the academic senate, the
matter shall be within the scope of representation.
   (5) The amount of rental rates for housing charged to California
State University employees.
   All matters not within the scope of representation are reserved to
the employer and may not be subject to meeting and conferring,
provided that nothing herein may be construed to limit the right of
the employer to consult with any employees or employee organization
on any matter outside the scope of representation.



3562.1.  The California State University may meet and confer with
the employee organization selected as the exclusive representative of
appropriate units at the university on the establishment of flexible
benefit plans.  Any agreement between the university and an employee
organization which requires the expenditure of funds for a flexible
benefit program is not subject to legislative approval if funds
otherwise appropriated to the California State University for
employee compensation are sufficient to finance the flexible benefit
plan.

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Article 2

CALIFORNIA CODES
GOVERNMENT CODE
SECTION 3563-3563.3

3563.  This chapter shall be administered by the Public Employment
Relations Board.  In administering this chapter the board shall have
all of the following rights, powers, duties and responsibilities:
   (a) To determine in disputed cases, or otherwise approve,
appropriate units.
   (b) To determine in disputed cases whether a particular item is
within or without the scope of representation.
   (c) To arrange for and supervise representation elections which
shall be conducted by means of secret ballot elections, and to
certify the results of the elections.
   (d) To establish lists of persons broadly representative of the
public and qualified by experience to be available to serve as
mediators, arbitrators, or factfinders.  In no case shall such lists
include persons who are on the staff of the board.
   (e) To establish by regulation appropriate procedures for review
of proposals to change unit determinations.
   (f) To adopt, pursuant to Chapter 4.5 (commencing with Section
11371) of Part 1 of Division 3 of Title 2, rules and regulations to
carry out the provisions and effectuate the purposes and policies of
this chapter.
   (g) To hold hearings, subpoena witnesses, administer oaths, take
the testimony or deposition of any person, and, in connection
therewith, to issue subpoenas duces tecum to require the production
and examination of any employer's or employee organization's records,
books, or papers relating to any matter within its jurisdiction,
except for those records, books, or papers confidential under
statute.
   (h) To investigate unfair practice charges or alleged violations
of this chapter, and to take such action and make such determinations
in respect of such charges or alleged violations as the board deems
necessary to effectuate the policies of this chapter.
   (i) To bring an action in a court of competent jurisdiction to
enforce any of its orders, decisions or rulings or to enforce the
refusal to obey a subpoena.  Upon issuance of a complaint charging
that any person has engaged in or is engaging in an unfair practice,
the board may petition the court for appropriate temporary relief or
restraining order.
   (j) To delegate its powers to any member of the board or to any
person appointed by the board for the performance of its functions,
except that no fewer than two board members may participate in the
determination of any ruling or decision on the merits of any dispute
coming before it and except that a decision to refuse to issue a
complaint shall require the approval of two board members.
   (k) To decide contested matters involving recognition,
certification, or decertification of employee organizations.
   (l) To consider and decide issues relating to rights, privileges,
and duties of an employee organization in the event of a merger,
amalgamation, or transfer of jurisdiction between two or more
employee organizations.
   (m) To take such other action as the board deems necessary to
discharge its powers and duties and otherwise to effectuate the
purposes of this chapter.



3563.  This chapter shall be administered by the Public Employment
Relations Board.  In administering this chapter the board shall have
all of the following rights, powers, duties and responsibilities:
   (a) To determine in disputed cases, or otherwise approve,
appropriate units.
   (b) To determine in disputed cases whether a particular item is
within or without the scope of representation.
   (c) To arrange for and supervise representation elections which
shall be conducted by means of secret ballot elections, and to
certify the results of the elections.
   (d) To establish lists of persons broadly representative of the
public and qualified by experience to be available to serve as
mediators, arbitrators, or factfinders.  In no case shall the lists
include persons who are on the staff of the board.
   (e) To establish by regulation appropriate procedures for review
of proposals to change unit determinations.
   (f) To adopt, pursuant to Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2, rules and regulations to
carry out the provisions and effectuate the purposes and policies of
this chapter.
   (g) To hold hearings, subpoena witnesses, administer oaths, take
the testimony or deposition of any person, and, in connection
therewith, to issue subpoenas duces tecum to require the production
and examination of any employer's or employee organization's records,
books, or papers relating to any matter within its jurisdiction,
except for those records, books, or papers confidential under
statute. Notwithstanding Section 11425.10, Chapter 4.5 (commencing
with Section 11400) of Part 1 of Division 3 of Title 2 does not apply
to a hearing by the board under this section, except a hearing to
determine an unfair practice charge.
   (h) To investigate unfair practice charges or alleged violations
of this chapter, and to take any action and make any determinations
in respect of these charges or alleged violations as the board deems
necessary to effectuate the policies of this chapter.
   (i) To bring an action in a court of competent jurisdiction to
enforce any of its orders, decisions or rulings or to enforce the
refusal to obey a subpoena.  Upon issuance of a complaint charging
that any person has engaged in or is engaging in an unfair practice,
the board may petition the court for appropriate temporary relief or
restraining order.
   (j) To delegate its powers to any member of the board or to any
person appointed by the board for the performance of its functions,
except that no fewer than two board members may participate in the
determination of any ruling or decision on the merits of any dispute
coming before it and except that a decision to refuse to issue a
complaint shall require the approval of two board members.
   (k) To decide contested matters involving recognition,
certification, or decertification of employee organizations.
   (l) To consider and decide issues relating to rights, privileges,
and duties of an employee organization in the event of a merger,
amalgamation, or transfer of jurisdiction between two or more
employee organizations.
   (m) To take any other action as the board deems necessary to
discharge its powers and duties and otherwise to effectuate the
purposes of this chapter.



