| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | Amended IN Assembly March 21, 2018 Amended IN Assembly March 06, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2017Introduced by Assembly Member ChiuFebruary 05, 2018 An act to amend Section Sections 3550 and 3552 of the Government Code, relating to public employees. LEGISLATIVE COUNSEL'S DIGESTAB 2017, as amended, Chiu. Public employers: employee organizations.Existing law prohibits a public employer, as defined, from deterring or discouraging public employees from becoming or remaining members of an employee organization. Under existing law, a public employer is defined, for these purposes, to include counties, cities, districts, the state, schools, transit districts, the University of California, and the California State University, among others. Existing law grants the Public Employment Relations Board jurisdiction over violations of these provisions.This bill would include in the definition of public employer under these provisions those employers of excluded supervisory employees and judicial council employees. The bill would additionally prohibit a public employer from deterring or discouraging prospective public employees, as defined, from becoming or remaining members of an employee organization.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3550 of the Government Code is amended to read:3550. (a)A public employer shall not deter or discourage public employees or prospective public employees from becoming or remaining members of an employee organization.(b)For purposes of this section, a prospective public employee means an applicant for public employment, including an individual who attends an orientation to become an in-home supportive services provider, as described in Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, or Section 14132.95, 14132.952, or 14132.956 of, the Welfare and Institutions Code.SEC. 2. Section 3552 of the Government Code is amended to read:3552. For the purpose of this chapter:(a) Employee organization means an employee organization within the meaning of the provisions listed in subdivision (c).(b) Prospective public employee means an applicant for public employment, including an individual who attends an orientation to become a provider on in-home supportive services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, or Section 14132.95, 14132.952, or 14132.956 of, the Welfare and Institutions Code. (b)(c) Public employee means an employee granted rights by the provisions listed in subdivision (c). (d).(c)(d) Public employer means any employer subject to Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.4 (commencing with Section 3524.50), Chapter 10.5 (commencing with Section 3525), Chapter 10.7 (commencing with Section 3540), or Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, Chapter 7 (commencing with Section 71600) or Chapter 7.5 (commencing with Section 71800) of Title 8 of this code, or Chapter 7 (commencing with Section 99560) of Part 11 of Division 10 of the Public Utilities Code, or Section 12302.25 of the Welfare and Institutions Code. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 21, 2018 Amended IN Assembly March 06, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2017Introduced by Assembly Member ChiuFebruary 05, 2018 An act to amend Section Sections 3550 and 3552 of the Government Code, relating to public employees. LEGISLATIVE COUNSEL'S DIGESTAB 2017, as amended, Chiu. Public employers: employee organizations.Existing law prohibits a public employer, as defined, from deterring or discouraging public employees from becoming or remaining members of an employee organization. Under existing law, a public employer is defined, for these purposes, to include counties, cities, districts, the state, schools, transit districts, the University of California, and the California State University, among others. Existing law grants the Public Employment Relations Board jurisdiction over violations of these provisions.This bill would include in the definition of public employer under these provisions those employers of excluded supervisory employees and judicial council employees. The bill would additionally prohibit a public employer from deterring or discouraging prospective public employees, as defined, from becoming or remaining members of an employee organization.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 21, 2018 Amended IN Assembly March 06, 2018 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 11, 2018 | |
| 8 | 7 | Amended IN Assembly March 21, 2018 | |
| 9 | 8 | Amended IN Assembly March 06, 2018 | |
| 10 | 9 | ||
| 11 | 10 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 12 | 11 | ||
| 13 | 12 | Assembly Bill No. 2017 | |
