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

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

---

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-Introduced.html

---

BILL NUMBER: AB 1611	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bonta

                        FEBRUARY 6, 2014

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1611, as introduced, 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 written
notice of not less than 15 working days to the exclusive
representative of classified personnel of the public school employer'
s intent to make any change to matters within the scope of
representation of those employees, including, but not limited to,
start time and hours of employment, 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 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.  In addition, the 

   (2) A public school employer shall give written notice of not less
than 15 working days to the exclusive representative of classified
personnel of the public school employer's intent to make any change
to matters within the scope of representation of those employees,
including, but not limited to, start time and hours of employment,
for purposes of providing the exclusive representative a reasonable
amount of time to negotiate with the public school employer regarding
the proposed changes. 
    (3)     Th   e  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  such   those  matters are
within the discretion of the public school employer under the law.
 All 
    (4)     Al   l  matters not
specifically enumerated are reserved to the public school employer
and may not be a subject of meeting and negotiating, 
provided   except  that  nothing herein may
be construed to   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,  then the
provisions of  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,  then the provisions of 
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, 
then the provisions of  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,  then 
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  any   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.