California Government Code § 3558

Overview

California Government Code § 3558, formerly referred to as AB-119 and SB-270, requires public employers, including UC, to regularly provide Unions with an accurate list of new and current represented employees’ name, job title, department, work location, and personal and business contact information. Cal. Gov. Code § 3558 authorizes Unions to file an unfair labor practice charge for violating this requirement with the Public Employee Relations Board (PERB). Violations will incur a penalty of up to $10,000. Employers may have an opportunity to cure the alleged violation up to three times per twelve-month period.

Responsible Employees

Departments and supervisors/managers are responsible for ensuring accurate, complete, and up-to-date information for all required fields.

Penalties for Non-Compliance Violations

Employers will be fined a penalty up to $10,000 for each violation.

Who Pays Penalties for Non-Compliance Violations?

Departments are responsible for any violations, and the resulting penalties, for failure to provide accurate, complete, and up-to-date job information, work location, and personal and business contact information for each represented employee.

How to Update Work Location & Business Contact Information

See the FAQs below. For information regarding the transactional process of adding and/or updating work location and business contact information, please visit UC Berkeley UCPath’s Work Location Reporting Requirement for Represented Employees webpage

FAQs

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Who is responsible for ensuring that an employee’s physical work location is up to date?

Departments and supervisors/managers are responsible for ensuring that an employee’s physical work location is up to date.

How can I check the physical work location for represented employees in my department or that I supervise?

Cal Answers has developed a new Position Location Report which combines the complete set of Location table information and the Cubicle field. It is under Workforce Detail > Position Management. There is also a Cognos Report, “R-272 Employee Roster” which includes Location Code and Location Description.

How do I request an update to an employee’s work location?

Contact your Region or HR Support Team to request an update in UCPath. For questions regarding entering physical work location data into UCPath, please visit UCPath’s Work Location Reporting Requirement for Represented Employees and/or please contact the Berkeley UCPath Ops Team at ucbucpath@berkeley.edu

Who is responsible for reporting the physical work location to the unions?

UCOP and UCPath Center generate reports and transmit them to the unions on a regular basis.

What do I do if a Union Representative requests a report of the information covered by AB-119?

You should direct the Union Representative to contact the Union’s main/systemwide office as the report has already been shared with them.

How often is the University required to provide reporting of the physical work location to the Union?

For newly hired employees, the University must provide the required information within thirty (30) days of hire or by the first pay period of the month following hire. For all employees, the University must provide the required information at least every one hundred and twenty (120) days.

Should a union allege a violation reporting new and current employee information, do we have time to fix the alleged violation?

Yes. Once a union alleges a violation, public employers have twenty (20) calendar days to cure the alleged violation.

Who would be responsible for the fine as a result of violating AB-119 & SB-270?

The Department where the violation occurred would be responsible for the fine.