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 give reasonable written notice to the exclusive representative ofbegin delete the employees of the public schoolend deletebegin insert theend insert employer’s intent to make any change to matters within the scope
of representation of thosebegin delete employees, including, but not limited to, start time and hours of employment,end deletebegin insert employees represented by the exclusive representativeend insert 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 give reasonable written
20notice to the exclusive representative of the public school
21employer’s intent to make any change to matters within the scope
22of representation of the employees represented by the exclusive
23begin delete representative, including, but not limited to, start time and hours begin insert
representativeend insert for purposes of providing the
24of employment,end delete
P3 1exclusive representative a reasonable amount of time to negotiate
2with the public school employer regarding the proposed changes.
3(3) The exclusive representative of certificated personnel has
4the right to consult on the definition of educational objectives, the
5determination of the content of courses and curriculum, and the
6selection of textbooks to the extent those matters are within the
7discretion of the public school employer under the law.
8(4) All matters not specifically enumerated are reserved to the
9public school employer and may not be a subject of meeting and
10negotiating, except that this section does not limit the right of the
11public school employer to consult with any employees or employee
12organization
on any matter outside the scope of representation.
13(b) Notwithstanding Section 44944 of the Education Code, the
14public school employer and the exclusive representative shall,
15upon request of either party, meet and negotiate regarding causes
16and procedures for disciplinary action, other than dismissal,
17including a suspension of pay for up to 15 days, affecting
18certificated employees. If the public school employer and the
19exclusive representative do not reach mutual agreement, Section
2044944 of the Education Code shall apply.
21(c) Notwithstanding Section 44955 of the Education Code, the
22public school employer and the exclusive representative shall,
23upon request of either party, meet and negotiate regarding
24procedures and criteria for the layoff of certificated employees for
25lack of
funds. If the public school employer and the exclusive
26representative do not reach mutual agreement, Section 44955 of
27the Education Code shall apply.
28(d) Notwithstanding Section 45028 of the Education Code, the
29public school employer and the exclusive representative shall,
30upon request of either party, meet and negotiate regarding the
31payment of additional compensation based upon criteria other than
32years of training and years of experience. If the public school
33employer and the exclusive representative do not reach mutual
34agreement, Section 45028 of the Education Code shall apply.
35(e) Pursuant to Section 45028 of the Education Code, the public
36school employer and the exclusive representative shall, upon the
37request of either party, meet and negotiate a salary schedule based
38on
criteria other than a uniform allowance for years of training
39and years of experience. If the public school employer and the
40exclusive representative do not reach mutual agreement, the
P4 1provisions of Section 45028 of the Education Code requiring a
2salary schedule based upon a uniform allowance for years of
3training and years of experience shall apply. A salary schedule
4established pursuant to this subdivision shall not result in the
5reduction of the salary of a teacher.
If the Commission on State Mandates determines that
7this act contains costs mandated by the state, reimbursement to
8local agencies and school districts for those costs shall be made
9pursuant to Part 7 (commencing with Section 17500) of Division
104 of Title 2 of the Government Code.
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