3563.1.  Any person who shall willfully resist, prevent, impede or
interfere with any member of the board, or any of its agents, in the
performance of duties pursuant to this chapter, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced to pay
a fine of not more than one thousand dollars ($1,000).




3563.2.  The initial determination as to whether the charges of
unfair practices are justified, and, if so, what remedy is necessary
to effectuate the purposes of this chapter, shall be a matter within
the exclusive jurisdiction of the board.  Procedures for
investigating, hearing, and deciding these cases shall be devised and
promulgated by the board.
   (a) Any employee, employee organization, or employer shall have
the right to file an unfair practice charge, except that the board
shall not issue a complaint in respect of any charge based upon an
alleged unfair practice occurring more than six months prior to the
filing of the charge.
   (b) The board shall not have authority to enforce agreements
between the parties, and shall not issue a complaint on any charge
based on alleged violation of such an agreement that would not also
constitute an unfair practice under this chapter.



3563.3.  The board shall have the power to issue a decision and
order directing an offending party to cease and desist from the
unfair practice and to take such affirmative action, including, but
not limited to, the reinstatement of employees with or without back
pay, as will effectuate the policies of this chapter.

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CALIFORNIA CODES
GOVERNMENT CODE
SECTION 3564

3564.  (a) No employer or employee organization shall have the right
to judicial review of a unit determination except:  (1) when the
board in response to a petition from an employer or employee
organization, agrees that the case is one of special importance and
joins in the request for such review; or (2) when the issue is raised
as a defense to an unfair practice complaint.  A board order
directing an election shall not be stayed pending judicial review.
   Upon receipt of a board order joining in the request for judicial
review, a party to the case may petition for a writ of extraordinary
relief from the unit determination decision or order.
   (b) Any charging party, respondent, or intervenor aggrieved by a
final decision or order of the board in an unfair practice case,
except a decision of the board not to issue a complaint in such a
case, may petition for a writ of extraordinary relief from such
decision or order.
   (c) Such petition shall be filed in the district court of appeal
in the appellate district where the unit determination or unfair
practice dispute occurred.  The petition shall be filed within 30
days after issuance of the board's final order, order denying
reconsideration, or order joining in the request for judicial review,
as applicable.  Upon the filing of such petition, the court shall
cause notice to be served upon the board and thereupon shall have
jurisdiction of the proceeding.  The board shall file in the court
the record of the proceeding, certified by the board, within 10 days
after the clerk's notice unless such time is extended by the court
for good cause shown.  The court shall have jurisdiction to grant to
the board such temporary relief or restraining order it deems just
and proper and in like manner to make and enter a decree enforcing,
modifying, or setting aside the order of the board.  The findings of
the board with respect to questions of fact, including ultimate
facts, if supported by substantial evidence on the record considered
as a whole, are conclusive.  The provisions of Title 1 (commencing
with Section 1067) of Part 3 of the Code of Civil Procedure relating
to writs shall, except where specifically superseded herein, apply to
proceedings pursuant to this section.
   (d) If the time to petition for extraordinary relief from a board
decision has expired, the board may seek enforcement of any final
decision or order in a district court of appeal or a superior court
in the district where the unit determination or unfair practice case
occurred.  If, after hearing, the court determines that the order was
issued pursuant to procedures established by the board and that the
person or entity refuses to comply with the order, the court shall
enforce such order by writ of mandamus.  The court shall not review
the merits of the order.



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CALIFORNIA CODES
GOVERNMENT CODE
SECTION 3565-3572.5

3565.  Higher education employees shall have the right to form, join
and participate in the activities of employee organizations of their
own choosing for the purpose of representation on all matters of
employer-employee relations and for the purpose of meeting and
conferring.  Higher education employees shall also have the right to
refuse to join employee organizations or to participate in the
activities of these organizations subject to the organizational
security provision permissible under this chapter.



3566.  The Trustees of the California State University shall adopt
reasonable rules and regulations for all of the following:
   (a) Registering employee organizations, as defined by subdivision
(g) of Section 3562, and bona fide associations, as defined by
subdivision (d) of Section 1150.
   (2) Determining the status of organizations and associations as
employee organizations or bona fide associations.
   (3) Identifying the officers and representatives who officially
represent employee organizations and bona fide associations.



3567.  Any employee or group of employees may at any time, either
individually or through a representative of their own choosing,
present grievances to the employer and have such grievances adjusted,
without the intervention of the exclusive representative; provided,
the adjustment is reached prior to arbitration pursuant to Section
3589, and the adjustment is not inconsistent with the terms of a
written memorandum then in effect.  The employer shall not agree to
resolution of the grievance until the exclusive representative has
received a copy of the grievance and the proposed resolution, and has
been given the opportunity to file a response.



3568.  Subject to reasonable regulations, employee organizations
shall have the right of access at reasonable times to areas in which
employees work, the right to use institutional bulletin boards,
mailboxes and other means of communication, and the right to use
institutional facilities at reasonable times for the purpose of
meetings concerned with the exercise of the rights guaranteed by this
act.



3569.  A reasonable number of representatives of an exclusive
representative shall have the right to receive reasonable periods of
released or reassigned time without loss of compensation when engaged
in meeting and conferring and for the processing of grievances prior
to the adoption of the initial memorandum of understanding.  When a
memorandum of understanding is in effect, released or reassigned time
shall be in accordance with the memorandum.



