BILL NUMBER: AB 195	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 6, 2011
	AMENDED IN ASSEMBLY  APRIL 14, 2011
	AMENDED IN ASSEMBLY  MARCH 21, 2011

INTRODUCED BY   Assembly Member Roger Hernández
   (Coauthor: Assembly Member Allen)

                        JANUARY 27, 2011

   An act  to amend Section 3506 of, and  to add
Section 3506.5 to  ,  the Government Code, relating
to local public employee organizations.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 195, as amended, Roger Hernández. Local public employee
organizations.
   The Meyers-Milias-Brown Act provides for the representation of
local public employees by employee organizations and for the
execution of memoranda of understanding between those organizations
and local public agencies. The act prohibits a public agency or an
employee organization from, among other things, intimidating,
coercing, or discriminating against employees because they have
chosen to join, or not join, an employee organization.  Existing
law requires a public agency to meet and confer in good faith, as
defined. 
   This bill would  instead prohibit a public agency
  specify that a public agency is prohibited  from,
among other things, imposing reprisals on or discriminating against
employees because of their exercise of rights guaranteed by the act,
 refusing or failing   and would specify that
knowingly providing a recognized employee organization with
inaccurate information constitutes a refu   sal or failure
 to meet and negotiate in good faith  with a recognized
employee organization, or refusing to participate in good faith in an
applicable impasse procedure  . The bill would declare
 the intent of the Legislature  that these
provisions are  intended to be  technical and clarify
existing law.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  The Legislature finds and declares that the addition of
Section 3506.5 to the Government Code is intended to be technical
and clarifying of existing law. 
  SEC. 2.    Section 3506 of the Government Code is
amended to read:
   3506.  Employee organizations shall not interfere with,
intimidate, restrain, coerce, or discriminate against public
employees because of their exercise of their rights under Section
3502. 
   SEC. 3.   SEC. 2.   Section 3506.5 is
added to the Government Code, to read:
   3506.5.  A public agency shall not 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 the rights guaranteed to them
by this chapter.
   (c) Refuse or fail to meet and negotiate in good faith with a
recognized employee organization. For purposes of this subdivision,
knowingly providing a recognized employee organization with
inaccurate information, whether or not in response to a request for
information, 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, contribute financial or other support to
any employee organization, or in any way encourage employees to join
any organization in preference to another.
   (e) Refuse to participate in good faith in an applicable impasse
procedure.