3513
. As used in this chapter:
(a) "Employee organization" means any organization that includes
employees of the state and that has as one of its primary purposes
representing these employees in their relations with the state.
(b) "Recognized employee organization" means an employee
organization that has been recognized by the state as the exclusive
representative of the employees in an appropriate unit.
(c) "State employee" means any civil service employee of the
state, and the teaching staff of schools under the jurisdiction of
the State Department of Education or the Superintendent of Public
Instruction, except managerial employees, confidential employees,
supervisory employees, employees of the Department of Human
Resources, professional employees of the Department of Finance
engaged in technical or analytical state budget preparation other
than the auditing staff, professional employees in the
Personnel/Payroll Services Division of the Controller's office
engaged in technical or analytical duties in support of the state's
personnel and payroll systems other than the training staff,
employees of the Legislative Counsel Bureau, employees of the Bureau
of State Audits, employees of the office of the Inspector General,
employees of the board, conciliators employed by the California State
Mediation and Conciliation Service, employees of the Office of the
State Chief Information Officer except as otherwise provided in
Section 11546.5, and intermittent athletic inspectors who are
employees of the State Athletic Commission.
(d) "Mediation" means effort by an impartial third party to assist
in reconciling a dispute regarding wages, hours, and other terms and
conditions of employment between representatives of the public
agency and the recognized employee organization or recognized
employee organizations through interpretation, suggestion, and
advice.
(e) "Managerial employee" means any employee having significant
responsibilities for formulating or administering agency or
departmental policies and programs or administering an agency or
department.
(f) "Confidential employee" means any employee who is required to
develop or present management positions with respect to
employer-employee relations or whose duties normally require access
to confidential information contributing significantly to the
development of management positions.
(g) "Supervisory employee" means any individual, regardless of the
job description or title, having authority, in the interest of the
employer, to hire, transfer, suspend, lay off, recall, promote,
discharge, assign, reward, or discipline other employees, or
responsibility to direct them, or to adjust their grievances, or
effectively to recommend this action, if, in connection with the
foregoing, the exercise of this authority is not of a merely routine
or clerical nature, but requires the use of independent judgment.
Employees whose duties are substantially similar to those of their
subordinates shall not be considered to be supervisory employees.
(h) "Board" means the Public Employment Relations Board. The
Educational Employment Relations Board shall be renamed the Public
Employment Relations Board as provided in Section 3540. The powers
and duties of the board described in Section 3541.3 shall also apply,
as appropriate, to this chapter.
(i) "Maintenance of membership" means that all employees who
voluntarily are, or who voluntarily become, members of a recognized
employee organization shall remain members of that employee
organization in good standing for a period as agreed to by the
parties pursuant to a memorandum of understanding, commencing with
the effective date of the memorandum of understanding. A maintenance
of membership provision shall not apply to any employee who within 30
days prior to the expiration of the memorandum of understanding
withdraws from the employee organization by sending a signed
withdrawal letter to the employee organization and a copy to the
Controller's office.
(j) "State employer," or "employer," for the purposes of
bargaining or meeting and conferring in good faith, means the
Governor or his or her designated representatives.
(k) "Fair share fee" means the fee deducted by the state employer
from the salary or wages of a state employee in an appropriate unit
who does not become a member of and financially support the
recognized employee organization. The fair share fee shall be used to
defray the costs incurred by the recognized employee organization in
fulfilling its duty to represent the employees in their employment
relations with the state, and shall not exceed the standard
initiation fee, membership dues, and general assessments of the
recognized employee organization.