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California Government Code Section 71632

Legal Research Home > California Laws > Government Code > California Government Code Section 71632

71632.  (a) Notwithstanding any other provision of law, rule, or
regulation, an agency shop agreement may be negotiated between a
trial court and a recognized employee organization which has been
recognized as the exclusive or majority bargaining agent pursuant to
reasonable rules and regulations, and enactments, in accordance with
this article. As used in this article, "agency shop" means an
arrangement that requires an employee, as a condition of continued
employment, either to join the recognized employee organization, or
to pay the organization a service fee in an amount not to exceed the
standard initiation fee, periodic dues, and general assessments of
that organization for the duration of the agreement or a period of
three years from the effective date of the agreement, whichever comes
first. However, any employee who is a member of a bona fide
religion, body, or sect which has historically held conscientious
objections to joining or financially supporting recognized employee
organizations shall not be required to join or financially support
any recognized employee organization as a condition of employment.
Such an employee may be required, in lieu of periodic dues,
initiation fees, or agency shop fees to pay sums equal to those dues,
initiation fees, or agency shop fees to a nonreligious, nonlabor
charitable organization fund exempt from taxation under Section 501
(c)(3) of the Internal Revenue Code, chosen by the employee from a
list of at least three such funds designated in a memorandum of
understanding or agreement between the trial court and the recognized
employee organization, or if the memorandum of understanding or
agreement fails to designate such funds, then to any such fund chosen
by the employee. Proof of those payments shall be made on a monthly
basis to the trial court as a condition of continued exemption from
the requirement of financial support to the recognized employee
organization.
   (b) An agency shop provision in a memorandum of understanding or
agreement which is in effect may be rescinded by a majority vote of
all the employees in the unit covered by the memorandum of
understanding or agreement, provided that: (1) a request for such a
vote is supported by a petition containing the signatures of at least
30 percent of the employees in the unit; (2) the vote is by secret
ballot; and (3) the vote may be taken at anytime during the term of
such memorandum of understanding or agreement, but in no event shall
there be more than one vote taken during that term. However, the
trial court and the recognized employee organization may negotiate,
and by mutual agreement provide for, an alternative procedure or
procedures regarding a vote on any agency shop agreement.
   (c) An agency shop agreement shall not apply to management,
confidential, or supervisory employees.
   (d) Every recognized employee organization which has agreed to an
agency shop provision shall keep an adequate itemized record of its
financial transactions and shall make available annually, to the
trial court with which the agency shop provision was negotiated, and
to the employees who are members of the organization, within 60 days
after the end of its fiscal year, a detailed written financial report
thereof in the form of a balance sheet and an operating statement,
certified as to accuracy by its president and treasurer or
corresponding principal officer, or by a certified public accountant.
An employee organization required to file financial reports under
the federal Labor-Management Disclosure Act of 1959 covering
employees governed by this chapter or required to file financial
reports under Section 3546.5, may satisfy the financial reporting
requirement of this section by providing the trial court with a copy
of those financial reports.
   (e) If the trial court is party to any memorandum of understanding
or agreement with any bargaining unit that includes court employees
that provides for an agency shop provision as of the implementation
date of this chapter, the trial court and employee organization
representing the trial court employees shall be obligated to honor
the terms of the agency shop provision, including indemnification
provisions, if any, for the duration of the memorandum of
understanding or agreement. A new agency shop election shall not be
caused upon implementation of this chapter.
   (f) This section shall remain in effect until such time as Section
3502.5 is amended to provide that a 30-percent or greater showing of
interest by means of a petition requires an election regarding an
agency shop, and a vote at that election of 50 percent plus one of
those voting secures an agency shop arrangement, and as of that date
this section is repealed.

Last modified: February 22, 2013