BILL NUMBER: AB 1194	CHAPTERED  06/28/07

	CHAPTER  21
	FILED WITH SECRETARY OF STATE  JUNE 28, 2007
	APPROVED BY GOVERNOR  JUNE 28, 2007
	PASSED THE SENATE  JUNE 21, 2007
	PASSED THE ASSEMBLY  MAY 7, 2007

INTRODUCED BY   Assembly Member Karnette

                        FEBRUARY 23, 2007

   An act to amend Section 3543 of the Government Code, relating to
school employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1194, Karnette. School employees.
   Existing law gives public school employees the right to form,
join, and participate in the activities of employee organizations of
their own choosing for the purpose of representation on all matters
of employer-employee relations. A public school employee who is in a
unit for which an exclusive representative is selected may join that
organization or pay a fair share service fee.
   This bill would give public school employees the right to
represent themselves individually in their employment relations with
the public school employer, except that once the employees in an
appropriate unit select an exclusive representative and it is
recognized or certified, the employee in that unit would be
prohibited from meeting and negotiating with the public school
employer.


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

  SECTION 1.  Section 3543 of the Government Code is amended to read:

   3543.  (a) Public school employees shall have the right to form,
join, and participate in the activities of employee organizations of
their own choosing for the purpose of representation on all matters
of employer-employee relations. Public school employees shall have
the right to represent themselves individually in their employment
relations with the public school employer, except that once the
employees in an appropriate unit have selected an exclusive
representative and it has been recognized pursuant to Section 3544.1
or certified pursuant to Section 3544.7, no employee in that unit may
meet and negotiate with the public school employer. If the exclusive
representative of a unit provides notification, as specified by
subdivision (a) of Section 3546, public school employees who are in a
unit for which an exclusive representative has been selected, shall
be required, as a condition of continued employment, to join the
recognized employee organization or to pay the organization a fair
share services fee, as required by Section 3546. If a majority of the
members of a bargaining unit rescind that arrangement, either of the
following options shall be applicable:
   (1) The recognized employee organization may petition for the
reinstatement of the arrangement described in subdivision (a) of
Section 3546 pursuant to the procedures in paragraph (2) of
subdivision (d) of Section 3546.
   (2) The employees may negotiate either of the two forms of
organizational security described in subdivision (i) of Section
3540.1.
   (b) Any employee may at any time present grievances to his or her
employer, and have such grievances adjusted, without the intervention
of the exclusive representative, as long as the adjustment is
reached prior to arbitration pursuant to Sections 3548.5, 3548.6,
3548.7, and 3548.8 and the adjustment is not inconsistent with the
terms of a written agreement then in effect; provided that the public
school employer shall not agree to a resolution of the grievance
until the exclusive representative has received a copy of the
grievance and the proposed resolution and has been given the
opportunity to file a response.