Bill Text: CA AB2835 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Public employees: orientation and informational programs: exclusive representatives.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2016-11-30 - Died on Senate inactive file. [AB2835 Detail]

Download: California-2015-AB2835-Amended.html

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BILL NUMBER: AB 2835	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 15, 2016

INTRODUCED BY   Assembly Member Cooper

                        FEBRUARY 19, 2016

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2835, as amended, Cooper.  Public school employment:
collective bargaining: unlawful activities.   State
employees: memorandum of understanding.  
   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.  
   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.  
   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.
 
   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
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares that
the purpose of this act is to approve an agreement entered into by
the state employer and State Bargaining Unit ____ pursuant to Section
3517.5 of the Government Code. 
   SEC. 2.    The provisions of the memorandum of
understanding prepared pursuant to Section 3517.5 of the Government
Code and entered into by the state employer and State Bargaining Unit
____, dated ____, and that require the expenditure of funds, are
hereby approved for the purposes of subdivision (b) of Section 3517.6
of the Government Code. 
   SEC. 3.    The provisions of the memorandum of
understanding approved by Section 2 of this act that require the
expenditure of funds shall not take effect unless funds for these
provisions are specifically appropriated by the Legislature. If funds
for these provisions are not specifically appropriated by the
Legislature, the state employer and the affected employee
organization shall meet and confer to renegotiate the affected
provisions. 
   SEC. 4.    Notwithstanding Section 3517.6 of the
Government Code, the provisions of the memorandum of understanding
included in Section 2 of this act that require the expenditure of
funds shall become effective even if the provisions of the memorandum
of understanding are approved by the Legislature in legislation
other than the annual Budget Act.  
  SECTION 1.    Section 3543.5 of the Government
Code is amended to read:
   3543.5.  It is unlawful for a public school employer to do any of
the following:
   (a) Impose or threaten to impose reprisals on employees, to
discriminate or threaten to discriminate against employees, or
otherwise to interfere with, restrain, or coerce employees because of
their exercise of rights guaranteed by this chapter. For purposes of
this subdivision, "employee" includes an applicant for employment or
reemployment.
   (b) Deny to employee organizations rights guaranteed to them by
this chapter.
   (c) Refuse or fail to meet and negotiate in good faith with an
exclusive representative. For purposes of this subdivision, knowingly
providing an exclusive representative with inaccurate information,
whether or not in response to a request for information, regarding
the financial resources of the public school employer constitutes a
refusal or failure to meet and negotiate in good faith.
   (d) Dominate or interfere with the formation or administration of
any employee organization, or contribute financial or other support
to it, or in any way encourage employees to join any organization in
preference to another.
   (e) Refuse to participate in good faith in the impasse procedures
set forth in Article 9 (commencing with Section 3548).