California Government Code 3543.8 – (a) Any employee organization shall have standing to sue in any …
(a) Any employee organization shall have standing to sue in any action or proceeding heretofore or hereafter instituted by it as representative and on behalf of one or more of its members.
(b) (1) At any time not less than 10 days before commencement of a hearing to resolve a dispute alleging that the employer failed to provide wages, benefits, or working conditions required by state law, an employee organization may serve an offer in writing upon the employer to settle the dispute for a specified amount or other consideration such as a change in employer policy. The written offer shall include a statement of the offer amount or other consideration, the terms and conditions by which that amount or other consideration shall be tendered to the employee, and a provision that allows the employer to indicate acceptance of the offer by signing a statement that the offer is accepted. An acceptance of the offer, whether made on the document containing the offer or on a separate document of acceptance, shall be in writing and shall be signed by counsel for the employer, or, if not represented by counsel, by the employer.
Terms Used In California Government Code 3543.8
- employee: means a person employed by a public school employer except persons elected by popular vote, persons appointed by the Governor of this state, management employees, and confidential employees. See California Government Code 3540.1
- Employee organization: means an organization that includes employees of a public school employer and that has as one of its primary purposes representing those employees in their relations with that public school employer. See California Government Code 3540.1
- employer: means the governing board of a school district, a school district, a county board of education, a county superintendent of schools, a charter school that has declared itself a public school employer pursuant to subdivision (b) of §. See California Government Code 3540.1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
- Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
(2) If the offer is accepted, receipt of the specified amount or other consideration shall constitute a full satisfaction of the claim.
(3) If the offer is not accepted before the hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given in evidence in the action.
(4) For purposes of this subdivision, a hearing shall be deemed to be actually commenced at the beginning of the oral argument or opening statement of the plaintiff or counsel, or, if there is no opening statement, at the time of the administering of the oath or affirmation to the first witness, or the introduction of any evidence.
(5) (A) If an offer made by an employee organization is not accepted and the employer fails to obtain a more favorable judgment or award from the action or proceeding, the employer shall pay the reasonable postoffer attorney’s fees and expenses of the employee organization.
(B) Subparagraph (A) shall not apply if the adjudicator to the action or proceeding finds that the employer has raised substantial and credible issues involving complex or significant questions of law or fact relative to the employee’s claim or claims.
(6) This subdivision does not apply to unfair practice or arbitration proceedings under this chapter.
(Amended by Stats. 2017, Ch. 812, Sec. 1. (SB 550) Effective January 1, 2018.)