Page 18 - 2018 Janus Toolkit

makes it unlawful for a public employer to “deter or discourage public employees from
becoming or remaining members of an employee organization.” SB 866—signed by the
Governor on June 27, 2018—was immediately effective and contains several provisions, one of
which will impact certain District communications. This bill provides that any mass
communication made by a public employer concerning public employees’ rights to join or
support a union, or to refrain from doing so, is subject to the meet and confer process with the
union(s). In the event the parties are unable to reach agreement on the content of the
communication, the District is able to distribute the communication, but also must
simultaneously distribute the union’s own mass communication. “Mass communication,” is
defined as “a written document, or script for an oral or recorded presentation or message, that
is intended for delivery to multiple public employees.” At least one employee organization
appears to interpret mass communication as a communication to more than one employee.
There are several other active bills that, if passed, would further expand union rights in
California.

Given the above, it is critically important that Board Members, as representatives of the District,
are aware of these limitations on communications regarding union participation and tailor any
comments or responses to questions accordingly. If an employee asks you questions about the
Janus case, the recent legislation, or whether to join or stay in the union, we strongly
recommend that you refer them to their labor organization for answers to those questions. We
also recommend that you be mindful of any comments that you may make that could be
construed as deterring or discouraging union participation as we expect this limitation will be
broadly construed. If you have any questions, or if you need to direct our employees to a District
contact, please reach out to _____ [likely Director or Assistant Superintendent of Human
Resources or Personnel].