Labor Relations Fundamentals for Community College Districts

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GOVERNMENT CODE - GOV TITLE 1. GENERAL [100 - 7914] ( Title 1 enacted by Stats. 1943, Ch. 134. )

DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599] ( Division 4 enacted by Stats. 1943, Ch. 134. ) CHAPTER 10.7. Meeting and Negotiating in Public Educational Employment [3540 - 3549.3] ( Chapter 10.7 added by Stats. 1975, Ch. 961. )

ARTICLE 10. Miscellaneous [3549 - 3549.3] ( Article 10 added by Stats. 1975, Ch. 961. )

3549.

3549.1. 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 not be construed as prohibiting a public school employer from making the final decision with regard to all matters specified in Section 3543.2. Nothing in this section shall cause any court or the board to hold invalid any negotiated agreement between public school employers and the exclusive representative entered into in accordance with the provisions of this chapter. (Added by Stats. 1975, Ch. 961.) 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 Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2), and the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), unless the parties mutually agree otherwise:

(a) Any meeting and negotiating discussion between a public school employer and a recognized or certified employee organization.

(b) Any meeting of a mediator with either party or both parties to the meeting and negotiating process.

(c) Any hearing, meeting, or investigation conducted by a factfinder or arbitrator.

3549.3. (d) Any executive session of the public school employer or between the public school employer and its designated representative for the purpose of discussing its position regarding any matter within the scope of representation and instructing its designated representatives. (Amended by Stats. 2006, Ch. 538, Sec. 229. Effective January 1, 2007.) 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 the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. (Added by Stats. 1975, Ch. 961.)