Labor Relations: The Meet and Confer Process

the deduction of union dues. 206 A public sector employer has no right to a copy of that signed authorization unless a “dispute arises about the existence or terms of the authorization.” 207

Neither can a public sector employer cease the deduction of dues based on the employee’s request. Instead, if an employee informs the employer that she wishes to rescind her union membership, the employer must refer the employee to the union. 208 Public agency employers may, however, rely on union certifications regarding the maintenance of employee authorizations and cancellations of union dues, and seek indemnification from unions against any employee claims for deductions made in reliance on that information. 209 Public agency employers and employee organizations are also not liable for any state claims related to deduction of agency fees if they were permitted at the time and paid prior to the Janus decision on June 27, 2018. 210 f. Discipline and Disciplinary Procedures Public employers are required to meet and confer with employee organizations regarding the adoption of rules and charter amendments governing grounds for disciplinary action and disciplinary procedures. 211 However, once the parties have met and conferred in good faith to impasse, the employer need not reach agreement and is free to implement its own decision after exhausting any applicable impasse resolution procedures. 212 g. Charter Amendments The California Constitution gives charter agencies wide latitude to place charter amendments on the ballot. However, this right is not absolute. Charter agencies must still meet and confer with employee organizations before placing a charter amendment on the ballot that affects matters within the scope of representation. 213 For example, a city was required to “meet and consult” with employee organizations before its City Council placed an initiative on the ballot that would repeal charter provisions requiring binding interest arbitration of impasses in negotiations. 214 Similarly, if a public agency places a public (or voter) sponsored initiative (as opposed to an agency-sponsored initiative) on its ballot, it must still meet and confer prior to any public officer’s official sponsorship of the initiative. 215 h. Other Subjects of Bargaining In addition to the major contractual items discussed above, the following checklist addresses other subjects within the scope of representation, along with a list of corresponding employer interests and concerns:

i. Hours of Work / Schedule

Hours of Work

 Working hours and working days are mandatory bargaining subjects. 216

 An employer should specify normal hours per week or other work period.

Labor Relations: The Meet and Confer Process ©2019 (s) Liebert Cassidy Whitmore 38