California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 5 - Unfair Practice Proceedings › Section 32603 - Employer Unfair Practices Under MMBA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It shall be an unfair practice for a public agency to do
					 any of the following:
(a) 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.
(b) Deny to employee organizations rights
				  guaranteed to them by Government Code section
				  3503,
				  3504.5,
				  3505.1,
				  3505.3,
				  3507.1,
				  3508(d)
				  or
				  3508.5 or
				  by any local rule adopted pursuant to Government Code section
				  3507.
(c) Refuse or fail to meet and confer in good
				  faith with an exclusive representative as required by Government Code section
				  3505 or
				  any local rule adopted pursuant to Government Code section
				  3507.
(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 in violation of rights guaranteed by Government Code
				  section
				  3502 or
				  3508(d)
				  or any local rule adopted pursuant to Government Code section
				  3507.
(e) 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.
(f) Adopt or enforce a local rule that is not
				  in conformance with the MMBA.
(g)
				  In any other way violate MMBA or any local rule adopted pursuant to Government
				  Code section
				  3507.
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					 emergency language will be repealed by operation of law on the following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 subsections (a)-(e) and (g), 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 subsection (b)
					 and NOTE filed 11-13-2003; operative 12-13-2003 (Register 2003, No.
					 46).
5. Amendment of subsection (f) and amendment of NOTE filed
					 2-2-2004 as an emergency; operative 2-2-2004 (Register 2004, No. 6). A
					 Certificate of Compliance must be transmitted to OAL by 6-1-2004 or emergency
					 language will be repealed by operation of law on the following
					 day.
6. Certificate of Compliance as to 2-2-2004 order transmitted
					 to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
7.
					 Amendment of subsection (e) and NOTE filed 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.
8. Change without regulatory
					 effect amending subsection (d) and NOTE filed 3-14-2012 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2012, No. 11).
9. 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: Authority cited: Sections
						3509(a)
						and
						3541.3(g),
						Government Code. Reference: Sections
						3502,
						3502.1,
						3505,
						3505.2,
						3505.3,
						3505.4,
						3505.5,
						3505.7,
						3506,
						3506.5,
						3507,
						3507(d),
						3507.1,
						3507.5,
						3508,
						3508.1,
						3508.5 and
						3509,
						Government Code; and Firefighters Union, Local 1186 v. City of Vallejo (1974)
						12 Cal.3d 608.