BILL NUMBER: SB 931 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 25, 2011
INTRODUCED BY Senator Vargas
(Principal coauthor: Assembly Member Lara)
FEBRUARY 18, 2011
An act to amend Sections 3506, 3519, 3543.5, and 3571 of the
Government Code, relating to public employee organizations.
LEGISLATIVE COUNSEL'S DIGEST
SB 931, as amended, Vargas. Public employee organizations.
The Meyers-Milias-Brown Act, the Ralph C. Dills Act, the
provisions commonly referred to as the Educational Employment
Relations Act, and the Higher Education Employer-Employee Relations
Act each provide for negotiations concerning wages, hours, and other
terms and conditions of employment between a state or local public
employer and representatives of recognized employee organizations.
Those acts prohibit public employers from, among other things,
intimidating, coercing, or discriminating against employees because
of their exercise of rights guaranteed under the acts, as specified.
This bill would additionally prohibit public agencies from using
public funds to pay outside consultants or legal advisors for the
purpose of counseling the public employer about ways to minimize or
deter the exercise of rights guaranteed under this chapter.
Under this bill, these provisions would not apply to payments for
representation of a public sector employer before any court,
administrative agency, or tribunal of arbitration, or for payments
for engaging in collective bargaining on behalf of the employer with
respect to wages, hours, or other terms and conditions of employment.
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. Section 3506 of the Government Code is amended to read:
3506. (a) Public agencies and employee organizations shall not
interfere with, intimidate, restrain, coerce or discriminate against
public employees because of their exercise of their rights under
Section 3502.
(b) Public agencies shall not use public funds to pay outside
consultants or legal advisors for the purpose of counseling the
public employer about ways to minimize or deter the exercise of
rights guaranteed under this chapter.
(c) Nothing in this section shall be construed to apply to
payments for representation of a public sector employer before any
court, administrative agency, or tribunal of arbitration, or for
payments for engaging in collective bargaining on behalf of the
employer with respect to wages, hours, or other terms and conditions
of employment.
SEC. 2. Section 3519 of the Government Code is amended to read:
3519. (a) It shall be unlawful for the
state to do any of the following:
(a)
(1) 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)
(2) Deny to employee organizations rights guaranteed to
them by this chapter.
(c)
(3) Refuse or fail to meet and confer in good faith
with a recognized employee organization.
(d)
(4) 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)
(5) Refuse to participate in good faith in the
mediation procedure set forth in Section 3518.
(f)
(6) Use public funds to pay outside consultants or
legal advisors for the purpose of counseling the public employer
about ways to minimize or deter the exercise of rights guaranteed
under this chapter.
(b) Nothing in this section shall be construed to apply to
payments for representation of a public sector employer before any
court, administrative agency, or tribunal of arbitration, or for
payments for engaging in collective bargaining on behalf of the
employer with respect to wages, hours, or other terms and conditions
of employment.
SEC. 3. Section 3543.5 of the Government Code is amended to read:
3543.5. (a) It is unlawful for a public
school employer to do any of the following:
(a)
(1) 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)
(2) Deny to employee organizations rights guaranteed to
them by this chapter.
(c)
(3) 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)
(4) 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)
(5) Refuse to participate in good faith in the impasse
procedure set forth in Article 9 (commencing with Section 3548).
(f)
(6) Use public funds to pay outside consultants or
legal advisors for the purpose of counseling the public employer
about ways to minimize or deter the exercise of rights guaranteed
under this chapter.
(b) Nothing in this section shall be construed to apply to
payments for representation of a public sector employer before any
court, administrative agency, or tribunal of arbitration, or for
payments for engaging in collective bargaining on behalf of the
employer with respect to wages, hours, or other terms and conditions
of employment.
SEC. 4. Section 3571 of the Government Code is amended to read:
3571. (a) It shall be unlawful for the
higher education employer to do any of the following:
(a)
(1) 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)
(2) Deny to employee organizations rights guaranteed to
them by this chapter.
(c)
(3) Refuse or fail to engage in meeting and conferring
with an exclusive representative.
(d)
(4) 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. However, subject to rules and
regulations adopted by the board pursuant to Section 3563, an
employer shall not be prohibited from permitting employees to engage
in meeting and conferring or consulting during working hours without
loss of pay or benefits.
(e)
(5) Refuse to participate in good faith in the impasse
procedure set forth in Article 9 (commencing with Section 3590).
(f)
(6) Consult with any academic, professional, or staff
advisory group on any matter within the scope of representation for
employees who are represented by an exclusive representative, or for
whom an employee organization has filed a request for recognition or
certification as an exclusive representative until such time as the
request is withdrawn or an election has been held in which "no
representative" received a majority of the votes cast. This
subdivision is not intended to diminish the prohibition of unfair
practices contained in subdivision (d). For the purposes of this
subdivision, the term "academic" shall not be deemed to include the
academic senates.
(g)
(7) Use public funds to pay outside consultants or
legal advisors for the purpose of counseling the public employer
about ways to minimize or deter the exercise of rights guaranteed
under this chapter.
(b) Nothing in this section shall be construed to apply to
payments for representation of a public sector employer before any
court, administrative agency, or tribunal of arbitration, or for
payments for engaging in collective bargaining on behalf of the
employer with respect to wages, hours, or other terms and conditions
of employment.