| 14 | 13 | ||
| 15 | - | Introduced by Assembly Member | |
| 14 | + | Introduced by Assembly Member ChiuFebruary 05, 2018 | |
| 16 | 15 | ||
| 17 | - | Introduced by Assembly Member Chiu | |
| 16 | + | Introduced by Assembly Member Chiu | |
| 18 | 17 | February 05, 2018 | |
| 19 | 18 | ||
| 20 | - | An act to amend Sections 3550 and 3552 of the Government Code, relating to public employees. | |
| 19 | + | An act to amend Section Sections 3550 and 3552 of the Government Code, relating to public employees. | |
| 21 | 20 | ||
| 22 | 21 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 22 | ||
| 24 | 23 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 24 | ||
| 26 | 25 | AB 2017, as amended, Chiu. Public employers: employee organizations. | |
| 27 | 26 | ||
| 28 | - | Existing law prohibits a public employer, as defined, from deterring or discouraging public employees from becoming or remaining members of an employee organization. Under existing law, a public employer is defined, for these purposes, to include counties, cities, districts, the state, schools, transit districts, the University of California, and the California State University, among others. Existing law grants the Public Employment Relations Board jurisdiction over violations of these provisions.This bill would include in the definition of public employer under these provisions those employers of excluded supervisory employees and judicial council employees. | |
| 27 | + | Existing law prohibits a public employer, as defined, from deterring or discouraging public employees from becoming or remaining members of an employee organization. Under existing law, a public employer is defined, for these purposes, to include counties, cities, districts, the state, schools, transit districts, the University of California, and the California State University, among others. Existing law grants the Public Employment Relations Board jurisdiction over violations of these provisions.This bill would include in the definition of public employer under these provisions those employers of excluded supervisory employees and judicial council employees. The bill would additionally prohibit a public employer from deterring or discouraging prospective public employees, as defined, from becoming or remaining members of an employee organization. | |
| 29 | 28 | ||
| 30 | 29 | Existing law prohibits a public employer, as defined, from deterring or discouraging public employees from becoming or remaining members of an employee organization. Under existing law, a public employer is defined, for these purposes, to include counties, cities, districts, the state, schools, transit districts, the University of California, and the California State University, among others. Existing law grants the Public Employment Relations Board jurisdiction over violations of these provisions. | |
| 31 | 30 | ||
| 32 | - | This bill would include in the definition of public employer under these provisions those employers of excluded supervisory employees and judicial council employees | |
| 31 | + | This bill would include in the definition of public employer under these provisions those employers of excluded supervisory employees and judicial council employees. The bill would additionally prohibit a public employer from deterring or discouraging prospective public employees, as defined, from becoming or remaining members of an employee organization. | |
| 33 | 32 | ||
| 34 | 33 | ## Digest Key | |
| 35 | 34 | ||
| 36 | 35 | ## Bill Text | |
| 37 | 36 | ||
| 38 | - | The people of the State of California do enact as follows:SECTION 1. Section 3550 of the Government Code is amended to read:3550. A public employer shall not deter or discourage public employees or prospective public employees from becoming or remaining members of an employee organization.SEC. 2. Section 3552 of the Government Code is amended to read:3552. For the purpose of this chapter:(a) Employee organization means an employee organization within the meaning of the provisions listed in subdivision (c).(b) Prospective public employee means an applicant for public employment, including | |