3569.5.  (a) The state shall allow up to three employee
representatives from each employee organization which represents
employees of the California State University reasonable time off
during working hours without loss of compensation or other benefits,
to attend and make oral presentations at meetings of the Trustees of
the California State University, or a committee thereof, held during
the working hours of the employees, if a matter affecting conditions
of employment is scheduled for consideration.
   (b) Any employee organization wishing to send employee
representatives to make oral presentations at such a meeting shall
submit a request to the trustees far enough in advance to permit
scheduling of speakers pursuant to rules and regulations of the
trustees.  Each employee organization shall be limited to not more
than three speakers at any meeting.
   (c) Only employee representatives who are named in the request
submitted to the trustees as employee representatives who will make
an oral presentation, and who intend to make an oral presentation,
shall be allowed time off as specified in subdivision (a).  Other
employees may attend meetings by taking vacation time, compensating
time off, or time off without pay if the workload permits, when
approved by their supervisor.
   (d) Nothing in this section shall preclude the trustees from
adopting rules and regulations relating to time off for employees not
represented by an employee organization to attend meetings.
   (e) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to this
chapter, the memorandum of understanding shall be controlling without
further legislative action, except that if the provisions of a
memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



3570.  Higher education employers, or such representatives as they
may designate, shall engage in meeting and conferring with the
employee organization selected as exclusive representative of an
appropriate unit on all matters within the scope of representation.




3571.  It shall be unlawful for the higher education employer to do
any of the following:
   (a) Impose or threaten to impose reprisals on employees, to
discriminate or threaten to discriminate against employees, or
otherwise to interfere with, restrain, or coerce employees because of
their exercise of rights guaranteed by this chapter.  For purposes
of this subdivision, "employee" includes an applicant for employment
or reemployment.
   (b) Deny to employee organizations rights guaranteed to them by
this chapter.
   (c) Refuse or fail to engage in meeting and conferring with an
exclusive representative.
   (d) Dominate or interfere with the formation or administration of
any employee organization, or contribute financial or other support
to it, or in any way encourage employees to join any organization in
preference to another. However, subject to rules and regulations
adopted by the board pursuant to Section 3563, an employer shall not
be prohibited from permitting employees to engage in meeting and
conferring or consulting during working hours without loss of pay or
benefits.
   (e) Refuse to participate in good faith in the impasse procedure
set forth in Article 9 (commencing with Section 3590).
   (f) Consult with any academic, professional, or staff advisory
group on any matter within the scope of representation for employees
who are represented by an exclusive representative, or for whom an
employee organization has filed a request for recognition or
certification as an exclusive representative until such time as the
request is withdrawn or an election has been held in which "no
representative" received a majority of the votes cast.  This
subdivision is not intended to diminish the prohibition of unfair
practices contained in subdivision (d).  For the purposes of this
subdivision, the term "academic" shall not be deemed to include the
academic senates.


3571.1.  It shall be unlawful for an employee organization to:
   (a) Cause or attempt to cause the higher education employer to
violate Section 3571.
   (b) Impose or threaten to impose reprisals on employees, to
discriminate or threaten to discriminate against employees, or
otherwise to interfere with, restrain, or coerce employees because of
their exercise of rights guaranteed by this chapter.
   (c) Refuse or fail to engage in meeting and conferring with the
higher education employer.
   (d) Refuse to participate in good faith in the impasse procedure
set forth in Article 9 (commencing with Section 3590).
   (e) Fail to represent fairly and impartially all the employees in
the unit for which it is the exclusive representative.
   (f) Require of employees covered by a memorandum of understanding
to which it is a party the payment of a fee, as a condition precedent
to becoming a member of such organization, in an amount which the
board finds excessive or discriminatory under all the circumstances.
In making such a finding, the board shall consider, among other
relevant factors, the practices and customs of employee organizations
in higher education, and the wages currently paid to the employees
affected.
   (g) Cause, or attempt to cause, an employer to pay or deliver, or
agree to pay or deliver, any money or other thing of value, in the
nature of an exaction, for services which are not performed or are
not to be performed.



3571.3.  The expression of any views, arguments, or opinions, or the
dissemination thereof, whether in written, printed, graphic, or
visual form, shall not constitute, or be evidence of, an unfair labor
practice under any provision of this chapter, unless such expression
contains a threat of reprisal, force, or promise of benefit;
provided, however, that the employer shall not express a preference
for one employee organization over another employee organization.



3572.  This section shall apply only to the California State
University.
   (a) The duty to meet and confer in good faith requires the parties
to begin negotiations prior to the adoption of the final budget for
the ensuing year sufficiently in advance of the adoption date so that
there is adequate time for agreement to be reached, or for the
resolution of an impasse.  The California State University shall
maintain close liaison with the Department of Finance and the
Legislature relative to the meeting and conferring on provisions of
the written memoranda which have fiscal ramifications.  The Governor
shall appoint one representative to attend the meeting and
conferring, including the impasse procedure, to advise the parties on
the views of the Governor on matters which would require an
appropriation or legislative action, and the Speaker of the Assembly
and the Senate Rules Committee may each appoint one representative to
attend the meeting and conferring to advise the parties on the views
of the Legislature on matters which would require an appropriation
or legislative action.
   No written memoranda reached pursuant to the provisions of this
chapter which  require budgetary or curative action by the
Legislature or other funding agencies shall be effective unless and
until such an action has been taken.  Following execution of written
memoranda of understanding, an appropriate request for financing or
budgetary funding for all state-funded employees or for necessary
legislation will be forwarded promptly to the Legislature and the
Governor or other funding agencies.  When memoranda require
legislative action pursuant to this section, if the Legislature or
the Governor fail to fully fund the memoranda or to take the
requisite curative action, the entire memoranda shall be referred
back to the parties for further meeting and conferring; provided,
however, that the parties may agree that provisions of the memoranda
which are nonbudgetary and do not require funding shall take effect
whether or not the funding requests submitted to the Legislature are
approved.



