Amended in Assembly March 15, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2835


Introduced by Assembly Member Cooper

February 19, 2016


An actbegin delete to amend Section 3543.5 of the Government Code,end delete relating to publicbegin delete school employment.end deletebegin insert employees.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2835, as amended, Cooper. begin deletePublic school employment: collective bargaining: unlawful activities. end deletebegin insertState employees: memorandum of understanding.end insert

begin insert

Existing law provides that a provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees that requires the expenditure of funds does not become effective unless approved by the Legislature in the annual Budget Act.

end insert
begin insert

This bill would approve provisions of a memorandum of understanding entered into between the state employer and an unspecified bargaining unit that require the expenditure of funds, and would provide that these provisions will become effective even if these provisions are approved by the Legislature in legislation other than the annual Budget Act.

end insert
begin insert

The bill would provide that provisions of the memorandum of understanding approved by this bill that require the expenditure of funds will not take effect unless funds for those provisions are specifically appropriated by the Legislature, and would require the state employer and the affected employee organization to meet and confer to renegotiate the affected provisions if funds for those provisions are not specifically appropriated by the Legislature.

end insert
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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.

end delete
begin delete

This bill would make nonsubstantive changes to that later provision.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

The Legislature finds and declares that the
2purpose of this act is to approve an agreement entered into by the
3state employer and State Bargaining Unit ____ pursuant to Section
43517.5 of the Government Code.

end insert
5begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

The provisions of the memorandum of understanding
6prepared pursuant to Section 3517.5 of the Government Code and
7entered into by the state employer and State Bargaining Unit ____,
8dated ____, and that require the expenditure of funds, are hereby
9approved for the purposes of subdivision (b) of Section 3517.6 of
10the Government Code.

end insert
11begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

The provisions of the memorandum of understanding
12approved by Section 2 of this act that require the expenditure of
13funds shall not take effect unless funds for these provisions are
14specifically appropriated by the Legislature. If funds for these
15provisions are not specifically appropriated by the Legislature,
16the state employer and the affected employee organization shall
17meet and confer to renegotiate the affected provisions.

end insert
18begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

Notwithstanding Section 3517.6 of the Government
19Code, the provisions of the memorandum of understanding included
20in Section 2 of this act that require the expenditure of funds shall
21become effective even if the provisions of the memorandum of
22understanding are approved by the Legislature in legislation other
23than the annual Budget Act.

end insert
begin delete
24

SECTION 1.  

Section 3543.5 of the Government Code is
25amended to read:

P3    1

3543.5.  

It is unlawful for a public school employer to do any
2of the following:

3(a) Impose or threaten to impose reprisals on employees, to
4discriminate or threaten to discriminate against employees, or
5otherwise to interfere with, restrain, or coerce employees because
6of their exercise of rights guaranteed by this chapter. For purposes
7of this subdivision, “employee” includes an applicant for
8employment or reemployment.

9(b) Deny to employee organizations rights guaranteed to them
10by this chapter.

11(c) Refuse or fail to meet and negotiate in good faith with an
12exclusive representative. For purposes of this subdivision,
13knowingly providing an exclusive representative with inaccurate
14information, whether or not in response to a request for
15information, regarding the financial resources of the public school
16employer constitutes a refusal or failure to meet and negotiate in
17good faith.

18(d) Dominate or interfere with the formation or administration
19of any employee organization, or contribute financial or other
20support to it, or in any way encourage employees to join any
21organization in preference to another.

22(e) Refuse to participate in good faith in the impasse procedures
23set forth in Article 9 (commencing with Section 3548).

end delete


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