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Table of Contents
ARTICLE 18
REPRESENTATION
18.1 Representatives
The State recognizes and agrees to deal with PECG-designated representatives on
matters related to employer-employee relations.
PECG shall provide the State with a written list of PECG employee
representatives at each work location and shall notify the State promptly of any
changes of such representatives. PECG representatives shall not be recognized by
the State until the list or changes have been received by DPA and the department
head or designee.
Upon prior notification to and approval of the appropriate time by the
representatives’ supervisors, PECG representatives will be allowed a reasonable
amount of time off without loss of compensation for the purposes of representing
employees. Unless otherwise authorized by the department head or designee, the
representative will limit representational activities to his/her general
geographical area.
18.2 Employees
With prior notification to and approval of the appropriate time by the
supervisor, bargaining unit employees will be granted reasonable time off
without loss of compensation (a) to prepare and present their own grievances,
SPB and BOC claims and appeals, (b) to respond to disciplinary actions taken
against them, (c) with five working days’ notice (when feasible) to attend
hearings conducted by the State Personnel Board and Board of Control provided
the employee is either a party to the proceedings or specifically affected by
the results of the hearing and has been scheduled to appear or testify, (d) to
participate in State civil service examinations that have been scheduled during
the employees’ normal working hours, and (e) to participate in hiring interviews
when certified from an employment list. Except for time off without loss of
compensation, the State will not be responsible for other expenses associated
with any of the activities listed in this Section.
18.3 Information
Each quarter, the State shall furnish PECG, at cost, with a magnetic tape and
printout of all bargaining unit employees containing their full names, home
addresses (if permitted by PERB regulation and as otherwise consistent with
Section 14 (Home addresses)), employee organization-sponsored deduction codes,
agencies, reporting units, and class and schematic codes. The list will be
arranged in alphabetical order by last name.
Each month, the State shall furnish PECG, at cost, with a magnetic tape and
printout (alphabetical by last name) of all employees from whose salaries
deductions were made for PECG dues.
Each month, the State shall furnish PECG, at cost, with a magnetic tape and
printout of names and work locations of employees new to the bargaining unit and
all employees who left the bargaining unit during the previous month.
PECG may obtain, at cost, any other printouts or information legally available
from the State Controller.
The magnetic tapes referred to in the above paragraph shall be loaned to PECG
and returned to the State Controller.
18.4 Access
PECG representatives shall be allowed access to bargaining unit employees at the
work site during working hours for representational purposes. The department
head or designee may require notification by the PECG representatives prior to
permitting access.
Subject to availability of a facility and notification of the department head or
designee, PECG representatives shall have access to State facilities during
non-working hours to meet with employees regarding PECG activities and business
provided PECG shall reimburse the State if the State incurs significant
additional costs as a result of this use.
Access to bargaining unit employees or use of State facilities shall not be
unreasonably withheld; however, it may be restricted for reasons of safety,
security, employee requested privacy, emergency, or the accomplishment of the
State’s mission.
18.5 Bulletin Boards
PECG shall be provided adequate space to post material on State-furnished
bulletin boards which are located at easily accessible locations at each work
site of employees in the bargaining unit.
Any materials posted must be dated and initialed by the PECG representative
responsible for the posting and a copy of all materials posted must be given to
the department head or designee. PECG shall not post any material of an illegal,
obscene, libelous, defamatory or a solely partisan
political nature on PECG bulletin board space.
Each party accepts responsibility and liability for its actions which may bring
about claims or suits as a result of the use of State-furnished bulletin boards.
18.6 Distribution of Literature
PECG representatives may distribute PECG literature at the worksite during
non-working hours (before or after their working hours or during the meal or
coffee breaks). PECG shall not distribute literature of an illegal, libelous,
obscene, defamatory or of a solely partisan political
nature.
Each party agrees to accept responsibility and liability for its actions which
may bring about claims or suits as a result of the distribution of PECG
literature at State work sites.
18.7 Employee Orientation
Each employee new to the bargaining unit and a PECG employee representative
shall be given the opportunity to meet, consistent with Subsection 18.4, Access,
for 15 minutes during normal working hours for orientation of the employee to
the MOU and PECG.
18.8 State Phones
PECG representatives shall be permitted reasonable access to State telephones to
make calls for PECG representation purposes; provided, however, that such access
to State telephones shall not result in any additional costs to the State, nor
shall it interfere with the conduct of State business.
18.9 Organizational Security
The State agrees to deduct and transmit to PECG all membership dues authorized
on a form provided by PECG. The State agrees to deduct and transmit to PECG fees
from State employees in Unit 9 who do not become members of PECG. The State and
PECG agree that a system of authorized dues deductions and a system of fee payer
deductions shall be operated in accordance with Government Code sections
3513(h), 3513(j), 3515, 3515.6, 3515.7, and 3515.8, subject to the following
provisions:
a. The amount of dues and fees deducted
from PECG members’ and fee payers’ pay warrants shall be set by PECG and changed
by the State upon written request of PECG.
b.
The State and PECG agree that if a fee payer rescission election is held in Unit
9 pursuant to Government Code Section 3515.7(d), a majority of those votes cast,
rather than a majority of the members of the Unit, shall determine whether the
fee payer deductions shall continue.
c.
Any employee may withdraw from PECG fee by sending a signed withdrawal letter to
PECG at any time. A withdrawal under this paragraph does not then relieve an
employee from the fee payer provisions of this Agreement. An
employee who so withdraws his or her membership shall be subject to paying a fee
if such a fee is applicable to Unit 9.
d.
PECG agrees to indemnify, defend and hold the State and its agents harmless
against any claims made of any nature and against any suit instituted against
the State rising from this Article and the deductions arising therefrom.
e.
PECG agrees to attempt to annually notify all State employees in Unit 9 who pay
fair share fees of their right to demand and receive from PECG a return of part
of that fee pursuant to Government Code Section 3518.8.
f. No provisions of this section nor any disputes
arising thereunder shall be subject to the grievance and arbitration procedure
contained in this Agreement.
18.10 No Reprisal
The State shall not impose or threaten to impose reprisals; discriminate or
threaten to discriminate against an employee; or take any other action against
an employee because of his/her exercise of any rights provided by the Dills Act
or this MOU.
18.11 Information to Employees
Annually, the State will provide all bargaining unit employees with information
relating to their vacation, sick leave, CTO balances, and their retirement
contributions and interest. The State agrees to determine if the Controller can
produce statements on other benefits; however, the actual production and
distribution of such reports is dependent on the developmental cost and the
Controller’s priorities.
18.12 Payroll Deduction
1. It is the intent of this Section to provide for payroll
deductions, except for deductions defined in Section 18.9, Organizational
Security, of PECG members to be deducted from their warrants insofar as
permitted by law. The State agrees to deduct and transmit to PECG all authorized
deductions from all PECG members who have signed an approved authorization card
for such deductions on a form provided by PECG, less necessary administrative
costs incurred by the State Controller.
2.
PECG agrees to indemnify, defend and hold the State harmless against any claims
made of any nature and against any suit instituted against the State arising
from its check off for PECG deductions.
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