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 about labor relations responsibities in this area, please contact CalHR Labor Relations at LR.info@calhr.ca.gov .
When determining if a State employee may engage in political activities in the workplace, management must consider specific facts on a case-by-case basis; among other fact-specific considerations, whether the employee has 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, or whether the employee solicits or collects money.
In every instance, the appropriate Memorandum of Understanding (MOU) should be reviewed for guidance.
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 e-mail systems, for political fundraising. In addition, state
employees cannot use their title or position with the State to engage in
political fundraising activities.
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?
Consistent
with Department policies, including policies for grooming and uniforms, State employees
may wear campaign buttons or political message T-shirts. An exception may exist
for employees who have direct contact with the public or clientele they manage
or serve (for example: incarcerated persons; patients in a hospital setting;
veterans in State housing).
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 while parked in State parking lots.
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, not on work time. Should questions arise
about a particular political rally or activity at a worksite, gather the facts
and 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, without loss of pay, at the beginning or end of
the work shift to vote if they do not have sufficient time outside of working
hours to vote. 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
In general, many of the MOUs allow the Unions to post materials or to distribute Union 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. Note that distribution of union literature that
supports or opposes a ballot initiative is not partisan political activity. If you
have questions about whether union literature is of a partisan political nature,
contact CalHR Labor Relations.
Are there any limitations on what the Union can post on its bulletin boards?
Posted materials cannot be obscene, defamatory,
libelous, or of a partisan political nature. Consult the applicable MOU in each
case.
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 on State premises if other
groups may do so under Department policy, but such activity may not prevent
people from entering or exiting state property, nor shall the rally activity disturb
the peace, damage property, nor interfere with business operations or service
to the public.
Can the Union use State facilities for non-partisan political purposes?
Most of the MOUs provide that the Union may use designated
State conference rooms for Union meetings. However, these meetings cannot be
held for partisan political purposes. If 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