| 37 | + | The people of the State of California do enact as follows:SECTION 1. Section 3550 of the Government Code is amended to read:3550. (a)A public employer shall not deter or discourage public employees or prospective public employees from becoming or remaining members of an employee organization.(b)For purposes of this section, a prospective public employee means an applicant for public employment, including an individual who attends an orientation to become an in-home supportive services provider, as described in Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, or Section 14132.95, 14132.952, or 14132.956 of, the Welfare and Institutions Code.SEC. 2. Section 3552 of the Government Code is amended to read:3552. For the purpose of this chapter:(a) Employee organization means an employee organization within the meaning of the provisions listed in subdivision (c).(b) Prospective public employee means an applicant for public employment, including an individual who attends an orientation to become a provider on in-home supportive services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, or Section 14132.95, 14132.952, or 14132.956 of, the Welfare and Institutions Code. (b)(c) Public employee means an employee granted rights by the provisions listed in subdivision (c). (d).(c)(d) Public employer means any employer subject to Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.4 (commencing with Section 3524.50), Chapter 10.5 (commencing with Section 3525), Chapter 10.7 (commencing with Section 3540), or Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, Chapter 7 (commencing with Section 71600) or Chapter 7.5 (commencing with Section 71800) of Title 8 of this code, or Chapter 7 (commencing with Section 99560) of Part 11 of Division 10 of the Public Utilities Code, or Section 12302.25 of the Welfare and Institutions Code. | |
| 39 | 38 | ||
| 40 | 39 | The people of the State of California do enact as follows: | |
| 41 | 40 | ||
| 42 | 41 | ## The people of the State of California do enact as follows: | |
| 43 | 42 | ||
| 44 | - | SECTION 1. Section 3550 of the Government Code is amended to read:3550. A public employer shall not deter or discourage public employees or prospective public employees from becoming or remaining members of an employee organization. | |
| 43 | + | SECTION 1. Section 3550 of the Government Code is amended to read:3550. (a)A public employer shall not deter or discourage public employees or prospective public employees from becoming or remaining members of an employee organization.(b)For purposes of this section, a prospective public employee means an applicant for public employment, including an individual who attends an orientation to become an in-home supportive services provider, as described in Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, or Section 14132.95, 14132.952, or 14132.956 of, the Welfare and Institutions Code. | |
| 45 | 44 | ||
| 46 | 45 | SECTION 1. Section 3550 of the Government Code is amended to read: | |
| 47 | 46 | ||
| 48 | 47 | ### SECTION 1. | |
| 49 | 48 | ||
| 50 | - | 3550. A public employer shall not deter or discourage public employees or prospective public employees from becoming or remaining members of an employee organization. | |
| 49 | + | 3550. (a)A public employer shall not deter or discourage public employees or prospective public employees from becoming or remaining members of an employee organization.(b)For purposes of this section, a prospective public employee means an applicant for public employment, including an individual who attends an orientation to become an in-home supportive services provider, as described in Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, or Section 14132.95, 14132.952, or 14132.956 of, the Welfare and Institutions Code. | |
| 51 | 50 | ||
| 52 | - | 3550. A public employer shall not deter or discourage public employees or prospective public employees from becoming or remaining members of an employee organization. | |
| 51 | + | 3550. (a)A public employer shall not deter or discourage public employees or prospective public employees from becoming or remaining members of an employee organization.(b)For purposes of this section, a prospective public employee means an applicant for public employment, including an individual who attends an orientation to become an in-home supportive services provider, as described in Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, or Section 14132.95, 14132.952, or 14132.956 of, the Welfare and Institutions Code. | |
| 53 | 52 | ||
| 54 | - | 3550. A public employer shall not deter or discourage public employees or prospective public employees from becoming or remaining members of an employee organization. | |
| 53 | + | 3550. (a)A public employer shall not deter or discourage public employees or prospective public employees from becoming or remaining members of an employee organization.(b)For purposes of this section, a prospective public employee means an applicant for public employment, including an individual who attends an orientation to become an in-home supportive services provider, as described in Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, or Section 14132.95, 14132.952, or 14132.956 of, the Welfare and Institutions Code. | |
| 55 | 54 | ||
| 56 | 55 | ||
| 57 | 56 | ||
