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. (a) Except as provided in subdivision (b), the effective
date of this section shall be January 1, 2004.
(b) Representatives of a trial court and representatives of
recognized employee organizations may mutually agree to an
implementation date of this section later than January 1, 2004.
However, if any provisions of this chapter are governed by an
existing memorandum of understanding or agreement covering trial
court employees, as to those provisions the implementation date shall
be either the date a successor memorandum of understanding or
agreement is effective or, if no agreement for a successor memorandum
of understanding or agreement is reached, 90 days from the date of
the expiration of the predecessor memorandum of understanding or
agreement, unless representatives of the trial court and
representatives of recognized employee organizations mutually agree
otherwise.
(c) As of the implementation date of this chapter, all of the
following shall apply:
(1) All persons who meet the definition of trial court employee
shall become trial court employees at their existing or equivalent
classifications.
(2) Employment seniority of a trial court employee, as calculated
and used under the system in effect prior to the implementation of
this act, shall be calculated and used in the same manner by the
trial court.
(3) A trial court employee shall have the same status he or she
had as a probationary, permanent, or regular employee under the
system in effect prior to January 1, 2004. A probationary employee
shall not be required to serve a new probationary period and shall
continue the existing probationary period under the terms of hire.
(4) Subject to the agreement of the county, and unless prohibited
or limited by charter provisions, the policies regarding transfer
between the trial court and the county that are in place as of
January 1, 2004, shall be continued while an existing memorandum of
understanding or agreement remains in effect or for two years,
whichever is longer, and any further rights of trial court employees
to transfer between the trial court and the county shall be subject
to the obligation to meet and confer in good faith at the local level
between representatives of the trial court and representatives of
recognized employee organizations and local negotiation between the
trial court and the county. Subject to the agreement of the county,
and unless prohibited or limited by charter provisions, the policies
regarding the portability of seniority, accrued leave credits, and
leave accrual rates that are in effect January 1, 2004, shall be
continued if trial court or county employees transfer between the
trial court and the county or the county and the trial court while an
existing memorandum of understanding or agreement remains in effect,
or for a period of two years, whichever is longer. Any further right
of trial court employees to portability is subject to the obligation
to meet and confer in good faith between representatives of the
trial court and representatives of recognized employee organizations
and local negotiation between the trial court and the county.
(5) Each trial court shall be deemed the successor employer of all
trial court employees in the county in which the trial court is
located.
(d) In establishing local personnel structures for trial court
employees in accordance with this chapter, the trial court shall
comply with contractual obligations, and consideration shall be given
to minimizing disruption of the trial court workforce and protecting
the rights accrued by trial court employees under their current
systems. However, prior contractual obligations and rights may be
reconsidered subject to the obligation to meet and confer in good
faith, provided both parties give consideration to past contractual
obligations and rights.
(e) Unrepresented trial court employees are governed by a trial
court's personnel policies, procedures, and plans. The implementation
of this section may not be a cause for changing a trial court's
personnel policies, procedures, and plans applicable to unrepresented
trial court employees except where required to bring those policies,
procedures, and plans into conformity with this chapter. Except as
otherwise expressly provided in this section, a trial court retains
all existing rights with respect to revising its personnel policies,
procedures, and plans as applied to unrepresented trial court
employees.
(f) Upon implementation of this section in a trial court, Sections
68650 to 68655, inclusive, and Rules 10.650 to 10.659, inclusive, of
the California Rules of Court, shall be inoperative as to that trial
court.
(g) Notwithstanding paragraph (4) of subdivision (c), both of the
following shall apply:
(1) Unless prohibited or limited by charter provisions, the
policies regarding transfer between either the trial court and the
county or the county and the trial court that were in effect as of
January 1, 2001, shall be continued while an existing memorandum of
understanding or agreement remains in effect or until January 1,
2005, whichever period is longer. Thereafter, any rights of trial
court employees to transfer between the trial court and the county
shall be subject to the obligation to meet and confer in good faith
at the local level between representatives of the trial court and
representatives of recognized employee organizations, and local
negotiation between the trial court and the county.
(2) Unless prohibited or limited by charter provisions, the
policies regarding the portability of seniority, accrued leave
credits, and leave accrual rates that were in effect on January 1,
2001, shall be continued if trial court or county employees transfer
between either the trial court and the county or the county and the
trial court while an existing memorandum of understanding or
agreement remains in effect, or until January 1, 2005, whichever
period is longer. Thereafter, any right of trial court employees to
portability is subject to the obligation to meet and confer in good
faith between representatives of the trial court and representatives
of recognized employee organizations and local negotiation between
the trial court and the county.