California Legislature—2015–16 Regular Session

Assembly BillNo. 2835

Introduced by Assembly Member Cooper

February 19, 2016

An act to amend Section 3543.5 of the Government Code, relating to public school employment.


AB 2835, as introduced, Cooper. Public school employment: collective bargaining: unlawful activities.

Under existing law, public school employees 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. Existing law makes certain acts of public school employers, such as school districts, unlawful, including, among others, the refusal or failure to meet and negotiate in good faith with an exclusive representative.

This bill would make nonsubstantive changes to that later provision.

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

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

P1    1


Section 3543.5 of the Government Code is
2amended to read:



It is unlawful for a public school employer to do any
4of the following:

5(a) Impose or threaten to impose reprisals on employees, to
6discriminate or threaten to discriminate against employees, or
P2    1otherwise to interfere with, restrain, or coerce employees because
2of their exercise of rights guaranteed by this chapter. For purposes
3of this subdivision, “employee” includes an applicant for
4employment or reemployment.

5(b) Deny to employee organizations rights guaranteed to them
6by this chapter.

7(c) Refuse or fail to meet and negotiate in good faith with an
8exclusive representative.begin delete Knowinglyend deletebegin insert For purposes of this
9subdivision, knowinglyend insert
providing an exclusive representative with
10inaccurate information, whether or not in response to a request for
11information, regarding the financial resources of the public school
12employer constitutes a refusal or failure to meet and negotiate in
13good faith.

14(d) Dominate or interfere with the formation or administration
15of any employee organization, or contribute financial or other
16support to it, or in any way encourage employees to join any
17organization in preference to another.

18(e) Refuse to participate in good faith in the impassebegin delete procedureend delete
19begin insert proceduresend insert set forth in Article 9 (commencing with Section 3548).