Section 750.5 Of Chapter 3. Smelters And Underground Workings From California Labor Code >> Division 2. >> Part 2. >> Chapter 3.
750.5
. Notwithstanding Section 750, an employee may be employed for
a period that exceeds eight hours within a 24-hour period, under the
circumstances specified in subdivision (a), (b), or (c), as follows:
(a) If the employer and a labor organization representing
employees of the employer have entered into a valid collective
bargaining agreement that expressly provides for the wages, hours of
work, and working conditions of the employees.
(b) If a two-thirds majority of the affected employees of that
employer whose hours are regulated by this chapter have voted in an
election to adopt a policy that specifies periods of work that may
exceed eight hours in a 24-hour period, and the employer adopts that
policy, subject to all of the following conditions:
(1) The agreement adopted with respect to that policy reflects the
results of the election.
(2) The election is conducted, at the expense of the employer,
with the use of secret ballots, during regular working hours. Upon
the written request of an employee to his or her employer, or to the
Labor Commissioner, made no later than 10 days prior to the date set
for the election, the employer shall cause the election to be
conducted by a neutral third party with experience in conducting
employee elections. If such a written request is made to the
commissioner pursuant to this paragraph, the commissioner shall not
disclose the identity of the employee and shall notify the employer,
no later than five days prior to the date set for the election, that
the election is required to be conducted by a neutral third party.
Such an election may be conducted by utilizing mail ballots.
(3) All employees of that employer whose hours are regulated by
this chapter and who have become employed by that employer within 24
hours of the time the election is commenced are eligible to vote in
the election.
(4) The policy shall be effective for the period specified
therein, not exceeding 12 months.
(5) No later than 14 days prior to the date set for an election,
the employer shall do all of the following:
(A) Provide a written notice to the affected employees that
describes the effects the proposed work schedule would have on the
employees' wages, hours, and benefits, and the employees' rights
under this chapter, including the right to request that the election
be conducted by a neutral third party pursuant to this section, and
to file a complaint against the employer pursuant to this chapter.
(B) Provide a written statement to the affected employees,
prepared by a neutral source knowledgeable in health and safety
matters and unaffiliated with the employer, that explains any health
and safety considerations of extended work shifts.
(C) Hold informational meetings for the affected employees on each
shift during the regular working hours of the affected employees. At
each of these meetings, the employer shall explain the effect of the
proposed policy on the hours and compensation of the employees.
Written notice of the time, date, place, and purpose of these
informational meetings shall be conspicuously posted in at least
three locations throughout the mine site for at least seven
consecutive days before the date of the meetings. Written notice of
the time, date, place, and purpose of the election shall be posted in
the same manner and for the same period. Failure to comply with the
procedural requirements of this paragraph shall void the results of
the election for purposes of this section.
(6) Any employer that establishes a regular scheduled workday
pursuant to this subdivision shall make a reasonable attempt to place
an employee, who was eligible to participate in the election that
authorized an extended workday schedule and who is unable or
unwilling to work the extended schedule, in an alternative work
assignment that the employee is capable of performing. An employer
shall not be required to offer an alternative work assignment to an
employee if an alternative work assignment that the employee is
capable of performing is not available or if the employee commenced
his or her employment after the election.
(c) On the day a scheduled change of shift takes effect.