AB 1611, as amended, 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 givebegin insert reasonableend insert written noticebegin delete of not less than 15 working daysend delete to the exclusive representative ofbegin delete classified personnelend deletebegin insert
the employeesend insert 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 3543.2 of the Government Code is
2amended to read:
(a) (1) The scope of representation shall be limited
4to matters relating to wages, hours of employment, and other terms
5and conditions of employment. “Terms and conditions of
6employment” mean health and welfare benefits as defined by
7Section 53200, leave, transfer and reassignment policies, safety
8conditions of employment, class size, procedures to be used for
9the evaluation of employees, organizational security pursuant to
10Section 3546, procedures for processing grievances pursuant to
11Sections 3548.5, 3548.6, 3548.7, and 3548.8, the layoff of
12
probationary certificated school district employees, pursuant to
13Section 44959.5 of the Education Code, and alternative
14compensation or benefits for employees adversely affected by
15pension limitations pursuant to former Section 22316 of the
16Education Code, as that section read on December 31, 1999, to
17the extent deemed reasonable and without violating the intent and
18purposes of Section 415 of the Internal Revenue Code.
19(2) A public school employer shall givebegin insert reasonableend insert written
20noticebegin delete of
not less than 15 working daysend delete
21representative ofbegin delete classified personnel ofend delete the public school
22employer’s intent to make any change to matters within the scope
23of representation ofbegin delete thoseend deletebegin insert theend insert employeesbegin insert represented by the
24exclusive representativeend insert, including, but not limited to, start time
25and hours of employment, for purposes of providing the exclusive
26representative a reasonable amount of time to negotiate with the
27public school employer regarding the proposed changes.
P3 1(3) The exclusive representative of certificated personnel has
2the right to consult on the definition of educational objectives, the
3determination of the content of courses and curriculum, and the
4selection of textbooks to the extent those matters are within the
5discretion of the public school employer under the law.
6(4) All matters not specifically enumerated are reserved to the
7public school employer and may not be a subject of meeting and
8negotiating, except that
this section does not limit the right of the
9public school employer to consult with any employees or employee
10organization on any matter outside the scope of representation.
11(b) Notwithstanding Section 44944 of the Education Code, the
12public school employer and the exclusive representative shall,
13upon request of either party, meet and negotiate regarding causes
14and procedures for disciplinary action, other than dismissal,
15including a suspension of pay for up to 15 days, affecting
16certificated employees. If the public school employer and the
17exclusive representative do not reach mutual agreement, Section
1844944 of the Education Code shall apply.
19(c) Notwithstanding Section 44955 of the Education Code, the
20public school employer and the exclusive representative shall,
21upon
request of either party, meet and negotiate regarding
22procedures and criteria for the layoff of certificated employees for
23lack of funds. If the public school employer and the exclusive
24representative do not reach mutual agreement, Section 44955 of
25the Education Code shall apply.
26(d) Notwithstanding Section 45028 of the Education Code, the
27public school employer and the exclusive representative shall,
28upon request of either party, meet and negotiate regarding the
29payment of additional compensation based upon criteria other than
30years of training and years of experience. If the public school
31employer and the exclusive representative do not reach mutual
32agreement, Section 45028 of the Education Code shall apply.
33(e) Pursuant to Section 45028 of the Education Code, the public
34school
employer and the exclusive representative shall, upon the
35request of either party, meet and negotiate a salary schedule based
36on criteria other than a uniform allowance for years of training
37and years of experience. If the public school employer and the
38exclusive representative do not reach mutual agreement, the
39provisions of Section 45028 of the Education Code requiring a
40salary schedule based upon a uniform allowance for years of
P4 1training and years of experience shall apply. A salary schedule
2established pursuant to this subdivision shall not result in the
3reduction of the salary of a teacher.
If the Commission on State Mandates determines that
5this act contains costs mandated by the state, reimbursement to
6local agencies and school districts for those costs shall be made
7pursuant to Part 7 (commencing with Section 17500) of Division
84 of Title 2 of the Government Code.
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