SECTIONS 3543-3543.8 - California Statutes

GOVERNMENT CODE

SECTION 3543-3543.8

3543. (a) Public school employees shall 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. Public school employees shall have
the right to represent themselves individually in their employment
relations with the public school employer, except that once the
employees in an appropriate unit have selected an exclusive
representative and it has been recognized pursuant to Section 3544.1
or certified pursuant to Section 3544.7, an employee in that unit
shall not meet and negotiate with the public school employer. If the
exclusive representative of a unit provides notification, as
specified by subdivision (a) of Section 3546, public school employees
who are in a unit for which an exclusive representative has been
selected, shall be required, as a condition of continued employment,
to join the recognized employee organization or to pay the
organization a fair share services fee, as required by Section 3546.
If a majority of the members of a bargaining unit rescind that
arrangement, either of the following options shall be applicable:
(1) The recognized employee organization may petition for the
reinstatement of the arrangement described in subdivision (a) of
Section 3546 pursuant to the procedures in paragraph (2) of
subdivision (d) of Section 3546.
(2) The employees may negotiate either of the two forms of
organizational security described in subdivision (i) of Section
3540.1.
(b) An employee may at any time present grievances to his or her
employer, and have those grievances adjusted, without the
intervention of the exclusive representative, as long as the
adjustment is reached prior to arbitration pursuant to Sections
3548.5, 3548.6, 3548.7, and 3548.8 and the adjustment is not
inconsistent with the terms of a written agreement then in effect,
provided that the public school employer shall not agree to a
resolution of the grievance until the exclusive representative has
received a copy of the grievance and the proposed resolution and has
been given the opportunity to file a response.

3543.1. (a) Employee organizations shall have the right to
represent their members in their employment relations with public
school employers, except that once an employee organization is
recognized or certified as the exclusive representative of an
appropriate unit pursuant to Section 3544.1 or 3544.7, respectively,
only that employee organization may represent that unit in their
employment relations with the public school employer. Employee
organizations may establish reasonable restrictions regarding who may
join and may make reasonable provisions for the dismissal of
individuals from membership.
(b) Employee organizations shall have the right of access at
reasonable times to areas in which employees work, the right to use
institutional bulletin boards, mailboxes, and other means of
communication, subject to reasonable regulation, and the right to use
institutional facilities at reasonable times for the purpose of
meetings concerned with the exercise of the rights guaranteed by this
chapter.
(c) A reasonable number of representatives of an exclusive
representative shall have the right to receive reasonable periods of
released time without loss of compensation when meeting and
negotiating and for the processing of grievances.
(d) All employee organizations shall have the right to have
membership dues deducted pursuant to Sections 45060 and 45168 of the
Education Code, until an employee organization is recognized as the
exclusive representative for any of the employees in an appropriate
unit, and then the deduction as to any employee in the negotiating
unit shall not be permissible except to the exclusive representative.

3543.2. (a) 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 Section 22316 of the Education
Code, to the extent deemed reasonable and without violating the
intent and purposes of Section 415 of the Internal Revenue Code. In
addition, 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 such matters are within the
discretion of the public school employer under the law. All matters
not specifically enumerated are reserved to the public school
employer and may not be a subject of meeting and negotiating,
provided that nothing herein may be construed to 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 teacher.

3543.3. A public school employer or such representatives as it may
designate who may, but need not be, subject to either certification
requirements or requirements for classified employees set forth in
the Education Code, shall meet and negotiate with and only with
representatives of employee organizations selected as exclusive
representatives of appropriate units upon request with regard to
matters within the scope of representation.

3543.4. A person serving in a management position, senior
management position, or a confidential position may not be
represented by an exclusive representative. Any person serving in
such a position may represent himself or herself individually or by
an employee organization whose membership is composed entirely of
employees designated as holding those positions, in his or her
employment relationship with the public school employer, but, in no
case, shall such an organization meet and negotiate with the public
school employer. A representative may not be permitted by a public
school employer to meet and negotiate on any benefit or compensation
paid to persons serving in a management position, senior management
position, or a confidential position.

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).

3543.6. It shall be unlawful for an employee organization to:
(a) Cause or attempt to cause a public school employer to violate
Section 3543. 5.
(b) 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.
(c) Refuse or fail to meet and negotiate in good faith with a
public school employer of any of the employees of which it is the
exclusive representative.
(d) Refuse to participate in good faith in the impasse procedure
set forth in Article 9 (commencing with Section 3548).

3543.7. The duty to meet and negotiate in good faith requires the
parties to begin negotiations prior to the adoption of the final
budget for the ensuing year sufficiently in advance of such adoption
date so that there is adequate time for agreement to be reached, or
for the resolution of an impasse.

3543.8. Any employee organization shall have standing to sue in any
action or proceeding heretofore or hereafter instituted by it as
representative and on behalf of one or more of its members. The
provisions of this section are expressly intended to apply to actions
or proceedings commenced prior to, but concluded or pending as of,
as well as on and after, the effective date of this section.