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. 38, September 20, 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 A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or emergency language will be repealed by operation of law on the following day.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.
