The following frequently asked questions and answers are intended only for training Labor Relations Officers about political activities by State employees. If you have questions, please contact CalHR Labor Relations at (916) 324-0476.
When determining if a State employee may engage in political activities in the workplace, management must consider on a case-by-case basis factors such as whether the employee has any direct contact with the public, whether the employee’s political activity gives the appearance that the Department has taken a position on a political issue, and whether the employee solicits or collects money.
Frequently Asked Questions
May State employees engage in political fundraising activities during work hours?
No. State employees may not engage in political fundraising activities at the workplace at any time; however, they may do so on their own time away from State property. State employees may not use State equipment or resources, including State email systems, for political fundraising. In addition, State employees cannot use their title or position with the State to engage in political fundraising activities at any time.
May State employees work on a political campaign in the workplace during work hours?
No. State employees may not work on political campaigns during work hours or in work areas; they may not use State equipment or resources for that purpose. Also, an employee’s participation in political activity cannot conflict with the Department’s Incompatible Activities Policy.
Government Code section 19990 provides that "a state officer or employee shall not engage in any employment, activity or enterprise which is clearly inconsistent, incompatible, in conflict with, or inimical to his or her duties as a state officer of employee." Activities and enterprises deemed to fall in this category include using State time, facilities, equipment or supplies for private gain or advantage. See California Government Code section 19990 subdivision (b).
May State employees wear campaign buttons or political message T-shirts at the workplace during work hours?
Yes. State employees may wear campaign buttons or political message T-Shirts, provided that employees do not have direct contact with the public or clientele they manage or serve (for example, inmates in a prison setting or patients in a hospital setting).
May State employees display political message bumper stickers on their personal vehicles and park in State parking lots?
Yes. State employees may display political messages such as bumper stickers on their personal vehicles.
May State employees attend political rallies at the workplace during work hours?
No. State employees have the right to attend political rallies on their own time but not on work time. Should questions arise about a particular political rally at a worksite, contact CalHR Labor Relations.
Do State employees have the right to vote during work hours on Election Day?
Yes. For statewide elections, Elections Code section 14000 permits employees to request up to two hours off to vote, without loss of pay, at the beginning or end of the work shift, if they do not have sufficient time to vote outside of working hours. If the employee, on the third working day before Election Day, knows or has reason to believe that time off will be necessary to be able to vote on Election Day, the employee must give the employer at least two working days' notice that the employee desires time off for voting.
Rights of Unions
Although none of the Memoranda of Understanding (MOUs) with employee Unions extend to the Unions any right to conduct political activities in the work place, many of the MOUs permit the Unions to distribute literature in the workplace, provided that such materials are not obscene, defamatory, libelous, or of a partisan political nature.
What is “partisan political”?
The term “partisan political” appears in most of the MOUs. Partisan political means taking a position in support of or opposition to a party or candidate. Partisan political activity is prohibited in the State workplace. Distribution of Union literature that supports or opposes a ballot initiative is not partisan political activity. Should you have questions about whether Union literature is of a partisan political nature, contact CalHR Labor Relations.
What are examples of Union political expression?
Some examples: posters, fliers, newsletters, email, web feeds, and “tweets.” In addition, Union messages may be found on T-shirts, baseball caps, buttons, pins, mouse pads, coffee cups, stickers, and pennants.
Are there any limitations on what the Union can post on its bulletin boards?
Yes. Posted materials cannot be obscene, defamatory, libelous, or of a partisan political nature.
Does a Union have the right to display messages in the workplace supporting or opposing a particular candidate or political party?
No. Advocating a position either for or against a candidate or political party is a partisan political activity.
Can a Union hold a rally at the worksite?
Unions may hold rallies at the worksite where other groups may do so, but they may not prevent people from entering or exiting State property, they may not disturb the peace or damage property, and they may not interfere with business operations or service to the public.
Can the Union use State facilities for non-partisan political purposes?
Yes. Most of the MOUs provide that the Union may use certain State conference rooms for Union meetings. However, these meetings cannot be held for partisan political purposes. Should you have questions or concerns about whether a Union meeting or other activity is of a partisan political nature, contact CalHR Labor Relations.
Can the Union register employees to vote on State property?
Yes. In registering voters, however, the Union cannot advocate for or against a candidate or party.
Contact
If you have questions, please contact CalHR Labor Relations at (916) 324-0476.
