BILL NUMBER: AB 109	CHAPTERED  09/04/03

	CHAPTER  276
	FILED WITH SECRETARY OF STATE  SEPTEMBER 4, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 3, 2003
	PASSED THE ASSEMBLY  AUGUST 21, 2003
	PASSED THE SENATE  JULY 24, 2003
	AMENDED IN SENATE  JULY 7, 2003
	AMENDED IN ASSEMBLY  APRIL 22, 2003

INTRODUCED BY   Assembly Member Dymally
   (Coauthors:  Assembly Members Bermudez, Hancock, Koretz, and
Lieber)

                        JANUARY 13, 2003

   An act to amend Section 3543.5 of the Government Code, relating to
public school employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 109, Dymally.  Public school employers:  unlawful acts.
   Existing law makes certain acts of public school employers, such
as school districts, unlawful, including the refusal or failure to
meet and negotiate in good faith with an exclusive representative.
   This bill would define the prohibition on the refusal or failure
to meet and negotiate in good faith to include the knowing provision
by a public school employer to an exclusive representative of
inaccurate information regarding its financial resources, whether or
not it is provided in response to a request for information.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 3543.5 of the Government Code is amended to
read:
   3543.5.  It is unlawful for a public school employer to do any of
the following:
   (a) Impose or threaten to impose reprisals on employees, to
discriminate or threaten to discriminate against employees, or
otherwise to interfere with, restrain, or coerce employees because of
their exercise of rights guaranteed by this chapter.  For purposes
of this subdivision, "employee" includes an applicant for employment
or reemployment.
   (b) Deny to employee organizations rights guaranteed to them by
this chapter.
   (c) Refuse or fail to meet and negotiate in good faith with an
exclusive representative.  Knowingly providing an exclusive
representative with inaccurate information, whether or not in
response to a request for information, regarding the financial
resources of the public school employer constitutes a refusal or
failure to meet and negotiate in good faith.
   (d) Dominate or interfere with the formation or administration of
any employee organization, or contribute financial or other support
to it, or in any way encourage employees to join any organization in
preference to another.
   (e) Refuse to participate in good faith in the impasse procedure
set forth in Article 9 (commencing with Section 3548).