§ 32604. Employee Organization Unfair Practices Under Mmba.

It shall be an unfair practice for an employee organization to do any of the following:

(a) Cause or attempt to cause a public agency to engage in conduct prohibited by the MMBA or by any local rule adopted pursuant to Government Code section 3507.

(b) Interfere with, intimidate, restrain, coerce or discriminate against public employees because of their exercise of rights guaranteed by Government Code section 3502 or by any local rule adopted pursuant to Government Code section 3507.

(c) Refuse or fail to meet and confer in good faith as required by Government Code section 3505 or by any local rule adopted pursuant to Government Code section 3507.

(d) Fail to exercise good faith while participating in any impasse procedure mutually agreed to pursuant to Government Code section 3505 or 3505.2 or required by the MMBA or any local rule adopted pursuant to Government Code section 3507.

(e) In any other way violate MMBA or any local rule adopted pursuant to Government Code section 3507.

HISTORY

1. New section filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 6-11-2001 order, including amendment of section, transmitted to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).

3. Change without regulatory effect amending Note filed 5-20-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 21).

4. Amendment of Note filed 4-11-2006; operative 5-11-2006 (Register 2006, No. 15).

5. Amendment of subsection (d) and Notefiled 12-29-2011 as an emergency; operative 1-1-2012 (Register 2011, No. 52). A Certificate of Compliance must be transmitted to OAL by 6-29-2012 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 12-29-2011 order transmitted to OAL 6-22-2012 and filed 7-30-2012 (Register 2012, No. 31).

Note

Note: Authority cited: Sections 3509(a) and 3541.3(g), Government Code. Reference: Sections 3502, 3502.1, 3502.5, 3505, 3505.2, 3505.4, 3505.5, 3505.7, 3506, 3507 and 3509, Government Code; and Firefighters Union, Local 1186 v. City of Vallejo (1974) 12 Cal.3d 608.