3572.1.  This section shall apply only to the California Maritime
Academy.
   (a) The duty to engage in meeting and conferring requires the
parties to begin meeting and conferring at least 60 days prior to the
expiration of memoranda of understanding, or May 1, if earlier, of
any year in which a memorandum shall expire, or May 1, if there is no
existing memorandum of understanding.  The trustees shall maintain
close liaison with the Department of Finance and the Legislature
relative to the meeting and conferring on provisions of the written
memoranda that have fiscal ramifications.
   No written memoranda reached pursuant to this chapter that require
budgetary or curative action by the Legislature or other funding
agencies, including the Federal Maritime Administration, shall be
effective unless and until that action has been taken.  Following
execution of written memoranda of understanding, an appropriate
request for financing or budgetary funding for all state-funded
employees or for necessary legislation will be forwarded promptly to
the Legislature and the Governor or other funding agencies.  When
memoranda require legislative action pursuant to this section, if the
Legislature or the Governor fails fully to fund the memoranda or to
take the requisite curative action, the entire memoranda shall be
referred back to the parties for further meeting and conferring;
provided, however, that the parties may agree that provisions of the
memoranda that are nonbudgetary and do not require funding shall take
effect whether or not the funding requests submitted to the
Legislature are approved.
   The Legislature recognizes that the California Maritime Academy's
sources of funding are multiple, and approval by the Legislature, and
by other public agencies, as to employees funded by those agencies,
may be required prior to implementation of increased expenditures
resulting from agreements reached in accordance with this chapter.
   (b) The Legislature finds that federal funding in support of the
California Maritime Academy is essential.  The trustees may suspend
or modify any provision of a memorandum of understanding that
jeopardizes federal funding, but shall provide notice to exclusive
representatives of any such suspension or modification and shall meet
and confer with the exclusive representative, if requested to do so,
to explain the need for, and the effects of, the suspension or
modification.
   (c) Any memorandum of understanding that is in effect at the time
that the employer-employee relations of the California Maritime
Academy is transferred from the Ralph C. Dills Act (Chapter 10.3
(commencing with Section 3512) of Division 4 of Title 1), to the
Higher Education Employer-Employee Relations Act (Chapter 12
(commencing with Section 3560) of Division 4 of Title 1), shall
remain in effect until the end of the term of the memorandum of
understanding, upon extension of the contracts in existence on June
30, 1995, or until superseded by a new memorandum of understanding.
   (d) If agreement is reached to extend existing memoranda of
understanding covering California Maritime Academy employees beyond
the current June 30, 1995, expiration date, then any decisions,
agreements, or settlements made by the California State University in
the administration of the memoranda of understanding relative to
employees of the California Maritime Academy shall not be binding
upon, or considered as precedent required to be followed by, the
Department of Personnel Administration.
   (e) This section shall become operative on July 1, 1995.



3572.3.  This section shall apply only to the University of
California.
   (a) The duty to engage in meeting and conferring requires the
parties to begin meeting and conferring at least 60 days prior to the
expiration of memoranda of understanding, or the May 1, if earlier,
of any year in which a memorandum shall expire, or May 1, if there is
no existing memorandum.  The University of California and Hastings
College of the Law shall maintain close liaison with the Department
of Finance and the Legislature relative to the meeting and conferring
on provisions of the written memoranda which have fiscal
ramifications.
   No written memoranda reached pursuant to the provisions of this
chapter which require budgetary or curative action by the Legislature
or other funding agencies shall be effective unless and until such
an action has been taken.  Following execution of written memoranda
of understanding, an appropriate request for financing or budgetary
funding in the aggregate for all state-funded employees or for
necessary legislation will be forwarded promptly to the Legislature
and the Governor or other funding agencies.  When memoranda require
legislative action pursuant to this section, if the Legislature or
the Governor fail to fully fund the memoranda or to take the
requisite curative action, the entire memoranda shall be referred
back to the parties for further meeting and conferring; provided,
however, that the parties may agree that provisions of the memoranda
which are nonbudgetary and do not require funding shall take effect
whether or not the aggregate funding requests submitted to the
Legislature are approved.  The Legislature recognizes that the
University of California's sources of funding are multiple and
approval by the Legislature, and by other public agencies, as to
employees funded by those agencies, may be required prior to
implementation of increased expenditures resulting from agreements
reached in accordance with the provisions of this chapter.




3572.5.  In the case where the following provisions of law are in
conflict with a memorandum of understanding, the memorandum of
understanding shall be controlling.
   (a) Part 13 (commencing with Section 22000) of Division 1 of Title
1 of, Sections 66609, 89007, 89039, 89500, 89501, 89502, 89503,
89504, 89505, 89505.5, 89506, 89507, 89508, 89509, 89510, 89512,
89513, 89514, 89515, 89516, 89517, 89518, 89519, 89520, 89523, 89524,
89527, 89531, 89532, 89533, 89534, 89537, 89541, 89542, 89542.5,
89543, 89544, 89545, 89546, 89550, 89551, 89552, 89553, 89554, 89555,
89556, 89700 and 89701 of, the Education Code.
   (b) Sections 825, 825.2, 825.6, 3569.5, 6700, 11020, and 11021 of,
Chapter 4 (commencing with Section 18150) of Part 1 of Division 5 of
Title 2 of, Sections 18200, 19841, 19848, 19850.6, 19864, and 19875
of, Article 4 (commencing with Section 19869) and Article 5
(commencing with Section 19878) of Chapter 2.5 of Part 2.6 of
Division 5 of Title 2 of, and Section 22825.1 of, the Government
Code.
   (c) Sections 395, 395.01, 395.05, 395.1 and 395.3 of the Military
and Veterans Code.



