RIGHTS OF RECOGNIZED EMPLOYEE ORGANIZATIONS
Most public employees have a right to be represented by an employee organization. Exclusive recognition must be accomplished in accordance with the rules and regulations adopted by the employer, providing they comply with State law.
Government Code Section 3508 allows an employer to determine whether peace officers should be confined to membership in an employee organization consisting solely of peace officers. Conversely, peace officers are also entitled to compel their employer to include them in a unit comprised exclusively of sworn peace officers.
The majority of the discussion in this area is derived from the Meyers-Milias-Brown Act (MMBA). The MMBA gives many rights to associations that must be formally recognized by the public employer. Foremost among those rights is the power to compel the agency to meet-and-confer in good faith over requested changes in wages, hours, and other terms and conditions of employment. This requirement found at Government Code Section 3505, does not compel either party to agree to a particular proposal or to make concessions. A serious attempt must be made by both sides to resolve differences or to come to an agreement. While the MMBA applies to only city and county unions, the Educational Employee Relations Act (EERA) applicable to school district employees and the Dills Act, applicable to state employees, have similar provisions.
Rights of Employee Organizations:
1. To compel the employer to negotiate over requested improvements
2. The right to compel the employer to negotiate before it makes changes affecting the represented employees.
3. The right to invoke impasse procedures.
4. The right to convert a negotiated agreement into a binding contract.
5. Right to compel the public agency to allow a reasonable number of its representatives reasonable time off without loss of compensation when formally meeting and conferring.
6. The right to force the public agency to consult in good faith prior to adopting or altering reasonable rules and regulations for the administration of employer-employee relations.