[법률/규정][미국] 제목: HIGHER EDUCATION EMPLOYER-EMPLOYEE RELATIONS ACT (HEERA, 2015)
Public Employment Relations Board of California
CHAPTER 12. HIGHER EDUCATION EMPLOYER-EMPLOYEE RELATIONS
AS OF JANUARY 1, 2013
ARTICLE 1. GENERAL PROVISIONS
3560. Legislative findings and declarations
3561. Purposes; full exercise of functions of faculty in shared governance mechanisms or practices
3562. Definitions
3562.1. California state university; establishment of flexible benefit plans; legislative approval of expenditures
3562.2. Scope of representation defined
ARTICLE 2. ADMINISTRATION
3563. Public Employment Relations Board; rights, powers, duties and responsibilities
3563.1. Willful resistance, prevention, impedance or interference with member of board or its agent in performance of duties; misdemeanor; penalty
3563.2. Charge of unfair practice; initial determination; exclusive jurisdiction of board; procedures for investigation, hearing and decision
3563.3. Order to cease and desist and to take affirmative action; power of the board
3563.5. Appeal of administrative law judge decision regarding recognition or certification of employee organization; final order of board
ARTICLE 3. JUDICIAL REVIEW
3564. Unit determination: stay of order directing election; petition for writ of extraordinary relief; notice; jurisdiction; record; findings; enforcement of final decision or order
ARTICLE 4. RIGHTS, OBLIGATIONS, PROHIBITIONS, AND UNFAIR LABOR PRACTICES
3565. Right to form, join and participate in employee organizations; right to refuse
3566. Employee organizations and associations; registering, determining status; identifying official representatives
3567. Grievances; presentation individually or through representative; adjustment; resolution
3568. Rights of access and use by employee organization
3569. Released or reassigned time for representatives of exclusive representative
3569.5. California state universities; employee representatives; time off with compensation to attend meetings
3570. Meeting and conferring with employee organization by employer
3571. Unlawful employer practices
3571.1. Unlawful employee organization practices
3571.3. Expression or dissemination of opinions not constitute or be evidence of unfair labor practice; exceptions
3572. State university; meeting and conferring; written memoranda which require budgetary or curative action; approval
3572.1 Maritime academy; meeting and conferring; written memoranda which require budgetary or curative action; approval for increased expenditures; memoranda of understanding; suspension or modification of provisions; effect of memoranda
3572.3. University of California; meeting and conferring; written memorandum which require budgetary or curative action; approval
3572.5. Memorandum of understanding to control over provisions of law in conflict
ARTICLE 5. EMPLOYEE ORGANIZATIONS: REPRESENTATION, RECOGNITION, CERTIFICATION AND DECERTIFICATION
3573. Request for recognition as exclusive representative; filing; certification of majority support; notice; posting
3574. Grant of request; exceptions
3575. Petition to board to decide whether employees selected or wish to select exclusive representative or appropriateness of unit
3576. Petition for decertification of exclusive representative or reconsideration of appropriateness of unit
3577. Petition on representation; investigations and hearings; determination; election, dismissal of petition
3578. Duty of exclusive representative to represent all employees fairly and impartially
ARTICLE 6. UNIT DETERMINATIONS
3579. Factors in determination of appropriateness; presumptions; skilled craft employees; members of academic senate of University of California; exclusion of peace officers
ARTICLE 6.5 SUPERVISORS
3580. Inapplicability of other provisions of chapter
3580.3. Supervisory employee defined
3580.5. Nonparticipation in handling of grievances, meet and confer sessions and votes on memoranda of understanding involving nonsupervisory employees
3581.1. Right to form, join and participate in employee organizations; right to refuse
3581.2. Right of employee organization to represent members in employment relations and to make rules on membership
3581.3. Scope of representation
3581.4. Meeting and conferring by employer with representatives of employee organizations
3581.5. Time off without loss of compensation for representatives
3581.6. Prohibition of interference with, intimidation, restraint, coercion, or discrimination against employees by employers or employee organizations
3581.7. Rules and regulations for administration of supervisory employer-employee relations
ARTICLE 7. ORGANIZATIONAL SECURITY
3582. Inclusion in scope of representation
3583. Permissible forms; arrangement for decision of employee whether or not to join and deductions from compensation for dues
3583.5. Conditions of continued employment for California State University or University of California employees; payment of fair share fee
3584. Exception to payment of fair share fee; conscientious objectors
3585. Absence of arrangement; written authorization of employee; deductions and remissions to employee organization
3586. Trustees of California state university; continuation of payroll assignments
3587. Itemized record of financial transactions; maintenance, annual financial report; order of compliance
ARTICLE 8. RIGHTS-DISPUTES ARBITRATION
3589. Agreement to procedures in written memorandum of understanding; proceedings for court order to direct arbitration; award; enforcement
ARTICLE 9. IMPASSE PROCEDURES
3590. Declaration; mediation procedure
3591. Inability of mediator to effect settlement; factfinding panel; request for submission; selection; chairman
3592. Factfinding panel; hearings; investigations and inquiries; powers
3593. Finding of fact and advisory recommended terms of settlement; submission to parties and to public; payment of costs
3594. Mediator; continuation of efforts on basis of findings of fact and recommended terms of settlement
ARTICLE 10. PUBLIC NOTICE
3595. Initial proposals of exclusive representatives and employers; presentation; public record; meeting and conferring; commencement; regulations
ARTICLE 11. MISCELLANEOUS
3596. Open meeting laws; exemptions
3597. Student representatives; meeting and conferring on employees in student service or academic personnel
3598. Memorandum of understanding; compliance with laws prohibiting discrimination in employment
3599. Severability