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Article 5


CALIFORNIA CODES
GOVERNMENT CODE
SECTION 3573-3578




3573.  An employee organization may become the exclusive
representative for the employees of an appropriate unit for purposes
of meeting and conferring by filing a request with a higher education
employer alleging that a majority of the employees in an appropriate
unit wish to be represented by such organization and asking the
employer to recognize it as the exclusive representative.  The
request shall describe the grouping of jobs or positions which
constitute the unit claimed to be appropriate and shall certify that
proof of majority support has been submitted to either the board or
to a mutually agreed upon third party.  Notice of any such request
shall immediately be posted conspicuously on all employee bulletin
boards in each facility of the employer in which members of the unit
claimed to be appropriate are employed.



3574.  The higher education employer shall grant a request for
recognition filed pursuant to Section 3573 unless:
   (a) The employer reasonably doubts that the employee organization
has majority support or reasonably doubts the appropriateness of the
requested unit.  In such case the employer shall notify the board
which shall conduct a representation election pursuant to Section
3577 unless subdivision (c) or (d) applies; or
   (b) Another employee organization either files with the employer a
challenge to the appropriateness of the unit or submits a competing
claim of representation within 15 workdays of the posting of notice
of the written request.  If the claim is evidenced by the support of
at least 30 percent of the members of the proposed unit, a question
of representation shall be deemed to exist and the board shall
conduct a representation election pursuant to Section 3577, or if the
claim is evidenced by the support of at least 10 percent of the
members of the proposed unit, the board shall conduct such inquiries
and investigations or hold such hearings as it shall deem necessary
in order to decide the questions raised by the claim and may conduct
a representation election pursuant to Section 3577.  Evidence of such
support shall be submitted to either the board or to a mutually
agreed upon third party; or
   (c) There is currently in effect a lawful written memorandum of
understanding between the employer and another employee organization
recognized or certified as the exclusive representative of any
employees included in the unit described in the request for
recognition, unless the request for recognition is filed not more
than 120 days and not less than 90 days prior to the expiration date
of such memorandum of understanding, provided that if such memorandum
of understanding has been in effect for three years or more, there
shall be no restriction as to the time of filing the request; or
   (d) Within the previous 12 months either another employee
organization has been lawfully recognized or certified as the
exclusive representative of any employees included in the unit
described in the request for recognition, or a majority of the votes
cast in a representation election held pursuant to Section 3577 were
cast for "no representation."



3575.  A petition may be filed with the board, in accordance with
its rules and regulations, requesting it to investigate and decide
the question of whether employees have selected or wish to select an
exclusive representative or to determine the appropriateness of a
unit, by:
   (a) An employee organization alleging that it has filed a request
for recognition as an exclusive representative with an employer and
that the request has been denied or has not been acted upon within 30
days after the filing of the request; or
   (b) An employee organization alleging that it has filed a
competing claim of representation pursuant to subdivision (b) of
Section 3574; or
   (c) An employee organization wishing to be certified by the board
as the exclusive representative.  Such petition for certification as
the exclusive representative in an appropriate unit shall include
proof of a 30-percent showing of interest designating the
organization as the exclusive representative of the employees.



3576.  A petition may be filed with the board, in accordance with
its rules and regulations, requesting it to investigate and decide
the question of whether the employees wish to decertify an exclusive
representative or to reconsider the appropriateness of a unit.  Such
petition may allege that the employees in an appropriate unit no
longer desire a particular employee organization as their exclusive
representative, provided that such petition is supported by 30
percent of the employees in the unit indicating support for another
organization or lack of support for the incumbent exclusive
representative.


3577.  (a) Upon receipt of a petition filed pursuant to Section 3575
the board shall conduct such inquiries and investigations or hold
such hearings as it shall deem necessary in order to decide the
questions raised by the petition.  The determination of the board may
be based upon the evidence adduced in the inquiries, investigations,
or hearings.  If the board finds on the basis of the evidence that a
question of representation exists, or a question of representation
is deemed to exist pursuant to subdivision (a) or (b) of Section
3574, it shall order that an election shall be conducted by secret
ballot placing on the ballot all employee organizations evidencing
support of at least 10 percent of the members of an appropriate unit,
and it shall certify the results of the election on the basis of
which ballot choice received a majority of the valid votes cast.
There shall be printed on the initial ballot the choice of "no
representation."  If at any election no choice on the ballot receives
a majority of the votes cast, a runoff election shall be conducted.
The ballot for the runoff election shall provide for a selection
between the two choices receiving the largest and second largest
number of valid votes cast in the election.
   (b) No election shall be held and the petition shall be dismissed
whenever:
   (1) There is currently in effect a memorandum of understanding
between the employer and another employee organization recognized or
certified as the exclusive representative of any employees included
in the unit described in the petition, unless the petition is filed
not more than 120 days and not less than 90 days prior to the
expiration date of such memorandum, provided that if such memorandum
has been in effect for three years or more, there shall be no
restriction as to time of filing the petition; or
   (2) Within the previous 12 months either an employee organization
other than the petitioner has been lawfully recognized or certified
as the exclusive representative of any employees included in the unit
described in the petition, or a majority of the votes cast in a
representation election held pursuant to subdivision (a) of Section
3577 were cast for "no representation."



3578.  The employee organization recognized or certified as the
exclusive representative shall represent all employees in the unit,
fairly and impartially.  A breach of this duty shall be deemed to
have occurred if the employee organization's conduct in
representation is arbitrary, discriminatory, or in bad faith.


