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Chapter 4.5. Division of Workers' Compensation
Subchapter 1.8. Collective Bargaining Agreements Under Labor Code Sections 3201.5 and 3201.7

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§10200. Definitions.

As used in this subchapter:

(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.

NOTE

Authority cited: Sections 133, 3201.5 and 5307.3, Labor Code. Reference: Sections 3201.5 and 3201.7, Labor Code.

HISTORY

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).

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