(a) Employee means an employee covered under either:
(1) A provision of a collective bargaining agreement recognized by the Administrative Director pursuant to Labor Code section 3201.5; or
(2) A labor-management agreement recognized by the Administrative Director pursuant to Labor Code section 3201.7.
(b) Employer means either:
(1) For the purpose of Labor Code section 3201.5, a private employer or group of employers actually engaged in construction, construction maintenance, or activities limited to rock, sand, gravel, cement and asphalt operations, heavy-duty mechanics, surveying, and construction inspection in California. A public entity may be a member of a group of employers.
(2) For the purpose of Labor Code section 3201.7, a private employer, group of employers, or a city or county that is self-insured in compliance with Labor Code section 3700.
(c) Labor-management agreement under Labor Code section 3201.7 (or 3201.7 provision) means a provision, clause, addendum, or other section of a collective bargaining agreement that establishes or would establish any program permitted under Labor Code section 3201.7(a). Such a program shall be maintained solely for the purpose of complying with the requirements of Division 4 the Labor Code and shall be administered separately from any other employee benefit plan.
(d) Provision of a collective bargaining agreement under Labor Code section 3201.5 (or 3201.5 provision) means a provision, clause, addendum, or other section of a collective bargaining agreement that establishes or would establish any program permitted under Labor Code section 3201.5(a). Such a program shall be maintained solely for the purpose of complying with the requirements of Division 4 the Labor Code and shall be administered separately from any other employee benefit plan.
(e) Union means a bona fide labor organization that is the recognized or certified exclusive bargaining representative of the employees of an employer. A labor organization is bona fide under this regulation if:
(1) it actually represents employees in California as to wages, hours and working conditions,
(2) its officers have been elected by secret ballot or otherwise in a manner consistent with federal law, and
(3) it is free of domination or interference by any employer and has received no improper assistance or support from any employer.
Authority cited: Sections 133, 3201.5 and 5307.3, Labor Code. Reference: Sections 3201.5 and 3201.7, Labor Code.
1. New subchapter 1.8 and section filed 8-8-95; operative 8-8-95. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 95, No. 32).
2. Amendment of section and Note filed 4-22-2004 as an emergency; operative 4-22-2004 (Register 2004, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-20-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-22-2004 order, including further amendment of section, transmitted to OAL 8-20-2004 and filed 10-4-2004 (Register 2004, No. 41).