Bill Text: CA SB931 | 2011-2012 | Regular Session | Introduced

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

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Bill Title: Payroll cards.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Vetoed) 2012-03-01 - Consideration of Governor's veto stricken from file. Veto sustained. [SB931 Detail]

Download: California-2011-SB931-Introduced.html

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BILL NUMBER: SB 931	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Vargas
   (Principal coauthor: Assembly Member Lara)

                        FEBRUARY 18, 2011

   An act to amend Sections 3506, 3519, 3543.5, and 3571 of the
Government Code, relating to public employee organizations.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 931, as introduced, Vargas. Public employee organizations.
   The Meyers-Milias-Brown Act, the Ralph C. Dills Act, the
Educational Employment Relations Act, and the Higher Education
Employer-Employee Relations Act each provide for negotiations
concerning wages, hours, and other terms and conditions of employment
between a state or local public employer and representatives of
recognized employee organizations. Those acts prohibit public
employers from, among other things, intimidating, coercing, or
discriminating against employees because of their exercise of rights
guaranteed under the acts, as specified.
   This bill would additionally prohibit public agencies from using
public funds to pay outside consultants or legal advisors for the
purpose of counseling the public employer about ways to minimize or
deter the exercise of rights guaranteed under this chapter.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 3506 of the Government Code is amended to read:

   3506.   (a)    Public agencies and employee
organizations shall not interfere with, intimidate, restrain, coerce
or discriminate against public employees because of their exercise of
their rights under Section 3502. 
   (b) Public agencies shall not use public funds to pay outside
consultants or legal advisors for the purpose of counseling the
public employer about ways to minimize or deter the exercise of
rights guaranteed under this chapter. 
  SEC. 2.  Section 3519 of the Government Code is amended to read:
   3519.  It shall be unlawful for the state 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 confer in good faith with a
recognized employee organization.
   (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 mediation procedure
set forth in Section 3518. 
   (f) Use public funds to pay outside consultants or legal advisors
for the purpose of counseling the public employer about ways to
minimize or deter the exercise of rights guaranteed under this
chapter. 
  SEC. 3.  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. 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 procedure
set forth in Article 9 (commencing with Section 3548). 
   (f) Use public funds to pay outside consultants or legal advisors
for the purpose of counseling the public employer about ways to
minimize or deter the exercise of rights guaranteed under this
chapter. 
  SEC. 4.  Section 3571 of the Government Code is amended to read:
   3571.  It shall be unlawful for the higher education 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 engage in meeting and conferring with an
exclusive representative.
   (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. However, subject to rules and regulations
adopted by the board pursuant to Section 3563, an employer shall not
be prohibited from permitting employees to engage in meeting and
conferring or consulting during working hours without loss of pay or
benefits.
   (e) Refuse to participate in good faith in the impasse procedure
set forth in Article 9 (commencing with Section 3590).
   (f) Consult with any academic, professional, or staff advisory
group on any matter within the scope of representation for employees
who are represented by an exclusive representative, or for whom an
employee organization has filed a request for recognition or
certification as an exclusive representative until such time as the
request is withdrawn or an election has been held in which "no
representative" received a majority of the votes cast. This
subdivision is not intended to diminish the prohibition of unfair
practices contained in subdivision (d). For the purposes of this
subdivision, the term "academic" shall not be deemed to include the
academic senates. 
   (g) Use public funds to pay outside consultants or legal advisors
for the purpose of counseling the public employer about ways to
minimize or deter the exercise of rights guaranteed under this
chapter.