California Legislature—2013–14 Regular Session

Assembly Bill No. 1611

Introduced by Assembly Member Bonta

February 6, 2014

An act to amend Section 3543.2 of the Government Code, relating to school employees.

LEGISLATIVE COUNSEL’S DIGEST

AB 1611, as introduced, Bonta. School employees: scope of representation: notice.

Existing law gives public school employee organizations the right to represent their members in their employment relations with public school employers, and limits the scope of representation to matters relating to wages, hours of employment, and other terms and conditions of employment, as defined. Existing law provides that all other matters are reserved to the public school employer and may not be a subject of meeting and negotiating.

This bill would require a public school employer to give written notice of not less than 15 working days to the exclusive representative of classified personnel of the public school employer’s intent to make any change to matters within the scope of representation of those employees, including, but not limited to, start time and hours of employment, for purposes of providing the exclusive representative a reasonable amount of time to negotiate proposed changes with the public school employer. The bill would also make nonsubstantive changes to this provision. By imposing new duties on public school employers, the bill would constitute a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 3543.2 of the Government Code is
amended to read:

3543.2.  

(a)  begin insert (1) end insert begin insert   end insert The scope of representation shall be limited
to matters relating to wages, hours of employment, and other terms
and conditions of employment. “Terms and conditions of
employment” mean health and welfare benefits as defined by
Section 53200, leave, transfer and reassignment policies, safety
conditions of employment, class size, procedures to be used for
the evaluation of employees, organizational security pursuant to
Section 3546, procedures for processing grievances pursuant to
Sections 3548.5, 3548.6, 3548.7, and 3548.8, the layoff of
probationary certificated school district employees, pursuant to
Section 44959.5 of the Education Code, and alternative
compensation or benefits for employees adversely affected by
pension limitations pursuant to begin insert former end insert Section 22316 of the
Education Code, begin insert as that section read on December 31, 1999, end insert to
the extent deemed reasonable and without violating the intent and
purposes of Section 415 of the Internal Revenue Code. begin delete In addition,
the end delete

begin insert

(2) A public school employer shall give written notice of not
less than 15 working days to the exclusive representative of
classified personnel of the public school employer’s intent to make
any change to matters within the scope of representation of those
employees, including, but not limited to, start time and hours of
employment, for purposes of providing the exclusive representative
a reasonable amount of time to negotiate with the public school
employer regarding the proposed changes.

end insert

begin insert (3) end insert begin insert   end insert begin insert Th end insert begin insert e end insert exclusive representative of certificated personnel has
the right to consult on the definition of educational objectives, the
determination of the content of courses and curriculum, and the
selection of textbooks to the extent begin delete such end delete begin insert those end insert matters are within
the discretion of the public school employer under the law. begin delete All end delete

begin insert (4) end insert begin insert   end insert begin insert Al end insert begin insert l end insert matters not specifically enumerated are reserved to the
public school employer and may not be a subject of meeting and
negotiating, begin delete provided end delete begin insert except end insert that begin delete nothing herein may be construed
to end delete begin insert this section does not end insert limit the right of the public school employer
to consult with any employees or employee organization on any
matter outside the scope of representation.

(b) Notwithstanding Section 44944 of the Education Code, the
public school employer and the exclusive representative shall,
upon request of either party, meet and negotiate regarding causes
and procedures for disciplinary action, other than dismissal,
including a suspension of pay for up to 15 days, affecting
certificated employees. If the public school employer and the
exclusive representative do not reach mutual agreement, begin delete then the
provisions of end delete Section 44944 of the Education Code shall apply.

(c) Notwithstanding Section 44955 of the Education Code, the
public school employer and the exclusive representative shall,
upon request of either party, meet and negotiate regarding
procedures and criteria for the layoff of certificated employees for
lack of funds. If the public school employer and the exclusive
representative do not reach mutual agreement, begin delete then the provisions
of end delete Section 44955 of the Education Code shall apply.

(d) Notwithstanding Section 45028 of the Education Code, the
public school employer and the exclusive representative shall,
upon request of either party, meet and negotiate regarding the
payment of additional compensation based upon criteria other than
years of training and years of experience. If the public school
employer and the exclusive representative do not reach mutual
agreement, begin delete then the provisions of end delete Section 45028 of the Education
Code shall apply.

(e) Pursuant to Section 45028 of the Education Code, the public
school employer and the exclusive representative shall, upon the
request of either party, meet and negotiate a salary schedule based
on criteria other than a uniform allowance for years of training
and years of experience. If the public school employer and the
exclusive representative do not reach mutual agreement, begin delete then end delete the
provisions of Section 45028 of the Education Code requiring a
salary schedule based upon a uniform allowance for years of
training and years of experience shall apply. A salary schedule
established pursuant to this subdivision shall not result in the
reduction of the salary of begin delete any end delete begin insert a end insert teacher.

SEC. 2.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.