Page 7 - 2018 Janus Toolkit LG

NEW EMPLOYEE ORIENTATION

Additionally, the bill makes the date, time and location of new employee orientation sessions confidential. Under
SB 866, only invited employees, union representatives and vendors contracted to provide services for the sessions
may be given date, time and location information for orientation sessions. These new provisions are in further-
ance of AB 119, which mandated union access to new employee orientation sessions and became effective on
January 1.

EMPLOYER COMMUNICATION

The bill restates existing law that took effect January 1 that bars public employers from discouraging or deterring
public employees or applicants from becoming or remaining union members and additionally prohibits public
employers from discouraging or deterring employees or applicants from authorizing union representation or the
deduction of union dues or fees.

SB 866 also subjects to the meet and confer process any mass communication regarding public employees’
right to support or join, or to refrain from supporting or joining, a union. Under the new Government Code section
3553(e), “mass communications” means a written document, or script for an oral or recorded presentation or mes-
sage, that is intended for delivery to multiple public employees. This would include email correspondence. At least
one union appears to interpret “mass communication” as a communication to more than one employee. If an
agreement about the content of the communication is not reached, public employers must include a communica-
tion of “reasonable length” from the union representative with any communication they send regarding this right.

The Public Employment Relations Board (PERB) is granted jurisdiction for enforcing the bill’s provisions.

SB 866 Overview LozanoSmith.com