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What is a notice?What is a notice?<p>​“Noticing the Union” is a formalized process when the union is informed of a change that would affect the working conditions of a significant number of employees (defined quite liberally by PERB), where the subject matter is within the scope of the Dills Act, and/or where the union would be entitled to negotiate with the State. It provides the union an opportunity to identify impact to their membership and negotiate over that impact.</p>
What is the process of notifying unions od changes?What is the process of notifying unions od changes?<p>​Under the Dills Act, the parties have an obligation to bargain over some, though not all, subjects. The Dills Act provides that the parties must bargain over “wages, hours and other terms and conditions of employment.” (Gov. Code § 3517.) The California Public Employment Relations Board (PERB) tests matters within the scope of bargaining by asking whether the matters “involve the employment relationship and are of such concern to both management and employees that conflict is likely to occur, and if the mediatory influence of the collective negotiations is an appropriate means of resolving the conflict.” (California Dept. of Transportation (1983) PERB Decision No. 361-S [7 PERC ¶ 14295, p. 1184]</p><p>When a department has become aware of a management initiated change that requires meeting and conferring with an exclusive employee organization, they must:</p><ul><li>Prepare a draft notice(s) for CalHR review and reach consensus regarding content and format</li><li>Be prepared to Discuss/Provide:</li><ul><li>The who, what, when, where, how and why</li><li>Copy of existing Policy and what changes you want to make</li><li>Specifics on what your department is planning to do</li></ul><li>Issue the written notice to the designated unions and excluded employee organizations being affected with related documents; and</li><li>Contact the CalHR Labor Relations Officer(s) for the unit(s) if any union/organization asks to meet and confer.</li></ul><p>CalHR has sole authority to meet and confer with Unions. Departmental Labor Relations staff must receive delegation from CalHR prior to meeting and conferring with exclusive employee organizations over the impact of a management initiated changes. The State will not honor nor recognize any such agreements as binding on the State of California without such written delegation, or unless such agreements are signed by a CalHR Labor Relations Officer (LRO).</p>

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