Bill Text: CA AB1611 | 2013-2014 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: School employees: scope of representation: notice.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-09-29 - Chaptered by Secretary of State - Chapter 801, Statutes of 2014. [AB1611 Detail]

Download: California-2013-AB1611-Enrolled.html

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BILL NUMBER: AB 1611	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 14, 2014
	PASSED THE ASSEMBLY  MAY 15, 2014
	AMENDED IN ASSEMBLY  APRIL 21, 2014
	AMENDED IN ASSEMBLY  MARCH 20, 2014

INTRODUCED BY   Assembly Member Bonta
   (Coauthor: Assembly Member Skinner)

                        FEBRUARY 6, 2014

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1611, 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 of the
employer's intent to make any change to matters within the scope of
representation of those employees represented by the exclusive
representative 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.


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) (1) 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 former Section 22316 of the
Education Code, as that section read on December 31, 1999, to the
extent deemed reasonable and without violating the intent and
purposes of Section 415 of the Internal Revenue Code.
   (2) A public school employer shall give reasonable written notice
to the exclusive representative of the public school employer's
intent to make any change to matters within the scope of
representation of the employees represented by the exclusive
representative for purposes of providing the exclusive representative
a reasonable amount of time to negotiate with the public school
employer regarding the proposed changes.
   (3) The 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 those matters are within the
discretion of the public school employer under the law.
   (4) All matters not specifically enumerated are reserved to the
public school employer and may not be a subject of meeting and
negotiating, except that this section does not 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, 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, 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, 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, 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 a
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.