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Article 6


CALIFORNIA CODES
GOVERNMENT CODE
SECTION 3579




3579.  (a) In each case where the appropriateness of a unit is an
issue, in determining an appropriate unit, the board shall take into
consideration all of the following criteria:
   (1) The internal and occupational community of interest among the
employees, including, but not limited to, the extent to which they
perform functionally related services or work toward established
common goals, the history of employee representation with the
employer, the extent to which the employees belong to the same
employee organization, the extent to which the employees have common
skills, working conditions, job duties, or similar educational or
training requirements, and the extent to which the employees have
common supervision.
   (2) The effect that the projected unit will have on the meet and
confer relationships, emphasizing the availability and authority of
employer representatives to deal effectively with employee
organizations representing the unit, and taking into account factors
such as work location, the numerical size of the unit, the
relationship of the unit to organizational patterns of the higher
education employer, and the effect on the existing classification
structure or existing classification schematic of dividing a single
class or single classification schematic among two or more units.
   (3) The effect of the proposed unit on efficient operations of the
employer and the compatibility of the unit with the responsibility
of the higher education employer and its employees to serve students
and the public.
   (4) The number of employees and classifications in a proposed
unit, and its effect on the operations of the employer, on the
objectives of providing the employees the right to effective
representation, and on the meet and confer relationship.
   (5) The impact on the meet and confer relationship created by
fragmentation of employee groups or any proliferation of units among
the employees of the employer.
   (b) There shall be a presumption that professional employees and
nonprofessional employees shall not be included in the same
representation unit.  However, the presumption shall be rebuttable,
depending upon what the evidence pertinent to the criteria set forth
in subdivision (a) establishes.
   (c) There shall be a presumption that all employees within an
occupational group or groups shall be included within a single
representation unit.  However, the presumption shall be rebutted if
there is a preponderance of evidence that a single representation
unit is inconsistent with the criteria set forth in subdivision (a)
or with the purposes of this chapter.
   (d) Notwithstanding the foregoing provisions of this section, or
any other provision of law, an appropriate group of skilled crafts
employees shall have the right to be a single, separate unit of
representation.  Skilled crafts employees shall include, but not
necessarily be limited to, employment categories such as carpenters,
plumbers, electricians, painters, and operating engineers.  The
single unit of representation shall include not less than all skilled
crafts employees at a campus or at a Lawrence Laboratory.
   (e) Notwithstanding the foregoing provisions of this section, the
only appropriate representation units including members of the
academic senate of the University of California shall be either a
single statewide unit consisting of all eligible members of the
senate, or divisional units consisting of all eligible members of a
division of the senate.  In addition to the limitations of
subdivision (q) of Section 3562, the scope of representation of any
divisional unit shall be limited to those matters which have
customarily been determined on a division basis, but the employer
shall consult with the exclusive representative of a division on
matters which would be within the scope of representation or
consultation of a statewide representative.  When 35 percent of the
eligible members of the academic senate are represented by an
exclusive representative or representatives in divisional units, the
board, on petition of a representative or of an organization
comprised of those representatives, shall conduct an election to
determine if the eligible members of the entire senate wish
thereafter to be represented by a representative or organization in a
single unit on all matters within the scope of representation.  Any
other exclusive representative or organization of representatives or
any employee organization meeting the requirements of subdivision (a)
of Section 3577 shall be entitled, on petition, to appear on the
ballot, and in the event no choice receives a majority of the votes
cast, the runoff provisions of subdivision (a) of Section 3577 shall
be applicable.
   (f) The board shall not determine that any unit is appropriate if
it includes, together with other employees, employees who are defined
as peace officers pursuant to subdivisions (c) and (d) of Section
830.2 of the Penal Code.

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Article 6.5

CALIFORNIA CODES
GOVERNMENT CODE
SECTION 3580-3581.7




3580.  Except as provided by this article, supervisory employees
shall not have the rights, or be covered by, any provision or
definition established by this chapter.



3580.3.  "Supervisory employee" means any individual, regardless of
the job description or title, having authority, in the interest of
the employer to hire, transfer, suspend, lay off, recall, promote,
discharge, assign, reward, or discipline other employees, or
responsibility to direct them, or to adjust their grievances, or
effectively to recommend such action, if, in connection with the
foregoing, the exercise of such authority is not of a merely routine
or clerical nature, but requires the use of independent judgment.
With respect to faculty or academic employees, any department chair,
head of a similar academic unit or program, or other employee who
performs the foregoing duties primarily in the interest of and on
behalf of the members of the academic department, unit or program,
shall not be deemed a supervisory employee solely because of such
duties; provided, that with respect to the University of California
and Hastings College of the Law, there shall be a rebuttable
presumption that such an individual appointed by the employer to an
indefinite term shall be deemed to be a supervisor.  Employees whose
duties are substantially similar to those of their subordinates shall
not be considered to be supervisory employees.



3580.5.  (a) Supervisory employees shall not participate in the
handling of grievances on behalf of nonsupervisory employees.
Nonsupervisory employees shall not participate in the handling of
grievances on behalf of supervisory employees.
   (b) Supervisory employees shall not participate in meet and confer
sessions on behalf of nonsupervisory employees.  Nonsupervisory
employees shall not participate in meet and confer sessions on behalf
of supervisory employees.
   (c) The prohibition in subdivisions (a) and (b) shall not be
construed to apply to the paid staff of an employee organization.
   (d) Supervisory employees shall not vote on questions of
ratification or rejection of memoranda of understanding reached on
behalf of nonsupervisory employees.



3581.1.  Supervisory employees shall have the right to form, join,
and participate in the activities of employee organizations of their
own choosing for the purpose of representation on all matters of
supervisory employee-employer relations as set forth in Section
3581.3.  Supervisory employees also shall have the right to refuse to
join or participate in the activities of employee organizations and
shall have the right to represent themselves individually in their
employment relations with the employer.



3581.2.  Employee organizations shall have the right to represent
their supervisory employee members in their employment relations,
including grievances, with the employer.  Employee organizations may
establish reasonable restrictions regarding who may join and may make
reasonable provisions for the dismissal of employees from
membership.  Nothing in this section shall prohibit any employee from
appearing on his or her own behalf or through his or her chosen
representative in his or her employment relations and grievances with
the higher education employer.



