Page 17 - 2018 Janus Toolkit CCD

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 community college 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 community college 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
community college 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 community college district contact, please reach out to _____ [likely Vice
Chancellor].