| 58 | - | 3550. A public employer shall not deter or discourage public employees or prospective public employees from becoming or remaining members of an employee organization. | |
| 57 | + | 3550. (a)A public employer shall not deter or discourage public employees or prospective public employees from becoming or remaining members of an employee organization. | |
| 59 | 58 | ||
| 60 | - | SEC. 2. Section 3552 of the Government Code is amended to read:3552. For the purpose of this chapter:(a) Employee organization means an employee organization within the meaning of the provisions listed in subdivision (c).(b) Prospective public employee means an applicant for public employment, including including, but not limited to, an individual who attends an orientation to become a provider on of in-home supportive services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, or Section 14132.95, 14132.952, or 14132.956 of, the Welfare and Institutions Code. (c) Public employee means an employee granted rights by the provisions listed in subdivision (d). (d) or an employee of a public transit agency, the labor relations of which are regulated by provisions in the Public Utilities Code.(d) Public employer means any employer subject to Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.4 (commencing with Section 3524.50), Chapter 10.5 (commencing with Section 3525), Chapter 10.7 (commencing with Section 3540), or Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, Chapter 7 (commencing with Section 71600) or Chapter 7.5 (commencing with Section 71800) of Title 8 of this code, or Chapter 7 (commencing with Section 99560) of Part 11 of Division 10 of the Public Utilities Code, or Section 12302.25 of the Welfare and Institutions Code. | |
| 59 | + | (b)For purposes of this section, a prospective public employee means an applicant for public employment, including an individual who attends an orientation to become an in-home supportive services provider, as described in Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, or Section 14132.95, 14132.952, or 14132.956 of, the Welfare and Institutions Code. | |
| 60 | + | ||
| 61 | + | ||
| 62 | + | ||
| 63 | + | SEC. 2. Section 3552 of the Government Code is amended to read:3552. For the purpose of this chapter:(a) Employee organization means an employee organization within the meaning of the provisions listed in subdivision (c).(b) Prospective public employee means an applicant for public employment, including an individual who attends an orientation to become a provider on in-home supportive services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, or Section 14132.95, 14132.952, or 14132.956 of, the Welfare and Institutions Code. (b)(c) Public employee means an employee granted rights by the provisions listed in subdivision (c). (d).(c)(d) Public employer means any employer subject to Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.4 (commencing with Section 3524.50), Chapter 10.5 (commencing with Section 3525), Chapter 10.7 (commencing with Section 3540), or Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, Chapter 7 (commencing with Section 71600) or Chapter 7.5 (commencing with Section 71800) of Title 8 of this code, or Chapter 7 (commencing with Section 99560) of Part 11 of Division 10 of the Public Utilities Code, or Section 12302.25 of the Welfare and Institutions Code. | |
| 61 | 64 | ||
| 62 | 65 | SEC. 2. Section 3552 of the Government Code is amended to read: | |
| 63 | 66 | ||
| 64 | 67 | ### SEC. 2. | |
| 65 | 68 | ||
| 66 | - | 3552. For the purpose of this chapter:(a) Employee organization means an employee organization within the meaning of the provisions listed in subdivision (c).(b) Prospective public employee means an applicant for public employment, including | |
| 69 | + | 3552. For the purpose of this chapter:(a) Employee organization means an employee organization within the meaning of the provisions listed in subdivision (c).(b) Prospective public employee means an applicant for public employment, including an individual who attends an orientation to become a provider on in-home supportive services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, or Section 14132.95, 14132.952, or 14132.956 of, the Welfare and Institutions Code. (b)(c) Public employee means an employee granted rights by the provisions listed in subdivision (c). (d).(c)(d) Public employer means any employer subject to Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.4 (commencing with Section 3524.50), Chapter 10.5 (commencing with Section 3525), Chapter 10.7 (commencing with Section 3540), or Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, Chapter 7 (commencing with Section 71600) or Chapter 7.5 (commencing with Section 71800) of Title 8 of this code, or Chapter 7 (commencing with Section 99560) of Part 11 of Division 10 of the Public Utilities Code, or Section 12302.25 of the Welfare and Institutions Code. | |