3581.3.  The scope of representation for supervisory employees shall
include all matters relating to employment conditions and
supervisory employee-employer relations including wages, hours, and
other terms and conditions of employment.


3581.4.  The higher education employer shall meet and confer with
representatives of employee organizations upon request.  Meet and
confer means that they shall consider as fully as the employer deems
reasonable such presentations as are made by the employee
organization on behalf of its supervisory members prior to arriving
at a determination of policy or course of action.



3581.5.  The higher education employer shall allow a reasonable
number of supervisory public employee representatives of verified
employee organizations reasonable time off without loss of
compensation or other benefits when meeting and conferring with
representatives of the higher education employer on matters within
the scope of representation.



3581.6.  The higher education employer and employee organizations
shall not interfere with, intimidate, restrain, coerce, or
discriminate against supervisory employees because of their exercise
of their rights under this article.


3581.7.  Subject to review by the board, the higher education
employer may adopt reasonable rules and regulations for the
administration of supervisory employee-employer relations under this
article.  Such rules and regulations may include provisions for:
   (a) Verifying that an employee organization does in fact represent
supervisory employees of the employer.
   (b) Verifying the official status of employee organization
officers and representatives.
   (c) Access of employee organization officers and representatives
to work locations.
   (d) Use of official bulletin boards and other means of
communication by employee organizations.
   (e) Furnishing nonconfidential information pertaining to
supervisory employee relations to employee organizations.
   (f) Such other matters as are necessary to carry out the purposes
of this article.


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Article 7

CALIFORNIA CODES
GOVERNMENT CODE
SECTION 3582-3587




3582.  Subject to the limitations set forth in this section,
organizational security shall be within the scope of representation.



3583.  Permissible forms of organizational security shall be limited
to an arrangement pursuant to which an employee may decide whether
or not to join the recognized or certified employee organization, but
which requires the employer to deduct from the wages or salary of
any employee who does join, and pay to the employee organization
which is the exclusive representative of such employee, the standard
initiation fee, periodic dues, and general assessments of such
organization for the duration of the written memorandum of
understanding.  However, no such arrangement shall deprive the
employee of the right to resign from the employee organization within
a period of 30 days prior to the expiration of a written memorandum
of understanding.



3585.  In the absence of an arrangement pursuant to Section 3583, an
employer shall, upon written authorization by the employee involved,
deduct and remit to the exclusive representative, or in the absence
of an exclusive representative to the employee organization of the
employee's choice, the standard initiation fee, periodic dues, and
general assessments of such organization, until such time as an
exclusive representative has been selected for the employee's unit.
Thereafter, deductions shall be made only for the exclusive
representative.


3586.  The Trustees of the California State University shall
continue all payroll assignments authorized by an employee prior to
and until recognition or certification of an exclusive representative
until notification is submitted by an employee to discontinue the
employee's assignments.



3587.  Every recognized or certified employee organization shall
keep an adequate itemized record of its financial transactions and
shall make available annually, to the board and to the employees who
are members of the organization, within 60 days after the end of its
fiscal year, a detailed written financial report thereof in the form
of a balance sheet and an operating statement, certified as to
accuracy by the president and treasurer or comparable officers.  In
the event of failure of compliance with this section, any employee
within the organization may petition the board for an order
compelling such compliance, or the board may issue such compliance
order on its motion.


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Article 8

CALIFORNIA CODES
GOVERNMENT CODE
SECTION 3589


3589.  (a) An employer and an exclusive representative who enter
into a written memorandum of understanding may agree to procedures
for final and binding arbitration of disputes that may arise under
the memorandum of understanding or between the parties.
   (b) Where a party to a memorandum of understanding is aggrieved by
the failure, neglect, or refusal of the other party to proceed to
arbitration pursuant to the procedures provided therefor in the
memorandum, the aggrieved party may bring proceedings pursuant to
Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil
Procedure for a court order directing that the arbitration proceed
pursuant to the procedures provided therefor in such memorandum of
understanding.
   (c) An arbitration award made pursuant to this section shall be
final and binding upon the parties and may be enforced by a court
pursuant to Title 9 (commencing with Section 1280) of Part 3 of the
Code of Civil Procedure.
   (d) The board shall submit a list of names of arbitrators to
employers and employee organizations upon their mutual request.
Nothing in this subdivision shall preclude the parties from mutually
agreeing to some other means of selecting an arbitrator.  The board
shall also, if mutually requested to do so, designate an arbitrator
to hear and decide the rights dispute.


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Article 9

CALIFORNIA CODES
GOVERNMENT CODE
SECTION 3590-3594




3590.  Either an employer or the exclusive representative may
declare that an impasse has been reached between the parties in
negotiations over matters within the scope of representation and may
request the board to appoint a mediator for the purpose of assisting
them in reconciling their differences and resolving the controversy
on terms which are mutually acceptable.  If the board determines that
an impasse exists, it shall, in no event later than five working
days after the receipt of a request, appoint a mediator in accordance
with such rules as it shall prescribe.  The mediator shall meet
forthwith with the parties or their representatives, either jointly
or separately, and shall take such other steps as he may deem
appropriate in order to persuade the parties to resolve their
differences and effect a mutually acceptable memorandum of
understanding.  The services of the mediator, including any per diem
fees, and actual and necessary travel and subsistence expenses, shall
be provided by the board without cost to the parties.  Nothing in
this section shall be construed to prevent the parties from mutually
agreeing upon their own mediation procedure and in the event of such
agreement, the board shall not appoint its own mediator, unless
failure to do so would be inconsistent with the policies of this
chapter.  If the parties agree upon their own mediation procedure,
the cost of the services of any appointed mediator, unless appointed
by the board, including any per diem fees, and actual and necessary
travel and subsistence expenses, shall be borne equally by the
parties.



