CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment

Chapter 10.7 added by Stats. 1975, Ch. 961.

§§ 3540–3549.3 · 42 sections

1. ARTICLE 1. General Provisions §§ 3540–3540.2 · 3 sections

   • § 3540 It is the purpose of this chapter to promote the improvement of personnel management and employer-employee relations within the public school systems in the…
   • § 3540.1 As used in this chapter: (a) “Board” means the Public Employment Relations Board created pursuant to Section 3541. (b) “Certified organization” or “certified…
   • § 3540.2 (a) A school district that has a qualified or negative certification pursuant to Section 42131 of the Education Code shall allow the county office of education…
2. ARTICLE 2. Administration §§ 3541–3541.5 · 5 sections

   • § 3541 (a) There is in state government the Public Employment Relations Board which shall be independent of any state agency and shall consist of five members. The…
   • § 3541.3 The board shall have all of the following powers and duties: (a) To determine in disputed cases, or otherwise approve, appropriate units. (b) To determine in…
   • § 3541.35 Notwithstanding any other law, if a decision by an administrative law judge regarding the recognition or certification of an employee organization as described…
   • § 3541.4 Any person who shall willfully resist, prevent, impede or interfere with any member of the board, or any of its agents, in the performance of duties pursuant…
   • § 3541.5 The initial determination as to whether the charges of unfair practices are justified, and, if so, what remedy is necessary to effectuate the purposes of this…
3. ARTICLE 3. Judicial Review § 3542 · 1 section

   • § 3542 (a) No employer or employee organization shall have the right to judicial review of a unit determination except: (1) when the board in response to a petition…
4. ARTICLE 4. Rights, Obligations, Prohibitions, and Unfair Practices §§ 3543–3543.8 · 9 sections

   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 3543.8 (a) Any employee organization shall have standing to sue in any action or proceeding heretofore or hereafter instituted by it as representative and on behalf…
5. ARTICLE 5. Employee Organizations: Representation, Recognition, Certification, and Decertification §§ 3544–3544.9 · 6 sections

   • § 3544 (a) An employee organization may become the exclusive representative for the employees of an appropriate unit for purposes of meeting and negotiating by filing…
   • § 3544.1 The public school employer shall grant a request for recognition filed pursuant to Section 3544, unless any of the following apply: (a) The public school…
   • § 3544.3 If, by January 1 of any school year, no employee organization has made a claim of majority support in an appropriate unit pursuant to Section 3544, a majority…
   • § 3544.5 A petition may be filed with the board, in accordance with its rules and regulations, requesting it to investigate and decide the question of whether employees…
   • § 3544.7 (a) Upon receipt of a petition filed pursuant to Section 3544.3 or 3544.5, the board shall conduct inquiries and investigations or hold any hearings it deems…
   • § 3544.9 The employee organization recognized or certified as the exclusive representative for the purpose of meeting and negotiating shall fairly represent each and…
6. ARTICLE 6. Unit Determinations § 3545 · 1 section

   • § 3545 (a) In each case where the appropriateness of the unit is an issue, the board shall decide the question on the basis of the community of interest between and…
7. ARTICLE 7. Organizational Security §§ 3546–3546.5 · 3 sections

   • § 3546 (a) Notwithstanding any other provision of law, upon receiving notice from the exclusive representative of a public school employee who is in a unit for which…
   • § 3546.3 Notwithstanding subdivision (i) of Section 3540.1, Section 3546, or any other provision of this chapter, any employee who is a member of a religious body whose…
   • § 3546.5 Every recognized or certified employee organization shall keep an adequate itemized record of its financial transactions and shall make available annually, to…
8. ARTICLE 8. Public Notice §§ 3547–3547.5 · 2 sections

   • § 3547 (a) All initial proposals of exclusive representatives and of public school employers, which relate to matters within the scope of representation, shall be…
   • § 3547.5 (a) Before a public school employer enters into a written agreement with an exclusive representative covering matters within the scope of representation, the…
9. ARTICLE 9. Impasse Procedures §§ 3548–3548.8 · 9 sections

   • § 3548 Either a public school employer or the exclusive representative may declare that an impasse has been reached between the parties in negotiations over matters…
   • § 3548.1 (a) If the mediator is unable to effect settlement of the controversy within 15 days after his appointment and the mediator declares that factfinding is…
   • § 3548.2 (a) The panel shall, within 10 days after its appointment, meet with the parties or their representatives, either jointly or separately, and may make inquiries…
   • § 3548.3 (a) If the dispute is not settled within 30 days after the appointment of the panel, or, upon agreement by both parties, within a longer period, the panel…
   • § 3548.4 Nothing in this article shall be construed to prohibit the mediator appointed pursuant to Section 3548 from continuing mediation efforts on the basis of the…
   • § 3548.5 A public school employer and an exclusive representative who enter into a written agreement covering matters within the scope of representation may include in…
   • § 3548.6 If the written agreement does not include procedures authorized by Section 3548.5, both parties to the agreement may agree to submit any disputes involving the…
   • § 3548.7 Where a party to a written agreement is aggrieved by the failure, neglect, or refusal of the other party to proceed to arbitration pursuant to the procedures…
   • § 3548.8 An arbitration award made pursuant to Section 3548.5, 3548.6, or 3548. 7 shall be final and binding upon the parties and may be enforced by a court pursuant to…
10. ARTICLE 10. Miscellaneous §§ 3549–3549.3 · 3 sections

    • § 3549 The enactment of this chapter shall not be construed as making the provisions of Section 923 of the Labor Code applicable to public school employees and shall…
    • § 3549.1 All the proceedings set forth in subdivisions (a) to (d), inclusive, are exempt from the provisions of Sections 35144 and 35145 of the Education Code, the…
    • § 3549.3 If any provisions of this chapter or the application of such provision to any person or circumstances, shall be held invalid, the remainder of this chapter or…