| 67 | 70 | ||
| 68 | - | 3552. For the purpose of this chapter:(a) Employee organization means an employee organization within the meaning of the provisions listed in subdivision (c).(b) Prospective public employee means an applicant for public employment, including | |
| 71 | + | 3552. For the purpose of this chapter:(a) Employee organization means an employee organization within the meaning of the provisions listed in subdivision (c).(b) Prospective public employee means an applicant for public employment, including an individual who attends an orientation to become a provider on in-home supportive services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, or Section 14132.95, 14132.952, or 14132.956 of, the Welfare and Institutions Code. (b)(c) Public employee means an employee granted rights by the provisions listed in subdivision (c). (d).(c)(d) Public employer means any employer subject to Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.4 (commencing with Section 3524.50), Chapter 10.5 (commencing with Section 3525), Chapter 10.7 (commencing with Section 3540), or Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, Chapter 7 (commencing with Section 71600) or Chapter 7.5 (commencing with Section 71800) of Title 8 of this code, or Chapter 7 (commencing with Section 99560) of Part 11 of Division 10 of the Public Utilities Code, or Section 12302.25 of the Welfare and Institutions Code. | |
| 69 | 72 | ||
| 70 | - | 3552. For the purpose of this chapter:(a) Employee organization means an employee organization within the meaning of the provisions listed in subdivision (c).(b) Prospective public employee means an applicant for public employment, including | |
| 73 | + | 3552. For the purpose of this chapter:(a) Employee organization means an employee organization within the meaning of the provisions listed in subdivision (c).(b) Prospective public employee means an applicant for public employment, including an individual who attends an orientation to become a provider on in-home supportive services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, or Section 14132.95, 14132.952, or 14132.956 of, the Welfare and Institutions Code. (b)(c) Public employee means an employee granted rights by the provisions listed in subdivision (c). (d).(c)(d) Public employer means any employer subject to Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.4 (commencing with Section 3524.50), Chapter 10.5 (commencing with Section 3525), Chapter 10.7 (commencing with Section 3540), or Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, Chapter 7 (commencing with Section 71600) or Chapter 7.5 (commencing with Section 71800) of Title 8 of this code, or Chapter 7 (commencing with Section 99560) of Part 11 of Division 10 of the Public Utilities Code, or Section 12302.25 of the Welfare and Institutions Code. | |
| 71 | 74 | ||
| 72 | 75 | ||
| 73 | 76 | ||
| 74 | 77 | 3552. For the purpose of this chapter: | |
| 75 | 78 | ||
| 76 | 79 | (a) Employee organization means an employee organization within the meaning of the provisions listed in subdivision (c). | |
| 77 | 80 | ||
| 78 | - | (b) Prospective public employee means an applicant for public employment, including | |
| 81 | + | (b) Prospective public employee means an applicant for public employment, including an individual who attends an orientation to become a provider on in-home supportive services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, or Section 14132.95, 14132.952, or 14132.956 of, the Welfare and Institutions Code. | |
| 79 | 82 | ||
| 80 | - | (c) Public employee means an employee granted rights by the provisions listed in subdivision (d). (d) or an employee of a public transit agency, the labor relations of which are regulated by provisions in the Public Utilities Code. | |
| 83 | + | (b) | |
| 84 | + | ||
| 85 | + | ||
| 86 | + | ||
| 87 | + | (c) Public employee means an employee granted rights by the provisions listed in subdivision (c). (d). | |
| 88 | + | ||
| 89 | + | (c) | |
| 90 | + | ||
| 91 | + | ||
| 81 | 92 | ||
| 82 | 93 | (d) Public employer means any employer subject to Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), Chapter 10.4 (commencing with Section 3524.50), Chapter 10.5 (commencing with Section 3525), Chapter 10.7 (commencing with Section 3540), or Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, Chapter 7 (commencing with Section 71600) or Chapter 7.5 (commencing with Section 71800) of Title 8 of this code, or Chapter 7 (commencing with Section 99560) of Part 11 of Division 10 of the Public Utilities Code, or Section 12302.25 of the Welfare and Institutions Code. |