(a)
(1)
(A)For purposes of this section, “temporary employee” means a temporary employee, casual employee, seasonal employee, periodic employee, extra-help employee, relief employee, limited-term employee, per diem employee, and any other public employee who has not been hired for a permanent position.
(B)“Temporary employee” shall not include an employee employed by a temporary services employer as defined in Section 201.3 of the Labor Code.
(2)Nothing in this section is intended to prevent the board, or an employee relations commission referred to in
Section 3509, from determining that a public employer is or is not the single or joint employer for collective bargaining purposes of employees of a temporary services employer or from including or excluding such employees from barg
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(a)
(1)
(A)
For purposes of this section, “temporary employee” means a temporary employee, casual employee, seasonal employee, periodic employee, extra-help employee, relief employee, limited-term employee, per diem employee, and any other public employee who has not been hired for a permanent position.
(B)
“Temporary employee” shall not include an employee employed by a temporary services employer as defined in Section 201.3 of the Labor Code.
(2)
Nothing in this section is intended to prevent the board, or an employee relations commission referred to in
Section 3509, from determining that a public employer is or is not the single or joint employer for collective bargaining purposes of employees of a temporary services employer or from including or excluding such employees from bargaining units based on the standards that were in effect prior to the adoption of this section, nor shall any provision of this section serve as the legal or other basis or support for any such determination.
(b)
Notwithstanding any other law, the following requirements apply with respect to temporary employees of a public employer who have been hired to perform the same or similar type of work that is performed by permanent employees represented by a recognized employee organization:
(1)
Upon the request of the recognized employee organization to
the public employer, the following apply:
(A)
Temporary employees shall be automatically included in the same bargaining unit as the permanent employees if the requested classification of temporary employees is not presently within the unit. This subparagraph does not require the same terms and conditions of employment for permanent and temporary employees.
(B)
The public employer shall promptly participate in collective bargaining to establish wages, hours, and terms and conditions of employment for the newly added temporary employees if the parties’ current memorandum of understanding does not address them. The parties shall include the bargained for terms and conditions of employment for temporary workers as an addendum to the existing memorandum of understanding. Thereafter, the terms and conditions of employment of permanent and temporary employees in the same bargaining unit shall be addressed in a single memorandum of understanding if requested by the recognized employee organization. This subparagraph does not require the same terms and conditions of employment for permanent and temporary employees.
(2)
The public employer shall provide, upon hire, each temporary employee with their job description, wage rates, and eligibility for benefits, anticipated length of employment, and procedures to apply for open, permanent positions. The same
information shall be provided to the recognized employee organization, within five business days of hiring the temporary employee.
(3)
The public employer shall include, when providing the employee organization with the employee information required by Section 3558, the anticipated end date of employment for each temporary employee or actual end date if the temporary employee has been released from service since the last list was provided.
(4)
(A)
Whether a temporary employee who subsequently obtains permanent employment receives seniority or other credit or benefit for their
time spent in temporary employment shall be a matter within the scope of representation in bargaining units that include permanent employees.
(B)
Whether a temporary employee receives a hiring preference over external candidates for permanent positions shall be a matter within the scope of representation in bargaining units that include temporary employees.
(C)
This paragraph shall apply to the extent that the memorandum of understanding may lawfully address these subjects. This paragraph shall be effective only with respect to
a memorandum of understanding entered into after the effective date of this section.
(c)
Complaints alleging violations of this section shall be processed as
unfair practice charges pursuant to Section 3509.
(d)
Nothing in this section supersedes or provides any exemption to the restrictions or requirements related to individuals working after retirement from a public retirement system.
(e)
The Legislature finds and declares that the duties and responsibilities of local agency employer representatives under this section are substantially similar to the duties and responsibilities required under existing collective bargaining enforcement procedures and therefore, the costs incurred by the local agency employer representatives in performing those duties and responsibilities under this section are not reimbursable as state-mandated costs.
(f)
This section shall not apply to
temporary employees hired pursuant to a written agreement between a public employer and a labor organization that primarily represents employees in the building and construction trades.