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.