California Labor Relations and Collective Bargaining Flashcards

The Higher Education Employer-Employee Relations Act (HEERA) covers employees of which institutions?

Answer: University of California and California State University systems

HEERA governs collective bargaining rights for employees of the University of California and California State University systems, distinct from community college employees covered by EERA.

In a collective bargaining agreement, a 'management rights' clause is best described as:

Answer: A contract provision specifying areas where management retains exclusive decision-making authority not subject to bargaining

A management rights clause reserves specific decisions — such as setting work schedules, hiring, or directing the workforce — as the employer's exclusive prerogative outside the scope of mandatory bargaining.

What is 'pattern bargaining' in California labor relations?

Answer: A strategy where a union uses contract terms negotiated with one employer as a benchmark for negotiations with similar employers

Pattern bargaining occurs when a union leverages a favorable contract reached with one employer as a model or target benchmark in subsequent negotiations with other employers in the same industry.

Under NLRB procedures applicable to California private sector workers, what is the minimum 'showing of interest' required to file a representation election petition?

Answer: At least 30% of employees must demonstrate interest, typically through signed authorization cards

The NLRB requires at least 30% of employees in the proposed unit to demonstrate interest (typically via authorization cards) as a threshold to trigger a formal representation election petition.

Under the NLRA (applicable to California's private sector), an employer who interrogates employees about their union membership or activities is most likely committing:

Answer: An unfair labor practice under Section 8(a)(1) of the NLRA

Interrogating employees about union membership or activities interferes with Section 7 rights and violates Section 8(a)(1) of the NLRA, which prohibits employer interference with employees' right to organize.

What is 'interest arbitration' in California labor relations?

Answer: A procedure where a neutral third party imposes terms to resolve a bargaining impasse over what a new contract should contain

Interest arbitration involves a neutral arbitrator settling disputes over what terms should be included in a new collective bargaining agreement, typically triggered when parties reach impasse.

Under California's Meyers-Milias-Brown Act (MMBA), the 'meet and confer' obligation primarily requires local public agencies to:

Answer: Bargain in good faith with recognized employee organizations over wages, hours, and working conditions

The MMBA's meet-and-confer obligation requires local public agencies to bargain in good faith with recognized employee organizations on mandatory subjects including wages, hours, and working conditions.