DGA LEGAL
EMPLOYEE RIGHTS AND PRIVILEGES: FREEDOM OF ASSOCIATION
Rights | A state employee, including a college district employee, has the rights of freedom of association and political participation guaran- teed by the state and federal constitutions except as provided by Government Code 556.004. Gov’t Code 556.003 |
Labor Organizations | An individual may not be denied public employment, including employment by the college district, because of the individual’s membership or non-membership in a labor organization. Gov’t Code 617.004 “Labor organization” means any organization in which employees participate and that exists in whole or in part to deal with one or more employers concerning grievances, labor disputes, wages, hours of employment, or working conditions. Gov’t Code 617.001 |
Collective Bargaining Prohibited | An official of the state or of a political subdivision of the state, including a college district, may not enter into a collective bargaining contract with a labor organization regarding wages, hours, or conditions of employment of public employees. An official of the state or of a political subdivision of the state may not recognize a labor organization as the bargaining agent for a group of employees. Gov’t Code 617.002(a), (c) |
Strikes Prohibited | Public employees may not strike or engage in an organized work stoppage against the state or a political subdivision of the state. The right of an individual to cease work may not be abridged if the individual is not acting in concert with others in an organized work stoppage. Gov’t Code 617.003(a), (c) |
Penalties | A public employee who violates Government Code 617.003(a) forfeits all civil service rights, reemployment rights, and any other rights, benefits, or privileges the employee enjoys as a result of public employment or former public employment. Gov’t Code 617.003(b) |
DATE ISSUED: 4/10/2023
LDU 2023.02
DGA(LEGAL)-LJC