§ 1159. — 1159. (Added by Stats. 2018, Ch. 405, Sec. 1.)

California § 1159.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 4.
• Title 1.: DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES
• Ch. 1.: CHAPTER 1. General
• Art. 6.: ARTICLE 6. Salary and Wage Deductions

Text

(a)
The Controller, a public employer, an employee organization, or any of their employees or agents, shall not be liable for, and shall have a complete defense to, any claims or actions under the law of this state for requiring, deducting, receiving, or retaining agency or fair share fees from public employees, and current or former public employees shall not have standing to pursue these claims or actions, if the fees were permitted at the time under the laws of this state then in force and paid, through payroll deduction or otherwise, prior to June 27, 2018.
(b)
This section shall apply to claims and actions pending on its effective date, as well as to claims and actions filed on or after that date.
(c)
The enactment of this section shall not be interpreted to create the inference that any relief made unavailable by this section would otherwise be available.
(d)
For purposes of this section:
(1)
“Employee organization” means any organization that functioned as an exclusive collective bargaining representative for public employees under any statute, ordinance, regulation, or other state or local law, and any labor organization with which it was affiliated.
(2)
“Public employer” means any public employer, including, but not limited to, the state, the Regents of the University of California, the Trustees of the California State University, the California State University, the Judicial Council, a trial court, a city, a county, a city and county, a school
district, a community college district, a transit district, any public authority, public agency, or any other political subdivision or public corporation, or any other entity considered a public employer for purposes of the labor relations statutes of California.
(e)
The Legislature finds and declares:
(1)
Application of this section to pending claims and actions clarifies existing state law rather than changes it. Public employees who paid agency or fair share fees as a condition of public employment in accordance with state law and Supreme Court precedent prior to June 27, 2018, had no legitimate expectation of receiving that money under any available cause of action. Public employers and employee organizations who relied on, and abided by, state law and Supreme Court precedent in deducting and accepting those fees were not liable to refund them. Agency or fair share fees paid
for collective bargaining representation that employee organizations were obligated by state law to provide to public employees. Application of this section to pending claims will preserve, rather than interfere with, important reliance interests.
(2)
This section is necessary to provide certainty to public employers and employee organizations that relied on state law, and to avoid disruption of public employee labor relations, after the Supreme Court’s decision in Janus v. American Federation of State, County, and Mun. Employees, Council 31 (2018) 138 S.Ct. 2448.

Legislative History

Added by Stats. 2018, Ch. 405, Sec. 1. (SB 846) Effective September 14, 2018.