3591.  If the mediator is unable to effect settlement of the
controversy within 15 days after his appointment and the mediator
declares that factfinding is appropriate to the resolution of the
impasse, either party may, by written notification to the other,
request that their differences be submitted to a factfinding panel.
Within five days after receipt of the written request, each party
shall select a person to serve as its member of the factfinding
panel.  The board shall, within five days after such selection,
select a chairman of the factfinding panel.  The chairman designated
by the board shall not, without the consent of both parties, be the
same person who served as mediator pursuant to Section 3590.



3592.  The panel shall, within 10 days after its appointment, meet
with the parties or their representatives and consider their
respective positions. The panel may make additional inquiries and
investigations, hold hearings, and take other steps which it may deem
appropriate.  For the purpose of the hearings, investigations, and
inquiries, the panel may issue subpoenas requiring the attendance and
testimony of witnesses and the production of evidence.  The Regents
of the University of California, the Directors of Hastings College of
the Law, and the Trustees of the California State University shall
furnish the panel, upon its request, with all records, papers, and
information in their possession relating to any matter under
investigation by or in issue before the panel, except for those
records, books, and information which are confidential by statute.



3593.  If the dispute is not settled within 30 days after the
appointment of the panel, or, upon agreement by both parties, within
a longer period, the panel shall make findings of fact and recommend
terms of settlement, which recommendations shall be advisory only.
Any findings of fact and recommended terms of settlement shall be
submitted in writing to the parties privately before they are made
public.  The panel, subject to the rules and regulations of the
board, may make such findings and recommendations public 10 days
thereafter.  During this 10-day period, the parties are prohibited
from making the panel's findings and recommendations public.  The
costs for the services of the panel chairman, including per diem
fees, if any, and actual and necessary travel and subsistence
expenses shall be borne by the board.  Any other mutually incurred
costs shall be borne equally by the employer and the exclusive
representative.  Any separately incurred costs for the panel member
selected by each party, shall be borne by such party.




3594.  Nothing in this article shall be construed to prohibit the
mediator appointed pursuant to Section 3590, with the permission of
the parties, from continuing mediation efforts on the basis of the
findings of fact and recommended terms of settlement made pursuant to
Section 3594.


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Article 10

CALIFORNIA CODES
GOVERNMENT CODE
SECTION 3595

3595.  (a) All initial proposals of exclusive representatives and of
higher education employers, which relate to matters within the scope
of representation, shall be presented at a public meeting of the
higher education employer and thereafter shall be public records.
   (b) Meeting and conferring shall not commence on an initial
proposal until a reasonable time has elapsed after the submission of
the proposal to enable the public to become informed and the public
has the opportunity to express itself regarding the proposal at a
meeting of the higher education employer.
   (c) After the public has had the opportunity to express itself,
the higher education employer shall, at a meeting which is open to
the public, adopt a proposal, including any changes to its initial
proposal which the higher education employer deems appropriate based
on the public's comments.
   (d) New subjects of meeting and conferring arising after the
presentation of initial proposals shall be made public within 24
hours.  If a vote is taken on such subject by the higher education
employer, the vote thereon by each member voting shall also be made
public within 24 hours.
   (e) The board may adopt regulations for the purpose of
implementing this section, which are consistent with the intent of
the section; namely that the public be informed of the issues that
are being met and conferred upon and have full opportunity to express
their views on the issues to the higher education employer, and to
know of the positions of the higher education employer.

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Article 11

CALIFORNIA CODES
GOVERNMENT CODE
SECTION 3596-3599




3596.  All the proceedings set forth in this section shall be exempt
from the provisions of Article 9 (commencing with Section 11120) of
Chapter 1 of Part 1 of Division 3 of Title 2, and Section 92030 of
the Education Code, unless the parties mutually agree otherwise:
   (a) Any meeting and conferring discussion between a higher
education employer and a recognized or certified employee
organization.
   (b) Any meeting of a mediator with either party or both parties to
the meeting and conferring process.
   (c) Any hearing, meeting, or investigation conducted by a
factfinder or arbitrator.
   (d) Any executive session of the higher education employer or
between the higher education employer and its designated
representatives for the purpose of discussing its position respecting
meeting and conferring or regarding any matter within the scope of
representation or instructing its designated representatives.



3597.  (a) Subject to provisions of subdivision (d), in all meeting
and conferring between higher education employers and employee
organizations representing student service or academic personnel, a
student representative shall have the right to be notified in writing
by the employer and the employee organizations of the issues under
discussion.  A student representative shall have the right to be
present and comment at reasonable times during meeting and conferring
between the employer and such employee organizations.
   (b) The student representative shall be provided access to all
documents exchanged between the parties pertaining to the meeting and
conferring and shall have the right to have an aide present during
all meetings; in the case of mediation of impasses, the student
representative shall have an opportunity at reasonable times to
comment to the mediator on impasse issues; and shall be free from
coercion or reprisals in the exercise of his or her rights as set
forth in this section.
   (c) The student representative shall respect and maintain the
rules governing confidentiality as they pertain to all parties
involved in the meeting and conferring.  Violations of this provision
shall result in the termination of student involvement for the
remainder of such meeting and conferring, and such other remedy, if
any, deemed appropriate by the board.
   (d) For purposes of this section, a student representative shall
be designated by the official student body association, if any, of
the higher education employer, or segment thereof, engaged in meeting
and conferring.  If no student body association exists, the students
may elect and designate a representative for the purposes of this
section.


3598.  No memorandum of understanding shall contravene any federal
or state law, including rules and regulations promulgated pursuant to
such laws, prohibiting discrimination in employment.



3599.  If any provision of this chapter or the application of such
provision to any person or circumstance shall be held invalid, the
remainder of this chapter, or the application of such provision to
persons or circumstances other than those as to which it is held
invalid, shall not be affected thereby.


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