§ 92625.1. — 92625.1. (Added by Stats. 2002, Ch. 1040, Sec. 1.)

California § 92625.1.

• Jurisdiction: California
• Code EDC: Education Code - EDC
• Div.: 9.
• Title 3.: DIVISION 9. UNIVERSITY OF CALIFORNIA
• Part 57.: PART 57. UNIVERSITY OF CALIFORNIA
• Ch. 6.: CHAPTER 6. Miscellaneous Provisions
• Art. 3.5.: ARTICLE 3.5. Cardcheck Agreements

Text

As used in this article:
(a)
“Cardcheck agreement” means a written agreement between an employer and a labor organization providing a procedure for determining employee preference on the subject of whether to be represented by a labor organization for collective bargaining, and if so, by which labor organization to be represented, that provides, at a minimum, the following:
(1)
The determination of employee preference regarding union representation shall be by a cardcheck procedure conducted by a neutral third party in lieu of a formal election.
(2)
All disputes over interpretation or application of the parties’ cardcheck agreement, and over issues regarding how to carry out the cardcheck process or specific cardcheck procedures shall be submitted to binding arbitration.
(3)
The forbearance by any labor organization from economic action against the employer at the worksite of an organizing drive covered by this section, and in relation to an organizing campaign only (not to the terms of a collective bargaining agreement), so long as the employer complies with the terms of the cardcheck agreement.
(4)
Language and procedures prohibiting the labor organization or the employer from coercing or intimidating employees, explicitly or implicitly, in selecting or not selecting a bargaining representative.
(b)
“Collective bargaining agreement” means an agreement between an employer and a labor organization regarding wages, hours, and other terms and conditions of employment of the employer’s employees. For purposes of this article, a collective bargaining agreement does not include a cardcheck agreement as defined in subdivision (a).
(c)
“Facility” means any campus, school, cafeteria, store, hospital, clinic, institute, laboratory, or office owned or operated by the university, or at which the normal educational or administrative functions of the university are conducted.
(d)
“Labor organization” means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions or work.
(e)
“Proprietary interest” means any nonregulatory arrangement or circumstances in which the financial or other nonregulatory interests of the university in a service contract could be adversely affected by labor-management conflict or consumer boycotts potentially resulting from a union organizing campaign.
(f)
“Service contract” means a lease, management agreement, service agreement, loan bond, guarantee, or other similar agreement to which the university is a party and in which the university has a proprietary interest.
(g)
“Service contractor” means an individual, corporation, unincorporated association, partnership, or other entity, other than a collection agency retained by the university to enforce a financial obligation owed to the university, that, pursuant to a service contract, provides goods or services to the university.
(h)
“University” means the University of California and its governing body, the Regents of the University of California.

Legislative History

Added by Stats. 2002, Ch. 1040, Sec. 1. Effective January 1, 2003.